The focus of this review was on the criteria and process for the registration and deregistration of private schools under section 35A of the Education Act 1989; the role of ERO in assessing and reviewing schools against those criteria; legislative duties on private schools; and the sanctions available to the Ministry of Education where duties are breached. The Law Commission published an issues paper in November 2008 and a final report in September 2009.
Private Schools and the Law (NZLC IP12, 2008)
The Commission's Issues Paper, Private Schools and the Law (NZLC IP12, 2008) describes the private school sector in New Zealand and sets out the Law Commission’s preliminary views on the appropriate relationship between the state and private schools. The paper describes the law relating to private schools in New Zealand, Australia and the United Kingdom, summarises what the Law Commission considers to be the issues or problems to be addressed in this review, and sets out the Commission’s suggestions and options for the reform of the law relating to private schools in New Zealand. Public feedback is sought on these suggestions and options.
Private Schools and The Law (NZLC R108, 2009)
The Commission's Report, Private Schools and The Law (NZLC R108, 2009) recaps the key issues and principles that have informed the review and then sets out recommendations for the reform of the law relating to private schools in New Zealand. The main areas in which we make recommendations are the registration criteria and process, compliance and enforcement, suspensions and expulsions, distance learning and statutory architecture. The report is accompanied by a possible draft bill.
There is no requirement for the Government to present a formal response to a Commission report where it has accepted the Commission’s recommendations.
Recommendations were implemented in the Education Amendment Act (No 3) 2010.