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Education (Board of Trustee Freedom) Amendment Bill (Consistent) [2010] NZBORARp 41 (23 June 2010)

Last Updated: 5 May 2020

Education (Board of Trustee Freedom) Amendment Bill

23 JUNE 2010

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: EDUCATION (BOARD OF TRUSTEE FREEDOM) AMENDMENT BILL

1. We have considered whether the Education (Board of Trustee Freedom) Amendment Bill (“the Bill”), a Members’ Bill in the name of Sir Roger Douglas MP, is consistent with the New Zealand Bill of Rights Act 1990 (“Bill of Rights Act”). The Bill was introduced into the House of Representatives on 17 June 2010 and is currently awaiting its first reading. We understand that the next Members’ Day is scheduled for 30 June 2010.

2. The Bill seeks to amend the Education Act 1989 to enable Boards of Trustees to manage their own affairs by having full control over the employment of teachers at their school. The Bill would require the Board of every school to pay the salaries of its teachers out of grants paid to it and empower Boards to negotiate the terms and conditions of teachers’ employment. The Bill would also remove the right for Boards of correspondence schools to be paid an annual grant.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

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 (Board of Trustee Freedom) 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.