Referrals to the New Zealand Teachers Council
The New Zealand Teachers Council considers:
- complaints and reports received before 1 September 2004;
- applications by teachers with criminal convictions; and
- applications for re-registration by cancelled teachers.
Cases are considered by the New Zealand Teachers Council at its monthly meetings. The teacher does not need to attend this meeting in person.
The New Zealand Teachers Council determines whether or not there is a case to answer.
No case to answer
When the New Zealand Teachers Council determines that there is no case to answer, the teacher is sent a copy of the New Zealand Teachers Council's decision. The information remains on the teacher's file to refer to if similar incidents occur.
A case to answer
The New Zealand Teachers Council determines that there is a case to answer when it has concerns about whether the teacher is of good character and/or fit to be a teacher. The teacher is informed of the grounds for the New Zealand Teachers Council's decision, and the specific concerns that the New Zealand Teachers Council has about the teacher's eligibility for registration.
The teacher is given an opportunity to make submissions in writing. The teacher may also be invited to attend a hearing during a New Zealand Teachers Council meeting to make oral submissions, or to instruct a legal representative or other advocate to make oral submissions on their behalf. The submissions should respond to the New Zealand Teachers Council's concerns as outlined in the letter, and persuade the New Zealand Teachers Council that the teacher is eligible for registration
For information on the procedure in New Zealand Teachers Council hearings, click here.
For decisions made prior to 2007 by the New Zealand Teachers Council, click here.
Appeals
The teacher can appeal to the Wellington District Court within 28 days of receiving notice of the decision to decline his or her application for registration. At present, there is no right of appeal when the New Zealand Teachers Council declines an application for practising certificate renewal. If a teacher's application is declined, he or she may reapply at any time.
Limited Authority to Teach
The process for dealing with an historical complaint about the holder of a Limited Authority to Teach, or an application for a Limited Authority to Teach from someone with criminal convictions, is identical to that outlined above.