Deregistration

Cancellation of Registration

The NZ Teachers Council must cancel a teacher's registration if:

• The NZ Teachers Council is satisfied that the person is no longer of good character, fit to teach, satisfactorily trained to teach, or has satisfactory recent teaching experience;

• The teacher's registration was granted in error. Such a situation may be the result of an administrative error by NZ Teachers Council staff or a mistake in the information supplied to the NZ Teachers Council;

• The teacher's registration was granted through fraud. Such a situation may be the result of false information being supplied or a fraudulent declaration being made;

• Following a complaint and investigation into a teacher's competence, the NZ Teachers Council is satisfied that the teacher is not competent and should be deregistered;

• Following a complaint and investigation into a teacher's misconduct or criminal conviction, the Disciplinary Tribunal requires the NZ Teachers Council to cancel a teacher's registration.

Unless the Disciplinary Tribunal has already investigated the matter, the Teachers Council must notify the teacher of the reasons for the proposed cancellation, and give the teacher time to respond either in person or through a representative.

If the teacher is dissatisfied with the Council's decision to cancel their registration, they can appeal to the District Court.

If a teacher's registration is cancelled, his or her name remains on the register but is marked as cancelled. The main register can be queried for registration type 'Cancelled' and the start of a person's surname to generate a Cancelled Teachers List for that surname.

A teacher whose registration has been cancelled is entitled to reapply for registration at any time.

The law relating to cancellation of teacher registration is found in section 129 of the Education Act 1989. This section was amended on 1 September 2004. Previously, the Teachers Council's power to consider cancelling a teacher's registration usually depended on a request from the professional leader of the teacher's learning centre. Under the new section, the Teachers Council can initiate cancellation proceedings without such a request.

Expiry of registration

Registration as a teacher is maintained over a period of time by renewing the practising certificate every three years. When renewing a practising certificate, a teacher must prove that he or she has had satisfactory recent teaching experience for two of the previous five years. Remaining a registered teacher ultimately depends on continuing to practise as a teacher and meeting requirements established by the NZ Teachers Council from time to time. Registration is not automatically a lifetime entitlement.

A teacher's registration expires in the following circumstances (s127 Education Act 1989):

• Provisional registration expires after five years.
  
• Registration subject to confirmation expires after three years.
  
• Full registration expires five years after the expiry of the last practising certificate held.
  
• If the teacher is unable to renew his or her practising certificate, and if the NZ Teachers Council gives the teacher notice that it intends to treat the teacher's registration as having expired.
  
• If the teacher requests the NZ Teachers Council in writing to deregister him or her.
  
• When the teacher dies.

Expiry of registration in any of the above ways does not prevent the Teachers Council from also cancelling the teacher's registration, and putting the teacher's name on the cancelled teachers list.

A teacher whose registration has expired in any of the above ways may reapply for registration on form TC1.

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