Mandatory Reporting

Employers

From 1 September 2004, all employers must immediately report to the NZ Teachers Council when:

• They dismiss a teacher (s139AK(1))

• A teacher resigns, if within the previous 12 months, the employer had advised the teacher that it was dissatisfied with, or intended to investigate, any aspect of the conduct of the teacher, or the teacher's competence (s139AK(2))

• They receive a complaint about the teacher's conduct or competence within 12 months after he or she has left (s139AL)

• They have reason to believe that the teacher has engaged in serious misconduct (s139AM)

• They are satisfied that despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence (s139AN)

Teachers self reporting convictions to the New Zealand Teachers Council

Convictions that must be reported to the New Zealand Teachers Council

Convictions that carry a maximum penalty of three months' imprisonment or more, regardless of the actual sentence imposed.

Teacher self reporting to the New Zealand Teachers Council on criminal proceedings resulting in a conviction

Under section 139AP of the Education Act 1989, a teacher is required to inform the New Zealand Teachers Council within seven days when a conviction is entered. All convictions are subject to investigation by the Complaints Assessment Committee.

The teacher when self reporting is required to do the following:

Court registrars

The registrar of every court must report to the NZ Teachers Council when a person whom the registrar believes to be a teacher, is convicted of an offence punishable by imprisonment for three months or more. The registrar must not report to the Teachers Council if the court has expressly ordered otherwise in a particular case.

Electronic form for registrars to report a teacher's conviction

Making a mandatory report

All mandatory reports must be made in writing, and must contain the following information:

• the name and address of the employer making the report
  
• the date of the report
  
• the teacher's full name and any former names
  
• the teacher's date of birth
  
• the teacher's registration number (NOT the teacher's MoE number)
  
• the teacher's last known address

• statements by the complainant and any witnesses
  
• letters of complaint received by the employer about the teacher
  
• recent performance appraisals and classroom observations of the teacher
  
• reports of independent investigators or appraisers
  
• letters between the employer, or the professional leader, and the teacher, concerning the complaint or matter of concern
  
• any statement or responses received from the teacher or their advocate
  
• the teacher's letter of resignation
  
• minutes of Board meetings at which the matter was discussed
  
• information provided by the police, or any other person or agency

• Template letter for teacher self reporting convictions
  
• Template letter for making a mandatory report about the dismissal of a teacher
  
• Template letter for making a mandatory report about the resignation of a teacher
  
• Template letter for making a mandatory report when a complaint is received about a former teacher
  
• Template letter for making a mandatory report about possible serious misconduct by a teacher
  
• Template letter for making a mandatory report about a teacher's failure to reach the required level of competence

Further guidance for employers on making mandatory reports, including the criteria for reporting serious misconduct and competence issues, can be found in the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004.

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