Rights and responsibilities

Rights and responsibilities

Holidays and leave

Employee entitlements

School employees have individual or collective employment agreements that specify their leave and holiday entitlements. This section outlines minimum requirements under the Holidays Act.

Contact NZSTA or Employment New Zealand if in doubt.

Holidays and leave

Public holidays

The Holidays Act provides employees with an entitlement to 11 public holidays. Public holidays are in addition to annual holidays. This section outlines the law around these holidays.

Holidays and leave

Bereavement leave

First refer to the employee’s employment agreement because they can give additional benefits. Contact NZSTA if in doubt.

Employment agreements – Ministry of Education

Employment relations legislation

The Employment Relations Act 2000 states that parties to an employment relationship are under a duty of good faith.

Good faith applies in all aspects of an employment relationship – including bargaining, consultation, discipline, proposals of changes to employment, redundancy, dismissal and employers’ and employees’ obligations to one another.

Care of children

How should you respond when contacted by a court appointed lawyer for a student?

The principal or deputy principal should be the only ones to liaise with the lawyer for the child in the first instance. 

The consent of the principal is required if a court appointed lawyer wishes to interview a student at school. You are not obliged to give your consent.

Partnering with families and communities

by Joyce L. Epstein and Karen Clark Salinas

This article discusses the difference between a professional learning community and a school learning community, and suggests ways to engage parents to enhance student learning. 

Employment

Employment

Other issues

What should happen when the police wish to interview a student at school?

The Police can take a student into custody immediately and interview them at the Police station. 

However, most requests for access to students are not made under a legal provision requiring the school to cooperate immediately. 

The Police should be able to provide the reasons they have for the request in writing. 

Responding to a request

In general, it is the Board of Trustees' call. In practice, the request is likely to be handled by you, the principal.

• When a request is received call NZSTA for advice. 
• Delay any response until you have taken appropriate advice.
• You may also need to consider if and when parents or caregivers are informed.

NZSTA or a lawyer approved by your school insurer can help assess:

• the validity of the reasons given by the Police
• the risks of releasing any personal information
• the factors you may wish to consider when deciding how you will respond.

Oranga Tamariki can also exercise emergency powers to take a child into care. You should be able to sight official documentation proving this.

Youth Law provides information for students regarding their rights and responsibilities when interacting with the Police.

Youth Law website

Updated: June 2012

Other issues

What fees can be charged for international students?

The Education and Training Act 2020 governs the fees that must be paid to the board, if an international student is enrolled in a state school.

The Minister has the power to exempt international students of a particular kind or description from the payment of fees.

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