Legal Opinions

Simpson Grierson Legal Opinion

The Limited Authority to Teach Policy is quite clear that any individual who is employed in a teaching role, that is:

“a person who has prime responsibility for the planning, implementation, assessment, evaluation and reporting of a sequential programme with a student or a group of students... within a particular school, kura or centre”

must be trained and qualified or have authorisation from the Council.

The question of the employment status of individuals, that is, whether they are to be ‘employees’ or ‘independent contractors’ is the business of the employer and is not a matter for the Council.

Clearly, there are extra-curricular activities that are part of the school culture that enrich the experiences of students.  Extra-curricular activities, such as coaching of a school team, would be seen as options in which students may elect to participate.  However, activities that fall within the formal educational requirements for students would be seen as part of the school curriculum and would require the employment of a registered teacher.  If a teacher was not able to be recruited it would require authorisation via an LAT application for someone to be employed in this role.

The Council is happy to provide advice on specific cases.  Please contact the Manager Registration, Jenny Thomas.

 

Harrison Stone - Legal Opinion

  Implications of Tauranga Boys' College Case for Independent Schools

 

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