Conduct & Competence

Teachers

What sort of convictions do I have to report to the NZ Teachers Council?

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

When do I have to report to the NZ Teachers Council about conviction/s following criminal proceedings?

When a conviction is entered. Under section 139AP of the Education Act 1989, you are required to inform the NZ Teachers Council within seven days. Failure to do so could be considered serious misconduct. All convictions are the subject of investigation by the Complaints Assessment Committee.

I am considering studying to be a teacher but I have criminal convictions. Will they prevent me getting registered?

Applications for registration are considered on a case-by-case basis. The Council does not have jurisdiction to decide whether or not it will register you until you have completed your course and applied for registration. When it does consider your application, the criteria considered by the Council include:

• The number of offences
  
• The nature of the offence(s)
  
• The circumstances of the offence(s)
  
• Any underlying causes of the offending and any evidence that these have been addressed
  
• The length of time that has passed since the last offence was committed
  
• Whether the convictions were declared on the application form
  
• The applicant's attitude to the offending
  
• Whether the professional leader of the learning centre or any other persons have written character references, indicating that they know about the convictions and still support the application

Past Council decisions are posted on this website, and may be a helpful reference for you to access.

I have been informed that the NZ Teachers Council has received a complaint about me. What should I do?

I have been invited to attend a hearing. Where and when will my hearing take place?

Hearings are usually held at the Teachers Council offices located at 93 The Terrace, Wellingon. You can contact the Senior Advisor: Teacher Practice (legal@teacherscouncil.govt.nz) to arrange a time for your hearing.

Can I bring a lawyer, advocate or support person to a meeting with the Complaints Assessment Committee?

Yes, you are entitled to have a representative or support person present. You or your representative may want to make opening remarks, then the Committee members will ask you questions. The meetings will be informal though it is important to be aware that an outcome of a CAC investigation can be referral to the Disciplinary Tribunal.

Do I have to have a lawyer representing me if I have a hearing before the Disciplinary Tribunal?

No, you are allowed to represent yourself, although you are encouraged to be represented by counsel. You can also be represented by a lay advocate, who will have the same rights and privileges as a lawyer during the hearing.

What happens if I know one of the members of the CAC or the Disciplinary Tribunal who maybe hearing my case?

You are entitled to object to any member of the Complaints Assessment Committee or the Disciplinary Tribunal appointed to consider your case, if you believe that they have a conflict of interest, or may be perceived to have a conflict of interest. You have five working days from when you were notified of the members' names, to lodge an objection. If your objection is upheld the member will be replaced. If you believe the replacement member also has a conflict of interest, you may object to that member too.

If my learning centre investigates allegations of serious misconduct against me, and then the CAC investigates the same issues, isn't that double jeopardy?

Employment issues and registration or professional issues are not dealt with under the same jurisdiction. The Rules are drafted to avoid unnecessary duplication, while recognising that the public interest justifies some conduct being dealt with at a national level.

If the Disciplinary Tribunal suspends my practising certificate, do I still get paid?

This is not a matter that is within the jurisdiction of the NZ Teachers Council or the Disciplinary Tribunal.

What happens if my professional leader refuses to sign my PC Renewal application because I am under advice and guidance relating to my competence as a teacher?

The professional leader can apply to the Manager, Registration for an extension to teach so that support given through advice and guidance can be implemented.

An allegation of serious misconduct made against me has been dismissed. Will the allegations be removed from my file?

How such matters will be dealt with will vary depending on the circumstances. Any information that is retained on your file will have with it such correcting or contrary information as you choose to provide.

I no longer want to be a teacher, how do I deregister myself?

Under s127(1)(a) of the Education Act 1989 you can request that your registration be expired and your name be removed from the register. You must make such a request in writing and it must be signed by you. It should also clearly state that you are requesting deregistration under s127(1)(a). You should direct your request to the attention of the Manager, Registration.

Please note that expiry of registration under s127(1)(e) does not prevent the NZ Teachers Council or the Disciplinary Tribunal from considering deregistration. You will not be deregistered if you are subject of an investigation under Part 10A of The Education Act 1989.

Employers/Professional leaders

I have concerns about the behaviour/performance of one of my teachers. When am I required to notify the NZ Teachers Council?

By law you are required to notify the NZ Teachers Council when:

• you dismiss a teacher,
   
  
• when a teacher resigns within 12 months of you notifying them of an intention to investigate some aspect of their performance,
   
  
• when you receive a complaint about a former employee within 12 months after they have left,
   
  
• when you believe a teacher may have engaged in serious misconduct,
   
  
• and when you have undertaken competency procedures with a teacher and they have failed to reach the required standard.

Click here for more information.

I have just received a complaint about a teacher who has left my learning centre. Am I required to notify the NZ Teachers Council?

Yes, the Act requires you to report to the Council if it is a complaint about the conduct or competence of the teacher while they were employed at your school, and if the teacher left within the last twelve months.

If the NZ Teachers Council receives a complaint about one of my teachers from a parent or member of the public, will they tell me? Will I be involved in the investigation?

The Act requires complaints to be made to the learning centre first in most cases, so most complaints received about your teachers will be referred to you to deal with. Under the Act, and consistent with the Council's role of professional leadership, you may be asked to inform the Council or the CAC of the outcome of your investigation.

If the NZ Teachers Council does not consider it appropriate to refer the complaint to you to deal with, you will still be informed that the complaint has been received. You may be asked to provide information to assist the NZ Teachers Council or CAC investigation.

If the NZ Teachers Council investigates the competence of a teacher currently employed at my learning centre, will I be involved?

The NZ Teachers Council's expectation is that in most cases the teacher's professional leader is in the best position to help the teacher reach the required levels of competence. The Council will not conduct a competency review or advice and guidance process on top of any process that a learning centre is engaged in unless exceptional circumstances apply. These circumstances are outlined in the Act.

What constitutes 'serious misconduct'?

Serious misconduct is defined in Rule 5 of the Making Reports and Complaints Rules as follows: "Serious misconduct" means conduct by a teacher-
(a) That-
(i) Adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or
(ii) Reflects adversely on the teacher's fitness to be a teacher; and
(b) Is of a character or severity that meets the Teachers Council's criteria for reporting serious misconduct as set out in rule 9.

The Teachers Council's criteria for reporting serious misconduct are set out in Rule 9 of the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004.

When should I report alleged serious misconduct by one of my teachers to the NZ Teachers Council?

The Education Act requires you to immediately report to the NZ Teachers Council when you have reason to believe that one of your teachers has engaged in serious misconduct. In many cases such a belief will not be held until there is an investigation by the learning centre. If a complaint of misconduct is made to you about one of your teachers, you should follow your normal learning centre processes to investigate it. At any time that you decide that you have reason to believe that the teacher did engage in serious misconduct, that is the time that a report to the Council must be made. You should not stop your investigation when you have reported to the Council.

Serious misconduct is defined in the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004

Nine months before the teacher's resignation I investigated her for a minor disciplinary issue, and a warning letter was placed on her file. The matter was resolved by me long before she resigned for unrelated reasons, do I still have to report to the Teachers Council and attach all relevant documentation?

Yes. You are referred to s139AK of the Education Act.

The report should include sufficient details for the CAC to understand the nature of the incident. This will enable prompt resolution of the matter.

When do I have to report that one of my teachers is incompetent? Does it matter what category of registration they hold?

Section 139AN of the Act requires you to immediately report to the Teachers Council if you are satisfied that, despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence. This requirement is not affected by the category of registration held by the teacher.

I have been asked to supply 'all relevant information relating to this matter'. I have two folders full of documents. How much information does the NZ Teachers Council really require?

The NZ Teachers Council requires 'all relevant information' in order for the matter to be fully and fairly considered. Direct evidence, such as signed witness statements and file notes, rather than documents containing comments of other people, have greater evidential value. 'Relevant documentation' is defined in Rule 6 of the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004 as follows:

(1) In these rules, relevant documentation means documentation
relating to a report by an employer about a teacher that
provides evidence of, or relates to, the matters referred to in
the report.
(2) Without limiting subclause (1), relevant documentation may
include any or all of the following:
(a) statements by the initiator, witnesses and any other persons:
(b) letters of complaint received by the employer about the teacher:
(c) recent performance appraisals of the teacher:
(d) reports of independent investigators:
(e) letters between the employer or professional leader and the teacher concerning the complaint or matter of concern:
(f) statement or responses, or records of these statements or responses received from the teacher or his or her advocate:
(g) the teacher's letter of resignation:
(h) minutes of Board meetings at which the matter was discussed:
(i) other information provided by the police or any other person.

If you require further details, please contact the Senior Advisor: Teacher Practice (legal@teacherscouncil.govt.nz).

Will the teacher be given a copy of the documents I send to the NZ Teachers Council?

The NZ Teachers Council sends the teacher a copy of all information that is received concerning him or her, in accordance with the Privacy Act 1993 and the rules of natural justice. The teacher must be given an early opportunity to answer the allegations that have been made against him or her, and an opportunity to correct any information held on his or her file. The NZ Teachers Council will not generally consider any documents that the teacher has not seen. If confidentiality is requested by the person making the complaint, the documents will usually be returned.

How long does the Teachers Council take to consider whether or not to deregister a teacher's registration?h3>

Under the Act there is a two-step process:

• a decision about whether or not to propose to deregister a teacher is made on the papers;
   
  
• if it is decided to propose deregistration, there is a final consideration of the matters giving rise to the deregistration, which may involve a hearing.
  

Consideration may be held up by factors such as delays in obtaining information, requests by the teacher for more time, or a lack of available hearing time. Cases are seldom concluded in less than two months, 3-4 months being the average timeframe.

When did the new mandatory reporting requirements take effect?

The new mandatory reporting requirements became effective on 1 September 2004. Click here for more information.

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