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Education (National Standards) Amendment Bill (Consistent) [2008] NZBORARp 52 (4 December 2008)

Last Updated: 1 April 2020

4 December 2008

ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: EDUCATION (NATIONAL STANDARDS) AMENDMENT BILL

1 We have considered whether the Education (National Standards) Amendment Bill (PCO 13501/8) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill is likely to be considered by Cabinet at its meeting on Monday, 8 December 2008.

2 The Bill seeks to amend the Education Act 1989 (the ‘Act’). The Bill aims to ensure that all children subject to compulsory education attend school as required, and have the skills they need to do well at school and succeed in the workforce. To that end, it seeks to raise the standards of achievement and attendance in the compulsory education sector by empowering the Minister of Education to set national standards for literacy and numeracy.

3 The Bill also proposes amendments to:

- raise the level of fines imposed on parents who fail to enrol their child at school, or who fail to ensure their child attends school once enrolled; and

- give the Secretary for Education the power to conduct prosecutions under Part 2 of the Act, or appoint another person to do so on his or her behalf.

4 We have reached the conclusion that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Melanie Webb

Manager, Ministerial Advice

_{Office of Legal Counsel}

Veronica Jacobsen Acting General Manager Public Law

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Education (National Standards) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill

complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional

privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.

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