Section 47 appeal process for Ongoing Resourcing Scheme (ORS)

The Matua or caregivers of an ORS applicant can request an appeal under Section 47 of the Education and Training Act (2020) when there has been a history of unsuccessful ORS applications and reviews within a relatively short period of time. Read below for information and conditions.

Conditions

• Before an appeal can be requested there will have been a number of unsuccessful ORS applications and/or reviews within a relatively short period of time
• The last application or review will have been considered by the full panel of available verifiers
• Only matua or caregivers can request an appeal i.e. not the early childhood education centre, a school or an educator
• The appeal must be made within one month(external link) of the date of the last letter explaining the verifiers decision
• All current relevant information about a tamaiti or ākonga must have been provided to the verifiers
• No new information can be introduced in the request for an appeal or at the arbitration hearing

Note: Any new information about the tamaiti or ākonga that hasn't been previously seen by the panel of verifiers can't be part of the appeal process. If new information is presented during an appeal hearing the arbitrator will suspend the hearing to enable the new information to be considered by the panel of verifiers.

First steps

Before this formal appeal, matua or caregivers and the team around the tamaiti or ākonga will have requested the verifiers to review(external link) their decision.

We encourage you to speak to the key contact, service manager, or Manager Integrated Services at your local office of the Ministry of Education(external link). to discuss if it is appropriate to request an appeal under Section 47 of the Education and Training Act (2020).

About the appeal process

• The matua or caregivers should email or write to the Ministry of Education stating they are requesting an appeal under Section 47 of the Education and Training Act (2020) at:

TePaeAronui.ODSRequests@education.govt.nz  or

Attention: General Manager – Office of the Deputy Secretary, Te Pae Aronui

Ministry of Education

PO Box 1666

Wellington 6140

• The matua or caregivers will receive a response explaining the full appeal process
• The appeal process is arranged independently of the verifiers
• The Ministry of Education and the matua or caregivers agree on an approved arbitrator from outside the Ministry to conduct the appeal
• The Manager Assurance and Eligibility presents the Ministry's position at the appeal hearing.

Last reviewed: 11 August 2023 Has this been useful? Give us your feedback