Who is a Teacher

The Education Act defines a teacher as someone occupying a teaching position in the general education system (including a free kindergarten) that:

• requires its holder to instruct students or
  
• is the position (however described) of principal (head teacher), or deputy principal (deputy head teacher), or assistant principal (or assistant head teacher), of a state school, a registered private school, or an educational institution established or deemed to have been established under this Act or the Education Act 1964. (s. I20)
  (Senior teachers in free kindergartens would be covered by this definition.)

Note that by virtue of the act of instructing students or being a principal etc. a person holds a teaching position. Any contract of service, the amount of payment, the conditions of employment or amount or type of instruction are not the determiners. Thus any position in any of the following institutions will be a teaching position if it meets the definition above and if the teaching is being done for payment of wages or salary:

Registered private schools; state and integrated schools; free kindergartens; early childhood centres; kura kaupapa schools; polytechnics; colleges of education; universities; wananga.

Note: The compulsory registration requirements apply only to staff of registered private schools, state and integrated schools, free kindergartens and from 1 January 2005 the position of 'person responsible' in teacher-led early childhood centres.

In a school a parent who is employed in a position where they have the prime responsibility for advancing the learning of (the 'instruction' of ) a group of students/learners through planning, implementing, monitoring, assessing and evaluating sequential learning in languages, music or drama for example is in a teaching position and should be paid as a teacher. But a parent who voluntarily coaches a sports team or is assisting and unpaid is not 'employed' by a school authority so is not in a teaching position'. If the position of a sports coach involves employment in teaching as described above then it is a teaching position.

Where a person is employed in a school but is not employed in a teaching position then a Non-Teacher police vet (NTPV) must be completed.

The intent of the Act

The intent of the Act is to ensure that all people who are being employed by a school authority or kindergarten association to instruct students have undergone a checking procedure by the NZ Teachers Council and will either:

• teach under the supervision of a registered teacher for no more than 20 half days per calendar year (unless the Council has permitted a longer period), OR
  
• apply for and be granted a limited authority to teach, OR
  
• apply for and be granted registration as a teacher.

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