Education Act 1908
Education Act 1908
Education Act 1908
Education Act 1908
Public Act |
1908 No 52 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to the Education of the People of New Zealand.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Education Act, 1908.”
Enactments consolidated.
(2.)
This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—
Savings.
(a.)
All districts, Boards, corporations, Committees, associations, societies, institutions, and other bodies, and all offices, appointments, licenses, certificates, regulations, rules, by-laws, Proclamations, Orders in Council, orders, warrants, registers, records, rolls, and instruments, and generally all acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:
Provided that every such corporation and body shall be deemed to be the same corporation and body under this Act, without change of corporate entity or otherwise:
Provided also that in the case of members of any such body elected or appointed, or of licenses granted or of appointments made, for a specified term the current term shall be computed from the date of its commencement.
(b.)
All such members holding office under any such enactment on the coming into operation of this Act shall continue in office until their successors under this Act come into office.
(c.)
All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
(3.)
This Act is divided into Parts, as follows:—
Part I.—Department of Education. (Sections 3 to 7.)
Part II.—Education Boards. (Sections 8 to 66.)
Part III.—Scholarships. (Sections 67 to 85.)
Part IV.—District High Schools and Secondary Schools. (Sections 86 to 103.)
Part V.—School Districts: School Committees and their Duties. (Sections 104 to 141.)
Part VI.—Public Schools, and Management thereof. (Sections 142 to 176.)
Part VII.—Manual and Technical Instruction. (Sections 177 to 195.)
Part VIII.—Public-school Teachers Incorporation and Court of Appeal. (Sections 196 to 222.)
Part IX.—Teachers’ Superannuation. (Sections 223 to 251.)
2 Interpretation.
1904, No. 20, sec. 2 1907, No. 47, sec. 2
In this Act, if not inconsistent with the context,—
“Board” means the Education Board of any district constituted under this Act:
“Committee” means the School Committee elected for a school district:
“Department” means the Department of Education under this Act:
“District” means an education district constituted under this Act:
“Dwellinghouse” means a permanent structure, but does not include a tent or other temporary shelter:
“Former Education Act” means “The Education Act, 1904,”
and its amendments, or any Act thereby repealed, or any Act or Ordinance repealed by such last-mentioned Act:
“Householder,” in relation to the election of members of a School Committee, means—
(a.)
Every adult male or female person who has for the period of three months next before the day of election resided in any dwellinghouse within the school district as owner or tenant thereof; and
(b.)
If not qualified under the last preceding paragraph, includes the father, wherever resident, or, if he is dead or absent from New Zealand, the guardian or other person, wherever resident, who has the actual custody of any child attending any State school situated within such district; and
(c.)
In school districts situated within a mining district under “The Mining Act, 1908,”
means every holder of a miner’s right who for the period of three months next before the day of election has resided in the district and is not an alien:
“Inspector” means any person appointed to be an Inspector of Schools under this Act:
“Minister” means the Minister of Education:
“Outlying district” means a district not included within the jurisdiction of a City or Borough Council, a Road Board, or a Town Board:
“Parent” of a child includes the child’s guardian, and the householder in whose family the child resides:
“Prescribed” means prescribed by this Act or by regulations under this Act:
“Property” means real and personal property of every description:
“Public conveyance” includes any coach or ferry, or other means of public conveyance by which a child may obtain free transit for the purpose of attending school:
“Public notice” or “publicly notified” means that a notice shall be published in some newspaper circulating in the district:
“Public school” means any school established or constituted under Part II of this Act, subject to the control and management of the Board, and includes a district high school:
“Regulations” means regulations made under this Act:
“Resident householder” means a householder resident in the school district:
“School district” means a district under the jurisdiction of a School Committee:
“Schoolhouse” means the school, and includes the schoolmaster’s residence and land attached thereto, also outbuildings, and apparatus and appliances for instruction in gymnastics and physical training:
“Teacher” means the schoolmaster or schoolmistress, or assistant schoolmaster or schoolmistress, or other person engaged in teaching in any public school, except a pupil-teacher.
Part I Department of Education
3 Department of Education.
There is hereby constituted the Department of Education (being the same Department as is constituted under “The Education Act, 1904”
).
4 Minister of Education.
1904, No. 20, sec. 4
(1.)
The Governor may from time to time appoint any Minister of the Crown to be Minister of Education.
(2.)
The Minister shall have the control and direction of the Department and of the officers thereof; and, subject to the provisions hereinafter contained, shall generally administer this Act.
5 Inspector-General, Secretary, and officers of Department.
1905, No. 45, sec. 2
The Governor may from time to time appoint an Inspector-General of Schools, a Secretary to the Department, and such Inspectors of Schools, clerks, and other officers as may be deemed necessary.
6 Expenses of administration to be appropriated by Parliament.
1904, No. 20, sec. 6 1904, No. 45, sec. 2 1905, No. 45, sec. 21
(1.)
Except where otherwise provided by this Act, all moneys required for the administration of this Act by the Department shall be defrayed out of moneys from time to time appropriated by Parliament for the following purposes:—
(a.)
The payment of salaries and other expenses of the Department:
(b.)
The payment to the Board of every district—
(i.)
Of a sum sufficient to pay the salaries of teachers and pupil-teachers in the district in accordance with this Act; and
(ii.)
Of a sum of two hundred and fifty pounds per annum, together with a sum of eleven shillings and threepence per annum for each child in average daily attendance at a public school:
Such average daily attendance shall be computed in manner prescribed by regulations:
(c.)
The establishment and maintenance of normal or training schools, and in grants to Boards for the maintenance of such schools:
(d.)
The erection of schoolhouses:
(e.)
Any other purpose for which such moneys may be applied or appropriated.
(2.)
Subject to any such appropriation, regulations may be made prescribing the times and manner at and in which such moneys shall be paid or applied.
7 Act not to interfere with Industrial Schools Act.
1904, No. 20, sec. 7
Nothing in this Act shall be construed to interfere with or affect “The Industrial Schools Act, 1908,”
or any industrial or reformatory school established or which may be established under any Act.
Part II
Education Boards
Education Districts
8 Education districts.
Ibid, sec. 10 1907, No. 47, sec. 23
(1.)
The divisions of New Zealand described in the Second Schedule hereto are hereby constituted education districts for the purposes of this Act, and shall be called by the names set over each such description.
As to boroughs, &c., on boundaries of districts.
(2.)
Where a borough or town district is intersected by the boundary of an education district now or hereafter constituted, the Governor may by Order in Council direct that such borough or town district shall form part of such education district as he thinks fit.
(3.)
A borough which is not included within the territorial area of any county shall be deemed to be included therein if it adjoins a borough that is so included.
(4.)
Where any doubt arises as to the district in which any borough or town district is comprised, the same shall be determined by the Governor.
(5.)
Where the boundaries of any county comprised in an education district are altered under “The Counties Act, 1908,”
such alteration shall operate with respect to any district constituted under this Act, and shall take effect accordingly.
Redefinition of education districts on constitution of new counties therein.
(6.)
Where the boundaries of any county comprised in an education district are altered by the creation of a new county, then and in any such case, if the new county and the remaining part or parts of the county or counties from which it has been severed—
(a.)
Are all comprised within the same education district, then such new county shall be and be deemed to be, as and from the date of its constitution, included within the district wherein are comprised the county or counties from which it has been severed:
(b.)
Are partly in one district and partly in another or others, then the Governor by Order in Council may redefine any of such last-mentioned districts, and may declare in which of such districts shall be comprised the new county or any part thereof.
9 Division of districts into wards.
1905, No. 45, sec. 3
(1.)
The Board of each district shall from time to time cause the district to be divided into three wards, on the basis of the yearly average attendance for the schools in such district, so that the number of children in yearly average attendance in each ward shall be as nearly as possible the same:
Provided that for this purpose every school with more than four hundred and twenty children in yearly average attendance shall be regarded as having four hundred and twenty children in yearly average attendance.
(2.)
In making such division the Board shall have regard to the natural geographical grouping of the schools; and, in particular, each city, borough, or school district shall be wholly within one ward.
(3.)
The Board shall assign a name to each ward, and not later than the first day of May in each year shall publicly notify the names of the several wards and the schools situate in each ward.
Constitution of Boards
10 Education Boards.
1904, No. 20, sec. 11 1905, No. 45, sec. 3(4)
(1.)
There shall be for every district an Education Board, consisting of nine members, of whom three shall be elected for each ward.
Boards to be elected under this Act. 1904, No. 20, sec. 12
(2.)
The members of the Education Board of each education district shall be elected in manner provided by this Act.
11 Retiring members.
1905, No. 45, sec. 6
(1.)
In every year one of the members for each ward then in office shall retire, but shall be eligible for re-election.
(2.)
The members to retire shall be those who have served longest on the Board without re-election, and where any question arises as to which members shall retire the same shall be decided by the lot of those members who have served longest without re-election.
12 Electors of wards,
Ibid, sec. 4
(1.)
The members for each ward shall be elected by the members of the Committees of the school districts within such ward, and each member of the Committee shall have one vote in respect of each school (other than a side school) in the school district.
Returning Officer. 1904, No. 20, sec. 14
(2.)
For the purpose of every election the Secretary of the Board shall be the Returning Officer.
13 Date of election for ordinary vacancy.
Ibid, sec. 15
(1.)
In the case of every ordinary vacancy the election shall be held on the fourth Monday in July, and the first ordinary election shall be held on the fourth Monday in July next following the coming into operation of this Act.
Election on extraordinary vacancy.
(2.)
In the case of every extraordinary vacancy the election shall be held on a date to be fixed by the Board, being not later than the fiftieth day after the vacancy occurs.
14 Procedure with respect to elections.
1904, No. 20, sec. 16 1905, No. 45, sec. 7(1)
(1.)
Not later than thirty-eight days before the date of the election the Returning Officer shall, by advertisement in a newspaper circulating in the district, notify the number of vacancies, the date on which nominations will close, and the date on which the election will be held.
(2.)
Nominations shall close at five o’clock on the afternoon of the twenty-first day before the date of the election.
(3.)
No person shall be eligible as a candidate for election unless he is nominated in writing by at least two electors, and the nomination-paper, bearing the candidate’s consent in writing, is received by the Returning Officer before the nominations are closed.
15 Duties of Returning Officer.
1904, No. 20, sec. 17 1907, No. 47, sec. 3
(1.)
If the number of duly nominated candidates is less than or equal to the number of persons to be elected, the Returning Officer shall declare that such candidates have been duly elected.
(2.)
If the number of duly nominated candidates exceeds the number of persons to be elected, then not later than the seventeenth day before the date of the election the Returning Officer shall notify in manner aforesaid—
(a.)
The number of members to be elected;
(b.)
The full name of every duly nominated candidate; and
(c.)
The day on which the elections will be held, and hour at which the poll will be closed:
and shall also forward to the Chairman of each School Committee in the district a sufficient supply of voting-papers for the use of such of the electors as are members of that Committee.
16 Mode of voting.
1904, No. 20, sec. 18
The elector shall indicate his vote by drawing a line through the names of all the candidates for whom he does not desire to vote, and shall then sign the voting-paper, and post or deliver the same to the Returning Officer in a closed envelope bearing on the outside thereof the word “Voting-paper.”
17 When voting-paper to be returned.
Ibid, sec. 19
The voting-paper, if delivered to the Returning Officer, shall be delivered at the office of the Board before the day of the election, or not later than five o’clock in the afternoon of the day of the election, and, if posted to him, shall be posted to him not later than on that day.
18 When poll to close.
Ibid, sec. 20
The poll shall close at five o’clock in the afternoon of the day of the election; but all voting-papers shall be included and counted which are received by him in ordinary course of post before the close of the fourteenth day after the day of the election, and are enclosed in envelopes bearing the post-mark of a day not being later than the day of the election.
19 Informal voting-papers.
Ibid, sec. 21
A voting-paper shall be informal in any of the following cases:—
(a.)
If it is not duly signed by the elector:
(b.)
If the candidates whose names are left uncancelled exceed the total number to be elected:
(c.)
If the elector votes more than once at the same election:
(d.)
If, being delivered to the Returning Officer, it is not delivered before the close of the poll:
(e.)
If, being posted to the Returning Officer, it does not reach him before the close of the fourteenth day after the day of the election, or if the envelope containing it does not bear the post-mark of the day of the election or of a previous day.
20 Scrutineers may be appointed.
1904, No. 20, sec. 22
Each candidate may, by writing under his hand, appoint one scrutineer, who may be present at the examination of the voting-papers as hereinafter mentioned.
21 Returning Officer to count votes and declare candidates elected.
Ibid, sec. 23 1905, No. 45, sec. 7(2)
On the fifteenth day after the day of the election the Returning Officer shall open and examine all the voting-papers duly delivered to him, or received by him through the post as aforesaid, and, after rejecting all informal voting-papers, shall ascertain the candidates (not exceeding the total number to be elected) who have received the greatest number of votes in each ward, and shall, by notice exhibited in the office of the Board, declare such candidates to be elected as members of the Board for the several wards.
22 How voting-papers to be dealt with.
1904, No. 20, sec. 24
(1.)
The Returning Officer shall, immediately after counting the votes, seal up all voting-papers, and transmit the whole to the Clerk of the nearest Magistrate’s Court, who shall keep the same for six months thereafter, and shall not open or permit to be opened such packet except on the order of some Court of competent jurisdiction, and shall at the end of six months effectually destroy the same.
(2.)
Every person who, save on the order of any such Court, opens any such packet or destroys any of the contents thereof is liable to a fine not exceeding fifty pounds.
23 How election determined in case of equality of votes.
Ibid, sec. 25
If by reason of an equality of votes given for two or more candidates the election is not complete, the Returning Officer shall complete the election by lot in such manner as the Board directs.
24 Notification of result of election.
Ibid, sec. 26 1905, No. 45, sec. 7(3)
Forthwith after the completion of the election the Returning Officer shall notify in the Gazette, and also by advertisement in a newspaper published in the district, the names of the persons elected for each ward, the number of valid votes recorded for each candidate, the total number of valid votes recorded, and the total number of votes rejected as informal.
25 Declaration of secrecy.
1904, No. 20, sec. 27
(1.)
At every election of a member of an Education Board the Returning Officer and every scrutineer shall, before entering on their respective duties, make and sign the declaration set forth in the Third Schedule hereto.
(2.)
The declaration may be made and signed before a Justice or the Chairman of the Board, or, in the case of a scrutineer, before the Returning Officer.
(3.)
Every such declaration shall be exempt from stamp duty.
Disclosure of certain facts an offence.
(4.)
Every Returning Officer or scrutineer who makes known the state of the poll, or gives or pretends to give any information by which the state of the poll may be known, before the final declaration thereof by the Returning Officer, or who makes known for which candidate any voter has voted, is liable to a fine not exceeding fifty pounds.
26 Magistrate to determine disputed election.
Ibid, sec. 28
If any dispute or question arises touching the regularity of any election, such dispute or question shall be determined by a Magistrate in the manner provided by sections forty-five to fifty-four of “The Local Elections and Polls Act, 1908,”
all the provisions of which shall, mutatis mutandis, apply.
27 Form of nomination and voting papers.
1904, No. 20, sec. 29 1905, No. 45, sec. 7(4)
Nomination-papers and voting-papers for the purposes of the election shall be in the prescribed form.
28 When members to take office.
1904, No. 20, sec. 30 1905, No. 45, sec. 7(5)
The members elected at the ordinary annual election as hereinbefore provided shall hold office until the election of their successors.
29 First elections may be postponed.
1904, No. 20, sec. 32
(1.)
In the case of education or school districts hereafter constituted the Governor may by Order in Council postpone for a period not exceeding two months all or any first elections of Education Boards or School Committees for such districts, and all proceedings incident to any such election postponed as aforesaid shall be respectively postponed for the same period.
(2.)
In case of any such postponement the members of the Board shall take office on such day as may be fixed by the Governor in Council.
30 Conduct of elections for new districts.
Ibid, sec. 33
Where a new education district has been constituted, all the proceedings in and about the first election of a Board for such new district shall be had and taken in the manner hereinbefore provided by the Board of the district of which such new district origin ally formed part, or, if the Governor in Council thinks fit so to order, by any other Board which can more conveniently conduct such election.
31 Where required number of persons not nominated.
Ibid, sec. 34 1905, No. 45, sec. 7(7)
In the event of three persons not being nominated for any ward as herein provided, the Board shall elect such number of duly qualified persons as may be necessary to complete the number of the Board.
32 Qualification for members of Board.
1904, No. 20, sec. 35
Every person, male or female, of the full age of twenty-one years, and not disqualified as mentioned in the next succeeding section, resident in the education district shall be qualified to be a member of the Board.
33 Disqualification of members.
Ibid, sec. 36 1905, No. 45, sec. 9
(1.)
If any member resigns his office by writing under his hand addressed to the Chairman of the Board, or dies, or becomes of unsound mind, or is adjudicated a bankrupt, or executes any deed of composition or arrangement with his creditors, or ceases to reside in the education district, or is absent without leave from the meetings of the Board for three consecutive months, or is convicted of treason, perjury, or any infamous crime, or any crime punishable by death or imprisonment with hard labour for any term of three years or upwards, he shall immediately cease to be a member of the Board.
(2.)
If any member receives any salary from the Board, or accepts or holds any office or employment from or under the Board to which any salary, fees, or emoluments are attached, or is or becomes interested or concerned (except as a member of a registered or incorporated company) in any contract under which any money is to be paid by the Board, he shall immediately thereupon cease to be a member of the Board:
Provided that it shall be lawful for the Board to pay any member residing at a distance from the ordinary place of meeting of the Board reasonable travelling-expenses.
34 Provision for vacancy in Board.
1904, No. 20, sec. 37
(1.)
If the place of any member of the Board becomes vacant for any of the causes aforesaid, such vacancy shall be deemed to be an extraordinary vacancy.
(2.)
The Chairman of the Board shall fix a day on or before which the Committees of the several school districts within the ward concerned shall each transmit the name of a person qualified to fill such vacancy, and shall publicly notify the name so transmitted, and appoint a day on which each Committee shall send in the name of a person so notified and a day on which the election shall be held.
(3.)
All the proceedings in and about such election shall be conducted in the same manner as in the case of ordinary elections.
(4.)
The member then elected shall retain his office so long as the vacating member would have retained the same if no such vacancy had occurred.
35 Acts of Board not to be questioned for informality, &c.
1904, No. 20, sec. 38
No act of the Board shall be questioned on the ground of any informality in the election of a member, nor on the ground that the seat of any member is vacant or that any supposed member thereof is incapable of being a member.
36 Boards incorporated.
Ibid, sec. 39
Each Board shall be a body corporate under the name of “The Education Board of the District of [Naming it],”
and by such name shall have perpetual succession and a common seal, and may take and hold land for the purposes of this Act, and may do and suffer all such acts and things as bodies corporate may do and suffer.
37 Regulations.
Ibid, sec. 40
The Governor in Council may from time to time make such regulations as he thinks fit in order to give full effect to the purposes of this Act with respect to the election of members of Boards.
Property of Boards
38 Property acquired to vest in Boards constituted by this Act.
Ibid, sec. 41
(1.)
All real and personal property immediately before the coming into operation of this Act vested in, belonging to, or under the control of the Education Board of any then existing education district for educational purposes shall, on the coming into operation of this Act, be vested in the Education Board of such district constituted under this Act, to be held by it for the purposes of this Act within such district.
Provision in respect of new districts.
(2.)
Where a new district is constituted under this Act, all such property within or held in trust for educational purposes for such new district which was formerly vested in the Board of the original district shall vest in the Board of the new district.
(3.)
Nothing in this section shall extend or apply to reserves for educational purposes which by or under any law or authority have been set apart as endowments for educational purposes in any district, but all such endowments shall in any of the cases hereinbefore provided for be dealt with in the manner provided by “The Education Reserves Act, 1908.”
Secretary and Officers of Boards
39 Boards may appoint Secretary and other officers.
Ibid, sec. 42
(1.)
Every Board may from time to time appoint and remove a Secretary and Inspectors and such other officers as may be thought necessary, who shall receive such salary as the Board deems proper.
(2.)
Any person who on the coming into operation of this Act holds office under an Education Board in any then existing education district shall, subject to removal as aforesaid and to any express provision of this Act, continue to hold such office.
40 Duties of Secretary.
1904, No. 20, sec. 43
(1.)
The Secretary of each Board shall attend all meetings of such Board, take minutes of its proceedings, and enter such minutes in a book to be provided for that purpose, and conduct the correspondence of the Board, and take charge of and preserve all letters, papers, and documents relating to the business of the Board, and perform all such duties as may be required by the Board for carrying out the provisions of this Act.
(2.)
He shall also prepare, under direction of the Board, all reports, returns, and information relating to school matters which may be asked for by the Minister.
Meetings of Boards
41 First and other meetings of Board.
Ibid. sec. 44
(1.)
The first meeting of each Board hereafter constituted shall be held at such time and place as the Minister appoints, and in the case of every Board all meetings after the first shall be held at such times and places as the Board by any regulation in that behalf determines:
Provided that at least one meeting shall be held in every month after such first meeting.
(2.)
A quorum of the Board, having duly met, may from time to time adjourn, to meet at such other time and place as they appoint.
42 Quorum of Boards.
Ibid, sec. 45
(1.)
The powers given to Boards by this Act shall be exercised at meetings convened as aforesaid, at which meetings three members shall be a quorum.
Chairman to be elected.
(2.)
Every Board hereafter constituted shall at its first meeting, or as soon thereafter as conveniently may be, elect one of its number to be Chairman.
(3.)
In the case of now existing Boards the Chairman in office on the coming into operation of this Act shall be deemed to have been elected under this Act.
Election of Chairman.
(4.)
At every meeting of the Board at which the Chairman is to be elected the Secretary of the Board shall preside for the purposes of such election, but shall not vote, and in the event of an equality of voting he shall determine the election by lot.
(5.)
On every question before the Board the decision of the majority shall be final and conclusive.
(6.)
The Chairman shall have a deliberative vote, and in case the votes are equal shall also have a casting-vote.
(7.)
No resolution or decision come to at any meeting of a Board shall be revoked or altered at any subsequent meeting of such Board within twelve months from the passing thereof, unless notice of the intention to propose such revocation or alteration has been given at a previous meeting of the Board, and has been made known by the circular convening the meeting, addressed to each member of the Board at his usual or last known place of abode.
(8.)
If the Chairman is absent from any meeting, the members present shall elect one of their number to preside in his stead at such meeting, and such presiding member shall have the same power at such meeting as the Chairman.
(9.)
If the Chairman from any cause ceases to be a member of the Board or resigns the office of Chairman, the Board shall, as soon thereafter as conveniently may be, elect another member of the Board to be Chairman in his stead.
43 Minutes to be kept.
1904, No. 20, sec. 46
Minutes of the proceedings of every Board shall be regularly entered in a book to be kept for that purpose, and at every meeting of the Board the minutes of the preceding meeting shall be read over, and signed by the Chairman of the meeting at which the same are read; and the minutes when so signed shall for all purposes be held to be a true statement and record of the proceedings of the Board.
Powers and Duties of Boards
44 General powers and duties of Boards.
Ibid, sec. 47 1905, No. 45, sec. 8
Subject to the provisions of this Act, the Board of each district—
(a.)
Shall establish and maintain public schools within the district;
(b.)
Shall promote the establishment of school districts within the district, and define the limits thereof, with power to alter such limits as the Board sees fit, and to divide any such school district into two or more school districts or parts of districts, or to combine two or more school districts or parts of such districts into one;
(c.)
Shall appoint and remove Inspectors and other officers and teachers in the manner provided by this Act;
(d.)
May establish scholarships, school libraries, and district high schools;
(e.)
May arrange for the conveyance of children to and from school;
(f.)
Shall raise the moneys required to be raised for the purposes of this Act, and administer the funds granted by the Department, and all other funds which may become the property of the Board; and
(g.)
Generally shall have and exercise all the duties and functions imposed by this. Act.
45 Provision when school districts divided.
1904, No. 20, sec. 48
(1.)
Where a school district is divided into two or more such districts, or two or more such districts or parts of districts are combined into one such district, then every such division of a school district and every such combination shall for the purposes of this Act be deemed a new school district, and the proceedings shall be taken in like manner as hereinafter provided for school districts originally constituted.
(2.)
The formation of any new school district by the division or combination of any existing school district or districts shall take effect on and after the commencement of the school year next following the date on which the formation of such new school district was agreed to by a resolution of the Board.
School year.
(3.)
A “school year”
shall be from the first day of January to the thirty-first day of December, both days inclusive, in each year.
46 Public notice to be given when school district formed.
Ibid, sec. 49
Whenever any new school district is formed by a Board pursuant to the provisions of this Act, the Board shall direct a public notice of the formation of such new district and of the boundaries thereof to be published, and every such school district shall be held to be bounded as described in such notice.
47 Trustees of school may agree to place same under control of Board.
1904, No. 20, sec. 50
(1.)
Any persons having the management and control of any school not established under this Act or any former Education Act may, with the consent of the persons in whom the school buildings, lands, and endowments pertaining thereto are vested, and with the assent of the Governor, agree with the Board of the district in which such school is that the said school shall be subject to the management and control of the Board, and that the said buildings, lands, and endowments shall be vested in such Board instead of such persons as aforesaid.
(2.)
If the Governor assents to such agreement, and a notification of such assent is gazetted, such school buildings, lands, and endowments shall be vested in the Board for or towards the maintenance of such school as a school under this Act, of such character or class as the Governor directs, but under and subject to the provisions of this Act; and the said persons shall thenceforth be freed and discharged from the trust imposed on them as trustees or governors of such school and of the buildings, lands, and endowments pertaining thereto.
Board Fund
48 Board to make annual estimate of moneys required for current year.
Ibid, sec. 51
(1.)
At its first ordinary meeting of the Board in each year the Board shall make an estimate of the amount of money which it has reason to believe will be derived from the following sources:—
(a.)
From moneys payable by Government in respect of the average daily attendance of children as hereinbefore provided:
(b.)
From moneys in any manner whatever received or to be received by the Board.
(2.)
The Board shall regulate its expenditure upon the basis of the estimate so made, and a copy thereof shall be transmitted to the Minister.
49 Provision for deduction from grants-in-aid in certain cases.
Ibid, sec. 52
(1.)
Where the Board of any district is in receipt of rents or other profits derived from lands or other property vested in the School Commissioners under “The Education Reserves Act, 1908,”
an account shall be taken, at such periods as the Minister directs, showing the amount of such rents or other profits; and in computing the proportionate share which such Board would under the provisions of this Act be entitled to receive from the Government, allowance shall be made for such rents and profits, and such share shall be paid subject to a deduction based upon the net amount of such rents or other profits.
(2.)
No such deduction shall be made in respect of moneys received from such special endowments as are mentioned in section sixty-eight hereof.
50 Funds of Boards.
Ibid, sec. 53
All moneys received by or belonging to the Board shall be paid into such bank as the Board from time to time appoints, to an account to be called “The [Name] Education Board Account”
; and no moneys shall be drawn out of the bank except by authority of the Board and by cheque signed by the Treasurer and by such one or more members of the Board as the Board may from time to time authorise to sign cheques.
51 Board Fund, of what to consist.
1904, No. 20, sec. 54
The Board Fund shall consist of the following moneys, that is to say:—
(a.)
Grants from the Consolidated Fund:
(b.)
Rents and profits derived from property or endowments vested in the Board:
(c.)
Special endowments or grants for particular purposes:
(d.)
Special fees for higher education:
(e.)
Any other moneys which the Board may receive from donations, subscriptions, or otherwise.
52 Disposal of Fund.
Ibid, sec. 55
Every Board shall, out of the Board Fund, make such provision from time to time as it thinks fit for the following purposes, namely:—
(a.)
For the payment of salaries and other expenses connected with the carrying-on of the business of such Board;
(b.)
For the expense of purchasing or renting school-sites, playgrounds, and buildings, or of erecting, fitting-up, and improving school buildings;
(c.)
For the payment of teachers’ salaries;
(d.)
For the maintenance and education of pupil-teachers;
(e.)
For grants to Committees for general educational purposes;
(f.)
For subsidising school libraries; and
(g.)
Generally for the payment of all expenses necessarily incurred by such Board, or by any Committee under its supervision, in the carrying-out of any of the provisions of this Act:
Provided that no Board shall be liable for the payment of any expenditure incurred by any Committee or teacher unless such expenditure has been previously sanctioned by such Board.
53 Accounts to be kept.
Ibid, sec. 56
(1.)
The Board shall keep full and true accounts, in which shall be entered every sum received into and paid out of the Board Fund in the order of date of each such receipt and payment, including all moneys received from rents or profits derived from lands or other property vested in the Board or under its control or management.
(2.)
It may be provided by regulations that Boards shall keep general and special accounts in such convenient form as may be thought fit.
Accounts to be audited.
(3.)
All such accounts shall be rendered annually or at such periods as may be prescribed by regulations, and all such accounts shall be audited by the Audit Office as provided by “The Public Revenues Act, 1908.”
(4.)
Copies of all such accounts when audited shall be furnished to the Minister.
Appointment of Teachers
54 Appointment and removal of teachers.
Ibid, sec. 57
(1.)
The Board of each district shall be entitled to appoint teachers for every school under its control, or to remove such teachers from one school to any other school within the district; but no person shall be eligible for appointment who does not produce a certificate of competency from the Minister and such other certificates of fitness as are required by regulations:
Provided that in cases where a certificated teacher cannot be obtained for any school a person not duly certificated may be temporarily appointed until a certificated teacher can be obtained.
(2.)
Certificates of competency will be issued to teachers after examination held in such manner as may be prescribed by regulations.
55 Committee may make recommendations and shall be consulted.
1904, No. 20, sec. 57
(1.)
The Committee may recommend teachers to the Board for appointment, and may also recommend the suspension or dismissal of any such teacher; and no appointment, suspension, or dismissal shall take place until the Committee has been first consulted.
1905, No. 45. sec. 10
(2.)
The Board shall consult the Committee in regard to the appointment of teachers, whether by removal from another school or otherwise, in the manner following:—
(a.)
The Board shall send to the Chairman of the Committee, so as to reach him in the ordinary course of post not later than ten days before the day on which the appointment is to be made—
(i.)
A list containing the names of all those teachers who are applicants for appointment to a vacancy;
(ii.)
A list containing not more than six names (in order) of teachers whom the Board considers best fitted to fill such vacancy, stating the length of service and other qualifications of each such teacher; and
(iii.)
The application and testimonials of each teacher whose name appears on such last-mentioned list:
And the Board shall at the same time notify the Committee on what day it proposes to make the appointment:
Provided that if no applications for appointment have been invited or received it shall be sufficient for the Board to send the list last mentioned.
(b.)
The Committee shall, if the number of names in the last-mentioned list is four or more, select two of the candidates so submitted, and shall in writing notify the Board, not later than three days before the day on which the appointment is to be made, of the selection so made, and the Board shall appoint one of the two teachers whose names have been so selected and submitted.
(c.)
If the number of names in the last-mentioned list is less than four, the Committee shall select one of the candidates for appointment, and shall in writing notify the Board, not later than three days before the day on which the appointment is to be made, of the selection so made, and the Board shall appoint the teacher so selected.
(d.)
If no such notification has been received within the time aforesaid, the Board may proceed to make the appointment.
(3.)
Pending the result of such consultation the Board may (if necessary) appoint a temporary teacher for any period not exceeding three months.
(4.)
Notwithstanding anything in subsection two hereof, the Board may, on the recommendation or with the consent of the Committee, appoint any teacher, although the Committee has not been consulted in the manner prescribed.
56 Teachers of schools in office to continue in same.
1904, No. 20, sec. 58
All teachers of schools at or immediately before the coming into operation of this Act holding office under the provisions of any former Education Act shall, subject to any express provisions of this Act, continue to hold such office as if appointed under this Act.
57 Complement of teaching staff.
1905, No. 45, sec. 11
Notwithstanding anything in this Act, the number of teachers and pupil-teachers in every public school shall be such as is prescribed for the average attendance thereat in the Fourth Schedule hereto.
58 Teachers’ salaries.
Ibid, sec. 11 1907, No. 47, sec. 20
The salaries of the teachers and pupil-teachers in any public school shall be the salaries assigned to such teachers and pupil-teachers in the Fourth Schedule hereto:
Provided that, as regards any school that on the coming into operation of this Act or at the beginning of any year thereafter is placed in grade one or a higher grade, the salary of any teacher shall not be reduced, by reason of a fall in the average attendance, below the salary payable to such teacher in such school unless the average attendance for the two years ending the thirty-first day of December preceding has been such as would reduce the grade of the school by one or more grades; but every teacher hereafter appointed to a school shall on appointment receive the salary assigned to such teacher in accordance with the grade to which the school belongs:
Provided also that a teacher appointed before the first day of January, one thousand nine hundred and six (being the date of the coming into operation of “The Education Act Amendment Act, 1905”
), shall not, so long as he remains in the same position, receive a salary lower than he would have been entitled to under “The Education Act Amendment Act, 1904.”
59 Head teacher’s residence.
1904, No. 20, sec. 61 1904, No. 45, sec. 2
In the case of a school having more than eight children in average daily attendance the Board shall, at its discretion, either provide a residence for the head teacher of the school or pay to him annually the house allowance prescribed in the Fifth Schedule hereto.
60 Rents and house allowances.
1904, No. 20, sec. 62
It shall be lawful for a Board to pay rents of school buildings or house allowances to head teachers as provided by the last preceding section out of any moneys from time to time appropriated by Parliament for that purpose.
61 Duration of appointment of teacher.
Ibid, sec. 63 1905, No. 45, sec. 12
(1.)
No teacher appointed or whose appointment is confirmed under this Act shall be at liberty to relinquish his engagement without giving to the Chairman of the Committee, and also to the Secretary of the Board under which he holds his appointment, at least one month’s notice in writing of his intention to do so; and such engagement shall not be determined by any Board except on giving three months’ notice signed by its Secretary.
Summary dismissal in certain cases.
(2.)
Nothing in this Act shall preclude or prevent the Board or the Committee from suspending, and the Board from peremptorily dismissing, any teacher for immoral conduct or gross misbehaviour.
62 Teacher’s occupation of schoolhouse.
1904, No. 20, sec. 64
The teacher’s occupation of the schoolhouse and land attached thereto, or teacher’s house if one is provided, is hereby declared to be an occupancy by sufferance only.
63 Proceedings against a teacher refusing to give up schoolhouse on demand.
1904, No. 20, sec. 65
(1.)
In case a teacher refuses or neglects to deliver up possession of the schoolhouse and land attached, or of the house, as the case may be, after demand in writing made by or on behalf of the Board, the Magistrate whose Court is nearest to the locality shall, on the application of the Board, issue a warrant to the bailiff of the Court commanding him to enter into the premises and give possession of the same to the Board.
(2.)
Every such warrant may and shall be enforced as a warrant for the recovery of the possession of tenements issued under “The Magistrates’ Courts Act, 1908.”
64 Pupil-teachers may be employed.
Ibid, sec. 66
(1.)
The Board of any district may engage and employ any number of apprentice pupil-teachers, subject to such regulations for the examination, training, employment, and payment of such pupil-teachers as may be made from time to time.
(2.)
This section shall be construed subject to section fifty-seven hereof.
65 Regulations.
Ibid, sec. 67
The Governor in Council may from time to time make such regulations for carrying sections fifty-seven to sixty hereof into effect as he thinks fit.
School Libraries
66 School libraries may be established.
Ibid, sec. 83
(1.)
In the various school districts the Board may from time to time expend in the purchase of books, to be placed in the school library, any sum or sums of money equal to any sum or sums of money which have been raised by public subscription or otherwise within such school district.
(2.)
The Board shall make such provision as may seem fit for the safe custody and care of such books and for the use thereof.
(3.)
The word “book”
in this section shall be deemed to include all works of art, and all scientific apparatus which may be required for the purpose of illustration in lectures, and all specimens of natural history for the formation of museums.
Part III Scholarships
Board and Private Scholarships
67 Boards may establish scholarships.
Ibid, sec. 68
(1.)
The Board may, with the concurrence of the Minister, from time to time, out of funds made specially applicable for the purpose, establish scholarships to be competed for by the pupils attending any public school, and also scholarships open to all children of school age, in such manner and at such times as are fixed by regulations.
1905, No. 45, sec. 13
(2.)
The holder of any such scholarship shall receive the amount of his scholarship only so long as he prosecutes his studies, to the satisfaction of the Board, at a secondary school or its equivalent approved by the Board.
68 Board may receive land or money for foundation of scholarships.
1904, No. 20, sec. 69
(1.)
The Board may receive grants of land or money, to be applied towards founding scholarships or exhibitions, or for other educational purposes in connection with any public school within a district, and such land or money shall be vested in the Boar for the specific purposes declared in the grant.
Who may compete for scholarships. 1904, No. 20, sec. 70
(2.)
Subject to any special trust, every scholarship or exhibition mentioned in this section shall be open to any child on the roll of such school; and in the event of any school for which a scholarship or exhibition is founded being discontinued the Minister may direct that the scholarship or exhibition shall attach to some other public school in the district.
69 Board may make regulations for scholarships.
Ibid, sec. 71
The Board may from time to time make regulations under which scholarships or exhibitions founded by any private individual or society may be competed for and held at any public school within the district.
National Scholarships
70 Interpretation.
Ibid, sec. 72
In sections seventy-one to seventy-seven hereof, if not inconsistent with the context,—
“College” or “university college” means the Auckland University College, the Victoria College, the Canterbury College, or the University of Otago:
“University” means the University of New Zealand:
“University district” means a district as defined by the Second Schedule to “The New Zealand University Act, 1908.”
71 National Scholarships.
Ibid, sec. 73
For the purpose of bringing higher education within the reach of deserving scholars there are hereby established junior and senior scholarships to be called “National Scholarships.”
72 Junior National Scholarships.
Ibid, sec. 74 1905, No. 45, sec. 74 1907, No. 47, sec. 4
With respect to the Junior National Scholarships the following provisions shall apply:—
(a.)
In each education district there shall be offered annually a junior scholarship for each four thousand or part of four thousand children in average yearly attendance.
(b.)
The junior scholarships shall be awarded on the results of an examination in the subjects prescribed for the Sixth Standard of the public-school syllabus. The examination in each education district shall be open to all persons of either sex who, being not over fourteen years of age on the first day of the month in which the examination is held have been under regular instruction at a public school or schools in New Zealand for three years immediately preceding, and under regular instruction in the subjects of the Fifth Standard or a higher standard at a public school in the said education district for the six months immediately preceding, the date of the examination.
(c.)
Every candidate for such examination shall forward with his application a certificate from a teacher of the school he has attended for the six months immediately preceding, in the form prescribed, that he is eligible for and has a reasonable chance of obtaining a scholarship.
(d.)
The examination shall be conducted in such manner as may be arranged between the Minister and the Board.
(e.)
In each education district, if two or more scholarships are offered annually, at least one scholarship shall be awarded to one of the candidates from the schools having not more than forty children in yearly average attendance, if there is a qualified candidate from such schools; and if three or more junior scholarships are offered annually in an education district, then at least one scholarship shall be awarded to one of the candidates from schools having more than forty but not more than two hundred in yearly average attendance, if there is a qualified candidate from such schools.
(f.)
A scholarship shall not be awarded to or be held by any person if the total net profits, income, and emoluments of his parents are equivalent for the year immediately preceding or for any year during the currency of the scholarship to an annual income of over two hundred and fifty pounds per annum; and the Board or the Minister may require the parent of any candidate or scholar to send a confidential statement, on a form provided, of his total net profits, income, and emoluments to the Chairman of the Board, and the Board shall decide whether such candidate or scholar is eligible to hold or to continue to hold a scholarship, and the decision of the Board shall be final.
(g.)
The holder of any junior scholarship shall be required to prosecute his studies diligently, to the satisfaction of the Inspector-General of Schools, at a secondary school or its equivalent approved of by the Board and the Minister.
(h.)
The holder of a junior scholarship shall receive, in addition to the amount of the tuition fees (if any) payable by him at a secondary school or its equivalent the sum of ten pounds per annum.
(i.)
The term of each junior scholarship shall be three years, if the holder so long faithfully fulfils the prescribed conditions:
Provided that, in the case of any junior scholar who passes such examination as may be prescribed, the Board may, with the approval of the Minister, extend the scholarship for such period as the Board thinks fit, save that no junior scholar shall hold any such scholarship after he has attained the age of eighteen years.
(j.)
The junior scholarships shall be payable by quarterly instalments, and upon satisfactory evidence being in the prescribed manner furnished to the Board that the holder has fulfilled the prescribed conditions up to the date of the instalment.
(k.)
A Junior National Scholarship shall not be held by any one who is at the same time the holder of any other scholarship.
73 Senior National Scholarships.
1907, No. 47, sec. 5
With respect to the Senior National Scholarships the following provisions shall apply:—
(a.)
Senior scholarships, not exceeding twenty in number, shall be awarded annually on the result of the junior scholarship examination of the University of New Zealand.
(b.)
Candidates may be persons of either sex who, being resident in New Zealand for the three years immediately preceding the date of the examination, are under nineteen years of age on the first day of December of the year in which the examination is held.
(c.)
No scholarship shall be awarded to a candidate unless he is deemed by the Senate of the University to be entitled to a pass with credit in the examination.
(d.)
The term of a senior scholarship shall be three years, if the holder so long fulfils the prescribed conditions.
(e.)
The holder of a senior scholarship shall receive the sum of twenty pounds per annum, in addition to the amount of the tuition fees (if any) payable by him at the University college to which he belongs.
(f.)
Candidates for these scholarships must forward their applications in the time and manner prescribed by the University for junior scholarship candidates, and shall comply generally with the conditions of application for the junior scholarship examination of the University.
(g.)
No person shall be entitled to hold a scholarship unless within three months after its acquisition he has matriculated as a member of the University, and has entered his name upon the books of the college of the university district to which he belongs, nor unless he produces a certificate from the Chairman of the Professorial Board of such college that he has attended regularly the course of studies and lectures provided by the college, and that he has made progress satisfactory to the Professorial Board thereof:
Provided that if the holder of a senior scholarship is unable to obtain tuition in the subjects required for his university course at such college he may, with the approval of the Minister previously obtained, pursue his studies at another college.
(h.)
A scholarship shall become vacant by failure on the part of the holder to pass each year in at least two subjects of the annual examination of the college upon the books of which he may have entered his name, unless the holder produces proof to the satisfaction of the Chancellor of the University that such failure was occasioned by illness or other sufficient cause.
(i.)
All scholars, unless for any reason specially allowed by the Chancellor, shall, as a condition of holding their scholarship, be required at the end of their second year after matriculation to pass in one section of the examination for the degree of Bachelor of Arts or Bachelor of Laws, or for the ordinary degree of Bachelor of Science.
(j.)
Any scholar may, by permission of the Chancellor, enter upon a course of study in medicine, engineering, mining, agriculture, or veterinary science, or similar branch of applied science; and such scholar shall not be bound by paragraphs (h) and (i) of this section, but shall furnish to the Chancellor, as a condition of receiving the emoluments of his scholarship, sufficient proof that he has advanced in his professional studies and that he has passed regularly the several examinations required of him in his professional course.
(k.)
The senior scholarship shall not be tenable with a junior scholarship of the University, nor with any scholarship the value of which added to that of the Senior National Scholarship exceeds eighty pounds in any year.
74 Regulations as to examinations.
1904, No. 20. sec. 76
The Senate of the University may, with the approval of the Minister, make regulations in regard to the examinations and the tenure of the Senior National Scholarships in accordance with this Act.
75 Where holder of scholarship resides away from home.
Ibid, sec. 77
(1.)
Where the holder of a Junior or Senior National Scholarship is obliged to live away from home in order to prosecute his studies, there shall be paid to him an additional sum of thirty pounds per annum.
Where holder of scholarship has to travel four miles to school. 1907, No. 47, sec. 7
(2.)
Where the holder of a Junior or Senior National Scholarship lives at home, but is obliged to travel more than four miles daily each way to prosecute his studies, there shall be paid to him an additional sum to meet the actual cost of such travelling, but this additional sum shall not exceed ten pounds per annum.
76 Appropriation.
1904, No. 20, sec. 78
The Minister of Finance shall, out of the Consolidated Fund, and without further appropriation than this Act, pay to each Board of Education the amounts payable to Junior National scholars after the end of each quarter, and in like manner to the Senate of the University the amounts payable to Senior National scholars.
77 Regulations.
Ibid. sec. 79
The Governor may from time to time, by Order in Council gazetted, make regulations for the effectual carrying-out of the purposes of sections seventy to seventy-six hereof.
Taranaki Scholarships
78 Interpretation.
1905, No. 38, sec. 2
In sections seventy-nine to eighty-five hereof, if not inconsistent with the context,—
“College” means the Auckland University College, Victoria College, Canterbury College, or the University of Otago:
“District” means the Taranaki Provincial District:
“Reserve” means the lands described in the Sixth Schedule hereto:
“Senate” means the Senate of the University:
“University” means the University of New Zealand.
79 Taranaki Scholarships established.
Ibid, sec. 3 1907, No. 47, sec. 26
For the purpose of bringing higher education within the reach of deserving scholars within the district, there are hereby established scholarships to be called “Taranaki Scholarships,”
and with respect thereto the following provisions shall apply:—
Terms and conditions.
(a.)
One or more scholarships, as the funds will admit, shall be offered annually.
(b.)
The scholarships shall be awarded on the results of the junior scholarship examination of the University, or such other examination as the Senate, with the approval of the Minister, decides; but no scholarship shall be awarded to a candidate unless he obtains credit in the examination.
(c.)
The scholarships shall be open to all candidates who have resided and attended a school within the district for not less than two years (such residence or attendance to have continued to within six months of the date of the examination), who are between the ages of sixteen and nineteen years on the first day of December nearest to the date of the examination, who have not matriculated, and who have not carried on their studies at any college.
(d.)
Not more than one scholarship shall be awarded in any one year to any one school.
(e.)
Each scholarship shall be tenable for three years, and shall be of the annual value of sixty pounds:
Provided that the Senate may, at its discretion, extend the tenure of a scholarship for one year longer in the case of a scholar who has satisfactorily fulfilled the conditions hereinafter prescribed.
(f.)
The scholarship shall be paid by quarterly instalments, and upon satisfactory evidence being in the prescribed manner furnished to the Senate that the holder has fulfilled the proscribed conditions up to the due date of the instalment.
(g.)
No person shall be entitled to hold a scholarship unless within three months after its acquisition he has matriculated as a member of the University, and has entered his name on the books of some college, nor unless he produces a certificate from the Chairman of the Professorial Board of the college to which he belongs that he has attended regularly the course of studies and lectures provided by the college, and has made progress satisfactory to the Professorial Board of his college:
Provided that any scholar may, on giving notice to the Chancellor of the University, pursue his studies at a college other than that at which he originally entered.
(h.)
A scholarship shall become vacant by neglect on the part of the holder to pass each year in at least two subjects of the annual examination of the institution on the books of which he has entered his name, unless he produces proof to the satisfaction of the Chancellor that he was unable, from illness or other sufficient cause, to attend.
(i.)
All scholars, unless for any reason specially excused by the Chancellor, shall, as a condition of holding their scholarship, be required at the end of their second year after matriculation to pass in one section of the examination for the degree of Bachelor of Science.
(j.)
Any scholar may, by permission of the Chancellor, enter upon a course of study in medicine, engineering, mining, agriculture, or veterinary science, or similar branch of applied science; and such scholar shall not be bound by the two last preceding paragraphs of this section, but shall furnish to the Chancellor, as a condition of receiving the emoluments of his scholarship, sufficient proof that he has advanced in his professional studies, and that he has passed regularly the several examinations required of him in his professional course.
(k.)
A scholarship under this section shall not be tenable with any other scholarship.
80 General regulations.
1905, No. 38, sec. 4
The Senate may from time to time, with the approval of the Minister, make regulations for the effectual carrying-out of the objects of the last preceding section.
81 Land endowment.
Ibid, sec. 5
(1.)
The reserve (which by “The Taranaki Scholarships Act, 1905,”
was set apart as an endowment for providing Taranaki Scholarships under that Act, and is vested in the Public Trustee) shall be held by him in trust for that purpose under this Act.
Accumulated rents to be paid to Public Trustee. Ibid, sec. 6
(2.)
The moneys paid to the Public Trustee under the authority of section six of “The Taranaki Scholarships Act, 1905,”
and the moneys subsequently received by him for rents or otherwise in respect of the reserve, shall be held by him in trust for the like purposes, and invested by him on mortgage of freehold lands or other security at the best rate of interest obtainable.
82 Payments to University by Public Trustee.
Ibid, sec. 7
The Public Trustee is hereby directed to pay to the University from time to time, out of the revenue derived from investments and rents derived from the reserve, such sums as may be sufficient to pay the amounts due to the holders of Taranaki Scholarships in each year, together with the reasonable expenses of or connected with the awarding and management of such scholarships.
83 Public Trustee may make regulations as to reserve and moneys.
Ibid, sec. 8
The Public Trustee may from time to time, with the consent of the Minister, make regulations for dealing with moneys invested, for the renewal of leases of the reserve, and the conditions as regards length of tenure, rent, improvements, and securing to the lessees the value of their improvements effected after the passing of “The Taranaki Scholarships Act, 1905.”
84 Statement of receipts and expenditure.
Ibid, sec. 9
(1.)
Within one month after the close of each financial year ending the thirty-first day of March, the Senate shall cause to be prepared and submitted to the Audit Office a statement showing—
(a.)
The moneys received from the Public Trustee, and the moneys expended in the payment of Taranaki Scholarships, and of the expenses of or connected with the awarding and management of such scholarships; and
(b.)
Such other particulars as the Minister from time to time prescribes by regulations under this Act.
Statement to be audited. Ibid, sec. 10
(2.)
Such statement shall be audited by the Audit Office, and shall, together with the certificate of the Audit officer, be forwarded by the Senate to the Minister.
85 General report to Minister.
Ibid, sec. 11
The Senate shall, at the end of each financial year, forward to the Minister a general report as to the number of Taranaki Scholarships held and the progress made by the scholars.
Part IV District High Schools and Secondary School
District High Schools
86 District high schools may be established by Board.
1904, No. 20, sec. 80
Any Board, on receiving an application in writing from the Committee, may, with the sanction of the Minister previously obtained, convert any public school in the district into and establish the same as a district high school under this Act.
87 Course of instruction in high schools.
Ibid, sec. 81
(1.)
Every district high school shall be under the charge of a headmaster, and such number of duly qualified masters and assistants as the Board from time to time considers necessary.
(2.)
All the branches of a liberal education, comprising Latin and Greek classics, French and other modern languages, mathematics, and such other branches of science as the advancement of New Zealand and the increase of the population may from time to time require, may be taught in such school. For such higher education fees shall be paid by the pupils at such rates as are fixed by regulations.
(3.)
In every district high school instruction shall also be given in the ordinary branches of education prescribed by this Act to be given in public schools.
Free places in district high schools. 1907, No. 47, sec. 8
(4.)
Every district high school shall provide free places in accordance with regulations, and no fees, whether under subsection two of this section or otherwise, shall be chargeable to any pupil while holding a free place.
88 Teaching staff at district high schools.
1905, No. 45, sec. 1
With respect to district high schools the following provisions shall apply:—
(a.)
Notwithstanding anything in this Act, the number of teachers and pupil-teachers in the primary department of a district high school shall be the same, and at all times and in all respects as strong, as in a public school with the same average attendance as such primary department; and the head teacher shall devote the greater part of his time and attention to the supervision and instruction of the classes in such primary department.
(b.)
The salaries of the head teacher and the other teachers of the primary department shall be the same as those assigned to the corresponding teachers in a public school having the same average attendance as the primary and secondary departments taken together, except that the Board shall pay to the head teacher the additional amount set down in Part VI of the Fourth Schedule hereto.
(c.)
The number of teachers in the secondary department of a district high school (exclusive of the teachers in the primary department) shall be such as are prescribed in Part VI of the said Schedule.
(d.)
The salaries of the teachers in the secondary department of a district high school shall be the salaries assigned to such teachers in Part VI of the said Schedule.
(e.)
The salary of any teacher in a district high school shall not in consequence of this section be reduced below the average salary paid to him during the twelve months preceding the first day of July, one thousand nine hundred and five, so long as he remains in the same position.
(f.)
For the purposes of this section “primary department”
means the classes up to and including Standard VI; and “secondary department”
means the classes of Standard VII—namely, the classes containing the pupils, who are receiving instruction in such secondary, technical, or higher subjects as are prescribed.
(g.)
The provisions of this section relating to the secondary department of a district high school shall be construed subject to the provisoes contained in section fifty-eight hereof.
Secondary Schools
89 Interpretation.
1904, No. 20, sec. 84
In sections ninety to one hundred and three hereof, if not inconsistent with the context,—
“District high school” means a district high school established in accordance with section eighty-six hereof:
“Endowed secondary school” means any secondary school named in the Eighth Schedule hereto:
“Endowments” means endowments derived from a grant or grants from the public revenue, or from a grant or grants of land made at any time by the Governor or otherwise:
“Free place” means tuition given without payment of fees to one pupil in accordance with regulations made under section one hundred and three hereof:
“Net annual income derived from endowments” means the average during the three years ending the thirty-first day of December preceding of the total annual income derived from endowments, from the School Commissioners, from all investments of moneys derived from endowments (including mortgages and bank deposits) available for the general purposes of the secondary schools, less expenditure upon such endowments and investments, and less expenditure upon buildings and the maintenance and repairs of buildings, and less mortgage and bank charges in respect of lands and buildings:
“Secondary school” means an endowed secondary school or a high school established under section ninety-four hereof.
90 Pupils to have passed the Fifth Standard.
Ibid, sec. 85
No pupil shall, after the passing of this Act, be admitted to a secondary school until he has obtained a certificate of competency in the subjects of Standard V or a higher standard of the public-school syllabus:
Provided that pupils that have not obtained such certificates may be admitted to a lower department of such secondary school if they are taught in a separate building or class-room, and if it can be shown to the satisfaction of the Minister that no part of the actual cost of their instruction is met out of the endowments of the secondary school.
91 Provision for free places to be made in endowed secondary schools.
1904, No. 20, sec. 86 1907, No. 47, sec. 9
(1.)
Every endowed secondary school shall, after the passing of this Act, unless it provides free places in accordance with section ninety-three hereof, offer scholarships of a total annual value equal to one-fifth of the net annual income derived from endowments, or such greater amount as the governing body from time to time determines.
(2.)
The values of the several scholarships and the conditions under which they are offered shall be approved by the Minister.
92 Where no secondary school maintained.
1904, No. 20, sec. 86
Where no secondary school is maintained by the governing body of an endowed secondary school, the income of such endowed secondary school shall, if the Minister thinks fit, be devoted in whole or in part to the maintenance of another school in the locality, either a high school under section ninety-four hereof or a district high school, as the Minister directs.
93 Grants to be given for free places.
Ibid, sec. 87
To every secondary school that provides free places in accordance with regulations annual grants shall be paid according to the scale set out in the Seventh Schedule hereto.
94 High schools may be established.
Ibid, sec. 88
(1.)
The Minister may, on the application of the Board, establish a high school in any place where there are not less than sixty pupils who have obtained certificates of proficiency under the regulations of the public-school syllabus, and whose parents have expressed in writing their intention of enrolling them at such high school:
Provided that no such high school shall be established in any place where there is a district high school or a secondary school giving free places as referred to in section ninety-three hereof, unless there are at least thirty thousand inhabitants within five miles of such district high school or secondary school.
(2.)
Every high school established under this section shall give free education to those qualified under the regulations referred to in section ninety-three hereof.
95 Board of Governors.
Ibid, sec. 89 1904, No. 45, sec. 3
(1.)
Every high school established under the last preceding section shall be controlled, in accordance with a scheme approved by the Minister, by nine governors, of whom a group of three shall be appointed by the Governor, a group of three by the Board, and a group of three shall be elected, in the manner prescribed by such scheme, by the parents of the pupils.
(2.)
Such governors shall be a body corporate, and shall have power to hold lands, may sue and be sued, and may do and suffer all such acts and things as corporate bodies may do and suffer.
(3.)
Such governors shall hold office for three years, or until the appointment or election of their successors.
(4.)
One out of each group of governors shall retire at the end of each year.
(5.)
Every such scheme shall provide for the election and retirement of the governors, for the management of the property of the school, shall define its curriculum and the respective powers of the governing body and the headmaster, shall prescribe the fees to be charged to such pupils as are not holders of scholarships or free places, and shall state the provision (if any) made for pupils living away from home and the provision made for the periodic examination of the pupils.
96 Scheme to be formulated and approved.
1904, No. 20, sec. 90
(1.)
Every endowed secondary school that did not comply with the provisions of section nine of “The Secondary Schools Act, 1903,”
or with the corresponding provisions of “The Education Act, 1904,”
whilst those Acts were respectively in force, shall, within three months after receipt of a notice from the Minister so to do, forward to the Minister a copy of the scheme or regulations defining its curriculum and the respective powers of the governing body and the headmaster, and stating the provision (if any) made for pupils living away from home, and the provision made for the periodic examination of the pupils of such school.
(2.)
If the scheme so forwarded, or if any scheme forwarded under the said section nine or the corresponding provisions as aforesaid, is not approved by the Minister, or if the governing body fails to comply with such notice, the Minister may refer the matter to a Commission consisting of the Chancellor of the University of New Zealand, the Inspector-General of Schools, and a person appointed in that behalf by the governing body; and such Commission shall thereupon draw up a scheme, which, when placed before the Minister, shall be the scheme for the management of such school.
97 Inspection of secondary and high schools.
1904, No. 20, sec. 91
(1.)
Every secondary school and district high school shall be open at all times to inspection by the Inspector-General of Schools, or by any other person directed by the Minister to inspect such school.
(2.)
Such inspection may include examination of the pupils in the subjects of instruction taught in such school.
98 Secondary-school reports.
1907, No. 47, sec. 10
Every secondary school shall, on or before the first day of April in every year, forward to the Minister a report for the previous year, containing—
(a.)
A full account of the income and expenditure for the year ending the thirty-first day of December preceding;
(b.)
A return of all scholarships and free places held at the school;
(c.)
A statement of the net annual income derived from endowments; and
(d.)
Such information as to the staff, pupils, curriculum, and buildings of the school, and other matters relating to the school, as the Minister directs.
99 Building grants.
1904, No. 20, sec. 93
The Minister may from time to time, out of moneys appropriated by Parliament for the purpose, make grants in aid of the erection, acquisition, or equipment of buildings for secondary schools.
100 Subsidies.
Ibid, sec. 94
In respect of all voluntary contributions received by any Board on account of any district high school, or by the governing body of any secondary school, and available for the general purposes of any such school, there shall be payable out of the Consolidated Fund, without further appropriation than this Act, subsidies as follows:—
(a.)
For every one pound bequeathed, a subsidy of ten shillings:
Provided that in no case shall the subsidy in respect of any one bequest exceed five hundred pounds:
(b.)
For every one pound of voluntary contributions (other than bequests) from any person not being a Board, School Commissioners, or the governing body of an endowed secondary school, a subsidy of one pound.
101 Certain schools may bo disestablished.
Ibid. sec. 95 1907, No. 47, sec. 11
Notwithstanding anything in this Act, the Minister may, if he sees fit,—
(a.)
Disestablish any district high school in which there are less than twelve pupils holding certificates of proficiency, and may also, on the request of the Board, disestablish any district high school with a view to establish a high school under section ninety-four hereof:
(b.)
Disestablish any high school established under section ninety-four hereof in which there are less than forty pupils holding certificates of proficiency:
(c.)
Disestablish any high school established as aforesaid or any district high school if there is in the same district an endowed secondary school giving free places as provided in section ninety-three hereof.
102 Property of disestablished schools.
1904, No. 20, sec. 96
Where any high school is disestablished as aforesaid, the property belonging to it shall vest in the Board for the purposes of a district high school, and the income arising therefrom shall be applied to the maintenance of such district high school:
Provided that if there is no district high school in the locality, such property and the income therefrom shall be applied to such purposes of secondary education as the Minister directs.
103 Regulations.
Ibid, sec. 97
The Governor may from time to time, by Order in Council gazetted, make regulations—
(a.)
Regarding the annual grants payable under section ninety-three hereof; and
(b.)
Generally for effectually carrying out the purposes of sections ninety to one hundred and two hereof.
Part V School Districts: School Committees and their Duties
School Districts
104 School districts.
Ibid, sec. 102
(1.)
All school districts constituted under any former Education Act, and subsisting on the coming into operation of this Act, shall be deemed to have been constituted under this Act until altered as by this Act provided.
School Committees. Ibid, sec. 98
(2.)
For every school district constituted under this Act there shall be a School Committee consisting of not less than five nor more than nine householders resident within the school district, to be elected as hereinafter provided.
105 Disqualification for membership of Committee.
Ibid, sec. 99
No bankrupt who has not obtained his final order of discharge, no person attainted of treason or convicted of perjury or any infamous crime, or any crime punishable by death or imprisonment with hard labour for any term of three years or upwards, no person of unsound mind, and no person not qualified as herein required shall be capable of being or continuing a member of any Committee.
106 Provision for constitution of new school districts.
Ibid, sec. 100
Upon the memorial of not less than ten householders of any locality praying for the erection of such locality into a separate school district, or upon the report of an Inspector, or otherwise at its own discretion for any reason that may seem to it sufficient, the Board of the district may call by advertisement a public meeting of the householders in such locality for the purpose of electing a Committee.
107 Meeting of householders.
1904, No.20.sec. 101
It shall be the duty of such meeting to appoint a Chairman and elect a Committee in manner hereinafter provided, and the meeting shall likewise consider the boundaries of the proposed school district, and report the same to the Board, which may at its discretion fix the boundaries of the school district, whether those recommended by the meeting or otherwise, and cause the same to be publicly notified.
Election of School Committees
108 Qualification of electors.
Ibid, sec. 103
Every householder of a school district is qualified to vote at any election of members of the School Committee for such district:
Provided that in the case of husband and wife any qualification possessed by either of them shall be deemed to be possessed by each of them.
109 Qualification of members.
Ibid, sec. 104
(1.)
Every resident householder in a school district, and no other person, is qualified to be elected a member of the School Committee for such district, excepting as follows:—
Disqualification.
(2.)
No householder who is a paid servant of the Education Department or of any Education Board or School Committee shall be eligible to be elected as a member of any School Committee.
110 Annual election of School Committees.
Ibid, sec. 105
(1.)
On or before the first Monday in April in each year the Board shall publicly notify that a meeting of householders in each school district will be held on the fourth Monday in that month for the purpose of electing not less than five nor more than nine resident householders to form the Committee for such district, the hour and place for such meeting to be fixed by the Board.
(2.)
Where the average attendance of any school or schools under the Committee of a school district has not for the last preceding school year exceeded twenty-five children, the Board shall call on the electors to nominate and elect a Committee of five members; where the average attendance has exceeded twenty-five and has not exceeded two hundred, the Board shall call for the nomination and election of a Committee of seven members; and where the average attendance has exceeded two hundred, the Board shall call for the nomination and election of a Committee of nine members.
(3.)
The quorum of such Committee respectively shall be as follows—that is to say, three for a Committee of five, four for a Committee of seven, and five for a Committee of nine; and no business shall be transacted at any meeting unless there is a quorum present thereat.
111 Board to call for nominations.
Ibid, sec. 106
(1.)
In the notice appointing the time and place for holding the annual meeting of householders the Board shall call upon the householders in each district to send in writing, by post or delivery, so as to be delivered to the respective Chairmen of the several School Committees not later than eight o’clock in the evening of the third Monday in April, the names of persons, being resident householders, nominated by them for election to serve upon the Committee for the year next ensuing.
(2.)
Each nomination shall be signed by the proposer and by the candidate, and shall be in the form set forth in the Ninth Schedule hereto or to the effect thereof.
112 List of nominations.
1904, No. 20, sec. 107
The Chairman of every Committee shall cause a list of all candidates so nominated to be displayed upon the outer door of every schoolhouse within the school district under the control of such Committee, on the day next after the third Monday in April, or as soon thereafter as may be.
113 Proceedings at meeting.
Ibid, sec. 108
(1.)
At each annual meeting a Chairman shall be chosen, and the Committee shall give a full report of its proceedings for the year ending on the thirty-first day of March preceding such annual meeting, and the householders present shall proceed to elect a new Committee for the current year, as hereinafter provided, and may re-elect any of the persons going out of office, if duly qualified and nominated, to be members of such new Committee:
Provided that at any time previous to the ballot being taken any candidate nominated may withdraw from the election either by verbal intimation to the Chairman or by notice in writing signed by the candidate and witnessed by a householder, and delivered to such Chairman; in either of which cases he shall be deemed in future proceedings at such meeting not to have been nominated.
(2.)
At every annual meeting the Chairman shall have a deliberative vote and a casting-vote.
114 Proceedings at elections.
Ibid, sec. 109
(1.)
Notwithstanding anything in section one hundred and eleven hereof, any householder present at the annual meeting may at such meeting nominate for election to serve on the Committee any resident householder; and a resident householder nominated at the meeting, and by word of mouth or by writing given to the Chairman consenting to be so nominated, shall be a candidate for election. The Chairman of the meeting shall afford opportunity for nomination as allowed by this section, and shall then read or cause to be read a complete list of the persons nominated for election. The meeting shall then proceed to elect the required number of persons to serve on the Committee.
(2.)
If the number of duly nominated candidates is equal to the number of persons to be elected, the Chairman shall declare that such candidates have been duly elected.
(3.)
If the number of duly nominated candidates is in excess of the number of persons to be elected, a ballot shall be taken, and up to the required number those candidates shall be declared duly elected for whom a preference has been proved by the number of the votes respectively recorded in their favour.
(4.)
If the number of candidates duly nominated is less than the number required to be elected, the candidates duly nominated shall be declared duly elected; and the Board shall appoint such resident householders as it deems fit to make up the number of members of the Committee to the number required, and every member appointed in accordance with this provision shall be deemed to have been duly elected.
115 Ballot-box to be provided by Committee.
Ibid, sec. 110
In every school district in which there are more than one hundred children in the school under the care of the Committee it shall be the duty of the Committee to provide a ballot-box, which shall be locked, and shall be placed in the schoolhouse or place of election in some accessible position on the day appointed for holding the election; and immediately before the taking of any ballot the Chairman of such meeting shall unlock the ballot-box and show that it is empty, and then shall lock it again, and shall not remove it from its place until the election is concluded.
116 Conduct of ballot.
1904, No. 20, sec. 111
(1.)
If a ballot is required to be had, every householder present at the meeting who wishes to vote shall apply to the Chairman for a voting-paper, who, if satisfied that he is duly qualified to vote, shall give him a voting-paper, upon which he shall, without leaving the room or place of election, write the name or names of the candidate or candidates for whom he desires to vote, and, folding the paper so that its contents cannot be seen, shall return the same to the Chairman, or in the presence of the Chairman put the same into the ballot-box; or, if the meeting so desires, the voting-papers used may contain the names of all duly nominated candidates, from which the elector shall, without leaving the room, strike out any names he pleases, but so as not to leave more names on the paper than the number of committee-men to be elected.
(2.)
So soon as all the householders present who desire to vote have recorded their votes, the Chairman shall declare the ballot closed, and hand the ballot-papers to the scrutineers, if such are appointed by the meeting; or, if no scrutineers are appointed, shall himself open the ballot-papers, and, counting the votes given for each candidate, shall ascertain and declare the result of the election.
117 Voting at elections.
Ibid, sec. 112
At every election for a School Committee—
(a.)
No person shall be entitled to vote in respect of more qualifications than one, although he possess them:
(b.)
Every elector may vote for any number of candidates at an election not exceeding the number of members of the Committee then to be elected, but no elector may give for any one candidate more than one vote:
Casting-vote.
(c.)
Where any two or more candidates have received the same number of votes, and as often as this may happen, at any election, the Chairman shall give a casting vote or votes, as the case may be.
118 Disputes as to validity of elections to be settled by Board of district.
Ibid, sec. 113
(1.)
If any dispute arises respecting the validity of the proceedings at the annual or other election of any member of any Committee, the matter in dispute shall be submitted to the judgment of the Board of the district, whose decision thereon shall be final and conclusive.
(2.)
In any case when a representation has been made to the Board that the proceedings at any election meeting have not been strictly formal or legal, the Board need not call for another election if in its opinion the informality was not wilful and did not really affect the result of the election.
119 Provision in case of failure to elect on day of annual meeting.
Ibid, sec. 114
If in any case the householders in any school district, from any cause whatever, fail to elect a Committee upon the annual day of meeting as hereinbefore provided, the Board, if it thinks fit, may fix another time for the nominations and election respectively of a Committee for such school district; and the like notices of such meeting, with all necessary changes of dates for the several matters incident to the election, shall be given, and the like proceedings taken thereat, as are prescribed by this Act for an annual election.
120 In case of failure to elect at second meeting, Board may appoint Commissioner.
1904, No. 20, sec.115
If after such last-mentioned meeting the householders neglect or refuse to elect a Committee, the Board may appoint one or two Commissioners, who shall hold office until the next annual meeting, and shall have all the powers and shall perform all the duties by law assigned to a School Committee.
121 Duration of office.
Ibid, sec. 116
Every Committee elected as aforesaid shall hold office until the appointment of a new Committee, or a Commissioner or Commissioners; and if any vacancy occurs by death or otherwise in any Committee, the remaining members of the Committee, being not less than a quorum, shall elect a qualified person to fill such vacancy.
122 Forfeiture of seat.
Ibid, sec. 117
If a member of a School Committee is absent without leave of the Committee during three consecutive months from all meetings of the Committee, except from illness or other cause to be approved by the Committee, or if a member ceases to reside in the school district, he shall cease to be a member of the Committee, and his office shall thereupon be vacant.
123 Special elections.
Ibid, sec. 118
If by any means the number of members of a School Committee is reduced to less than the number required for a quorum, or if a majority of the members of any Committee send in their resignations to the Board, the Board may direct an election to be held to fill up the vacancies; and the proceedings in connection with any such election shall be the same as in the case of an annual election.
Meetings of School Committees
124 First meeting of School Committee.
Ibid, sec. 119
(1.)
The Committee of each school district shall hold its first meeting after election at some time and place to be from time to time appointed by the Board.
Election of Chairman.
(2.)
At its first meeting, or as soon thereafter as conveniently may be, the Committee shall elect, by a majority of the votes of the members present thereat, one of its members to be Chairman until the next election of the Committee.
(3.)
Such Chairman shall preside at all meetings of the Committee at which he is present, and if he ceases to be a member of the Committee he shall cease to be such Chairman.
(4.)
If the Chairman dies, or by writing under his hand delivered to the Committee at any meeting thereof resigns his office, or ceases to be a member of the Committee, the members present at the meeting next after the occurrence of such vacancy, or at any meeting before a Chairman has been chosen, shall elect some one of its number to be Chairman, and the Chairman so elected shall continue in office for the remainder of the year.
(5.)
If at any meeting of the Committee the Chairman is not present, one of the members present shall be elected Chairman of such meeting by the majority of the votes of the members present thereat.
125 Meetings, how convened.
Ibid, sec. 120
The proceedings of every Committee shall be transacted at meetings to be convened at the request of two or more of the members or by order of the Chairman thereof.
126 Chairman to have casting-vote.
Ibid, sec. 120
The Chairman shall have a deliberative and also a casting vote at every such meeting, and the decision of the majority shall be final and conclusive.
127 Clerk and treasurer may be appointed.
1904, No. 20, sec. 121
(1.)
Every Committee shall be at liberty to appoint one of its own members or other qualified person to be its clerk and treasurer, who shall convene all meetings of the Committee by causing at least three days’ previous notice to be given to each member thereof, and shall attend such meetings of the Committee, and take minutes of the proceedings, and do whatever may be required of him in the execution of this Act.
Not to receive remuneration in certain cases.
(2.)
But no clerk and treasurer shall receive any remuneration for his services if he is a member of the Committee.
128 Minutes of meetings, &c.
Ibid, sec. 122
At every meeting of a School Committee the same proceedings shall be taken with regard to the minutes of such meeting as are prescribed by section forty-three hereof with regard to the minutes of meetings of Boards.
129 Notice of certain business to be given.
Ibid, sec. 122
No recommendation to the Board concerning the appointment, suspension, or dismissal of a teacher shall be considered unless notice in writing to the effect that such business is proposed to be transacted has been addressed to every member of the Committee three days at least before the meeting at his usual or last known place of abode.
130 Committee failing to meet to cease to exist.
1905, No. 45, sec. 18
If at any time the Committee fails from any cause for a period of three months to hold a meeting it shall cease to exist, and the Board shall proceed as in the case of the failure of the householders to elect a Committee, and the provisions of sections one hundred and nineteen and one hundred and twenty hereof shall, mutatis mutandis, apply.
131 Appearance in legal proceedings.
1904, No. 20, sec. 123
A Committee may appear in all legal proceedings by its clerk, or Chairman, or solicitor.
Powers and Duties of School Committees
132 Committee may establish public schools.
Ibid, sec. 124
(1.)
In every school district the Committee may, with the express sanction previously obtained of the Board, establish one or more public schools.
Committee to have management of educational matters in school district.
(2.)
Subject to the general supervision and control of the Board, and to inspection by an Inspector, as herein provided, the Committee shall have the management of educational matters within the school district.
133 Committee may provide schoolhouses, &c.
Ibid, sec. 125
(1.)
With the express sanction of the Board previously obtained, the Committee may provide, by building or otherwise, schoolhouses in its school district, and may improve, enlarge, and fit up the same and supply school apparatus and everything necessary for the efficiency thereof.
(2.)
Such proportion of the cost thereby incurred as may be prescribed by the Board shall be defrayed by the Committee out of the School Fund, and the remainder (if any) of such cost shall be defrayed by the Board out of any moneys at its disposal.
134 May appoint teachers of sewing.
Ibid, sec. 126
The Committee may from time to time, with the approval of the Board, appoint teachers of sewing for any school under its control.
135 Board may acquire sites for schoolhouses, &c.
Ibid, sec. 127
On the application of the Committee, the Board may select, purchase, lease, or acquire suitable sites for schoolhouses; and the Board, if it so thinks fit, may require that the whole or any portion of the cost thereby incurred shall be defrayed by the Committee out of the School Fund.
136 Savings-banks may be established.
1904, No. 20, sec. 128
With the approval of the Board, the Committee may from time to time establish savings-banks for the use of children attending the school.
Good-attendance Certificates
137 Certificates of attendance obtainable.
Ibid, sec. 129
(1.)
At every public school certificates shall be obtainable, to be called “good-attendance certificates,”
and such certificates shall be of two classes:—
(a.)
For any child of school age attending a public school in the district who for a period of twelve months has been present every time the school was open, both in the morning and afternoon:
(b.)
For any such child who for a like period has not been absent from such school more than five times in all.
(2.)
Such certificates shall be obtainable by all children of school age attending a public school, and shall be signed and issued by the Chairman of the Committee, or in such other mode as the Committee directs.
(3.)
Any child attending a public school who has been absent from such school by reason only of the observance of any fast or other day set apart for strict religious observance by the religious body of which such child is a member shall, notwithstanding such absence, be deemed to have been present as above provided. But in each such case satisfactory evidence shall be given by the parent or guardian of such child that such child was absent only for the cause above mentioned, and that every day of such absence was set apart for strict observance by such religious body.
School Fund
138 Of what School Fund to consist.
Ibid, sec. 130
The School Fund shall consist of—
(a.)
Moneys granted out of the Board Fund:
(b.)
Donations, subscriptions, and all other moneys which may be granted to the Committee for the purposes of this Act.
139 Application of section 50 to School Fund.
Ibid, sec. 131
The provisions of section fifty hereof shall apply to the School Fund and to the moneys in the hands of the Committee, and, mutatis mutandis, shall be applied accordingly.
140 Funds may be operated on through the Post-Office Savings-Bank.
Ibid, sec. 132
(1.)
Notwithstanding anything in the last preceding section, the Committee may lodge the School Fund in the Post-Office Savings-Bank; and no moneys shall be drawn out of such savings-bank except by authority of the Committee contained in a written order signed by the Chairman and one other member of the Committee, such written order to be presented to the Postmaster on withdrawal of any moneys.
Regulations.
(2.)
The Governor may from time to time, by Order in Council gazetted, make regulations for carrying the provisions of this section into effect.
141 Audit of Committee’s accounts.
Ibid, sec. 133
(1.)
The accounts of the treasurer of the Committee shall be rendered and audited as prescribed by regulations, and all moneys in hand (if any) shall be paid over by the Committee to its successors.
Copy to be sent to the Board.
(2.)
A copy of such accounts shall be forwarded to the Board as soon as conveniently may be after the same have been audited, together with the Auditor’s report thereon.
Part VI Public Schools, and Management thereof
Course of Instruction in Public Schools
142 Children above school age not to be admitted.
1904, No. 20, sec. 134
(1.)
No child above school age shall be admitted at any public school without the special leave of the Committee, unless such school is a district high school.
(2.)
“School age” means any age between the years of five and fifteen, reckoned in each case from the last preceding birthday.
143 Public schools to be conducted in accordance with regulations.
Ibid, sec. 135
Every public school shall be conducted in accordance with the following regulations (a copy of which shall be conspicuously put up in the school), namely:—
Course of instruction in public schools.
(a.)
The subjects of instruction shall be as follows:—
Reading;
Writing;
Arithmetic;
English grammar and composition;
Geography;
History;
Elementary science and drawing;
Object-lessons;
Vocal music;
And (in the case of girls) sewing and needlework, and the principles of domestic economy.
But no child shall be compelled to be present at the teaching of history whose parents or guardians object thereto.
(b.)
The school shall be kept open five days in each week for at least four hours, two of which in the forenoon and two in the afternoon shall be consecutive, and the teaching shall be entirely of a secular character.
(c.)
The school buildings may be used on days and at hours other than those used for public-school purposes, upon such terms as the Committee may from time to time prescribe.
(d.)
The class-books used in the school shall be such only as are approved by the Governor in Council.
(e.)
The school shall be open at all times to the visits of an Inspector.
(f.)
No fees shall be payable at any public school except as hereinbefore provided in the case of district high schools.
144 Military drill. Playgrounds.
Ibid, sec. 136
In public schools provision shall be made for the instruction in military drill of all boys, and whenever practicable there shall be attached to each school a playground of at least a quarter of an acre.
145 Physical drill to be taught in public schools.
Ibid, sec. 137
(1.)
It shall be the duty of the Board in each district to cause physical drill to be taught to all boys and girls over the age of eight years attending the public schools in the district.
Education Board to make regulations.
(2.)
The Board of each district shall from time to time, with the approval of the Minister, make orders for fixing the times which shall be appointed and set apart for instructing boys and girls of the required age in physical drill, and the mode in which such instruction shall be given.
Annual report to Minister.
(3.)
Every Board shall include in its annual report to the Minister a report of the manner in which the requirements of this section have been carried out.
Children attending Native schools to be taught physical drill.
(4.)
Out of the vote provided for Native schools the Minister shall make provision for the teaching of physical drill to all children over the age of eight years attending such schools.
Exemptions.
(5.)
Upon the principal teacher of any school being satisfied that any boy or girl is unfit to undergo physical drill, such boy or girl shall be exempted from being instructed in such drill.
146 Expulsion of children in certain cases.
1904, No. 20, sec. 139
(1.)
It shall be lawful for the teacher of any school to expel or forbid the attendance of any child for want of cleanliness, or who may be likely to communicate any contagious disease, or who from gross misconduct or incorrigible disobedience may be considered an injurious or dangerous example to the other scholars.
(2.)
The parent or guardian of any child so expelled, or whose attendance has been forbidden, shall have a right of appeal, first to the Committee, and finally to the Board.
Evening Schools and Aided Schools
147 Evening schools.
Ibid, sec. 138
Every male teacher having principal charge of a public school may open an evening school for pupils above thirteen years of age; and at such evening schools the teacher may charge a fee for the instruction of such pupils, subject to the approval of the Committee.
148 Itinerant teachers may be appointed.
Ibid, sec. 140
(1.)
In outlying districts or parts of the country where from the scattered state of the population it is not practicable to establish a public school, the Board may appoint itinerant teachers under regulations to be made for that purpose.
Aided schools.
(2.)
The Board may also, on the recommendation of the Inspector, in such outlying districts wherein it would be premature or inconvenient to constitute school districts, assist schools started by private enterprise, in books, school apparatus, or money, as the Board thinks expedient:
Provided always that the schools so aided shall comply with the provisions of section one hundred and forty-three hereof.
Compulsory Education: Exemptions
149 Every child between seven and fourteen to attend school.
Ibid. sec. 141
(1.)
Subject to the provisions of this Act, every child between the age of seven years and the age of fourteen years is hereby required to attend some public school not less than four times in any week that the school is open six times, six times in any week that the school is open eight times, and eight times in any week that the school is open ten times, morning and afternoon attendances being separately counted.
(2.)
In the case of a half-time school any child enrolled in the register of the school shall be required to attend seven times out of any consecutive ten times the school is open.
(3.)
A child shall be deemed to be attending a public school, and an attendance may be counted to him, if he is present at the time prescribed by regulations for marking the register, and remains present until the closing of the school, unless he is compelled to leave earlier in order to return home by railway or other public conveyance.
(4.)
A child who has attended for four hours in any school day may, under special circumstances, be allowed by the head teacher to leave before the close of the school.
(5.)
The provisions of this Act relating to the attendance of children at school shall apply to Maori and half-caste children attending public schools.
150 Certificate of exemption.
1904, No. 20, sec. 142 1907, No. 47, sec. 12
(1.)
The parent of any child may apply for and receive from the School Committee of the district in which such child resides, or from the Chairman and one other member thereof, under the hand of the Chairman or clerk, or from the head teacher of any public school in such district, a certificate exempting such child from attendance in whole or in part at school, upon satisfying the School Committee, or the Chairman and one other member thereof, or the head teacher of any public school in such district, of the existence of any one of the following grounds, namely:—
(a.)
That the total distance that the child would be required to walk from his place of residence to the school, or from his place of residence to the railway or other public conveyance and from the railway or other public conveyance to the school, is more than two miles in the case of a child under ten years of age, or three miles in any other case, the distance being estimated by the nearest road:
(b.)
That the child is under efficient and regular instruction elsewhere:
(c.)
That the child is unable to attend school by reason of sickness, danger of infection, temporary or permanent infirmity, or other sufficient cause:
(d.)
That the road by which the child has to travel to school is not sufficiently passable:
(e.)
That the child holds a certificate, as prescribed by regulations, that he has reached the standard of education prescribed by such regulations as the standard of exemption.
(2.)
Every such certificate of exemption shall state the ground of exemption, and shall be in the prescribed form, and shall be in force for a period of one year, or for such shorter period as is named in the certificate.
(3.)
During the period named in the certificate the holder thereof shall be freed from the operation of the provisions of this Act in respect of the child named therein.
(4.)
Any parent who is dissatisfied with the decision of a Committee or head teacher in refusing to grant an exemption certificate may appeal to the Education Board against such decision, and the Board (whose decision shall be final) may overrule or confirm such decision.
(5.)
For the purposes of this section—
“Efficient instruction” means such instruction as is prescribed by regulations, and, on and after the first day of January, one thousand nine hundred and eleven, means efficient instruction as prescribed by regulations and given to children in their own homes or in a school subject to inspection under this Act:
“Regular instruction” means instruction attendance at which is as regular as that prescribed by subsection one of section one hundred and forty-nine hereof.
151 General certificate of exemption for certain schools.
1904, No. 20, sec. 143
(1.)
If ten or more children resident in any school district are on the roll of any school other than a public school, the head teacher of such school may apply for and receive from the Chairman or Secretary of the Board a general certificate of exemption for such children upon satisfying the Board that efficient and regular instruction is given at such school.
(2.)
Such general certificate of exemption shall be in the prescribed form, and shall be in force for the period of one year, and shall have no force in respect of any child whose attendance at such school is not as regular as that prescribed by subsection one of section one hundred and forty-nine hereof.
(3.)
The attendance register of such school shall be open at all times when the school is open to the Truant Officer or the Secretary of the Board.
(4.)
Every general certificate of exemption shall be made in duplicate, and it shall be the duty of the person applying for such certificate to forward one copy to the Chairman of the School Committee of the district in which the children named therein reside.
152 Proceedings to compel attendance.
Ibid, sec. 144
(1.)
If any child required by this Act to attend a public school does not so attend, the Truant Officer or School Committee of the district in which such child resides shall give the parent of such child notice in writing, in the form in the Tenth Schedule hereto, calling upon such parent to send such child to school.
(2.)
Such notice may be given to the parent by delivering it to him personally, or by leaving it for him at his house with any inmate thereof appearing to be above the age of fourteen years, or by posting it by registered letter addressed to him at his usual or last known place of abode.
(3.)
Every parent who, after receiving such notice, fails to send such child to school within seven days is liable to a fine not exceeding two pounds and not less than five shillings; and the payment of such fine shall be no bar to further proceedings in case of further neglect.
153 Penalty on parents for irregular attendance of children.
Ibid, sec. 145 1907, No. 47, sec. 13
(1.)
Where any child required by this Act to attend a public school has been enrolled in the register of a public school, and does not attend, as provided in subsection one of section one hundred and forty-nine, or where any child whose name is included in a general certificate of exemption given under section one hundred and fifty-one hereof does not attend the school named in such certificate of exemption regularly as is provided in subsection one of section one hundred and forty-nine, then, in either case, the parent of such child shall be liable to a fine not exceeding ten shillings and not less than two shillings for every such week in which such child fails to attend school as required by this Act.
(2.)
Where any child required by this Act to attend a public school has been enrolled in the register of a half-time school, and does not attend, as provided in subsection two of section one hundred and forty-nine hereof, the parent of such child shall be liable to a fine not exceeding ten shillings and not less than two shillings for every such occasion on which such child is proved to have failed to attend school as required by this Act:
Provided that proceedings under this section for the recovery of any fine incurred by reason of insufficient attendance during any part of any month shall not be instituted except during that or the two months next following.
154 Proceedings for penalties.
1904, No. 20, sec. 146
All proceedings under the two last preceding sections hereof may be had and taken in the manner prescribed by “The Justices of the Peace Act, 1908”
; but any case may, with the consent of the parent, be heard with closed doors, and the Magistrate or Justices may, at their discretion, attend at any public school for the purpose of taking evidence, and in such case may dispense with the attendance at the Court of the parents or the child in respect of whom the proceedings are taken.
155 Truant Officers.
Ibid, sec. 147 Laying of informations.
It shall be lawful for Education Boards to appoint Truant Officers; and any Truant Officer, or the Secretary of an Education Board, or any member of a School Committee, or the clerk of a School Committee may lay informations, make complaints, conduct prosecutions, and take all other proceedings under the sections aforesaid.
156 Evidence of appointment of officers and others.
Ibid, sec. 148
A certificate under the hand of the Secretary of an Education Board, showing that the person named therein is a Truant Officer, shall be sufficient evidence of the appointment of such Truant Officer; and, similarly, a certificate under the hand of the Chairman of a School Committee shall be sufficient evidence of the appointment of the clerk of the School Committee or of the election of a member of the same; and in any proceedings under the sections aforesaid the election or appointment of the person acting as Chairman of the School Committee or as Secretary of the Education Board, or the signature to any such certificate, shall not be inquired into or disputed.
157 Evidence of school roll.
Ibid, sec. 149
For the purpose of any proceedings under the sections aforesaid against any parent for not, sending his child to school, the enrolment of such child at a school, the number of times the school was opened during any period, and the number of attendances made by such child during that period shall be sufficiently proved by the production of a certificate under the hand of the head teacher of the school.
158 Onus of proof on parents.
Ibid, sec. 150
On the hearing of any information or complaint under the sections aforesaid, the onus shall be on the parent or guardian of such child of showing that the child has attended or is attending a public school in accordance with the requirements of this Act, or that such child is exempt from such attendance hereunder.
159 Fines to be paid into School or Board Fund.
Ibid, sec. 151
All fines recovered under the sections aforesaid shall be paid by the Clerk of the Court to the School Committee or the Education Board at whose instance such fine is recovered, and shall thereupon become part of the School Fund or the Board Fund, as the case may be.
160 Attendance at Native Schools.
1904, No. 20, sec. 152 1907, No. 47, sec. 14
(1.)
A Native school means a school for the education of Natives which is under the control of the Education Department.
(2.)
For the purposes of sections one hundred and forty-nine to one hundred and fifty-eight hereof a Native school shall be deemed to be a public school, subject, however, to any regulations relating to the attendance at school of Maori or half-caste children and of children in the Chatham Islands.
(3.)
All the powers and functions possessed by the School Committee, or by the Chairman or the clerk of the Committee, or by the head teacher of a public school under sections one hundred and forty-nine to one hundred and fifty-eight hereof, shall, with the necessary modifications, be possessed in the case of a Native school by the teacher of that school, or by any other person appointed in that behalf by the Minister.
(4.)
All the powers and functions possessed by the Education Board, or by the Chairman, Secretary, or Truant Officer thereof, under sections one hundred and forty-nine to one hundred and fifty-eight hereof, shall, with the necessary modifications, be possessed in the case of Native schools by any person appointed in that behalf by the Minister.
(5.)
All fines recovered under section one hundred and fifty-two or one hundred and fifty-three hereof in any proceedings taken by virtue of the powers and functions referred to in subsections three and four hereof shall be paid into the Public Account or applied and expended for the benefit of the Native school, as the Minister from time to time directs.
(6.)
Schools in the Chatham Islands shall for the purposes of sections one hundred and forty-nine to one hundred and fifty-eight hereof be deemed to be Native schools.
(7.)
The Minister may from time to time make regulations for the attendance at school of Maori or half-caste children and of children in the Chatham Islands.
Truant-schools
161 Truant-schools.
1904, No. 20, sec. 153
With the sanction previously obtained of the Minister, any Education Board may establish truant-schools, or may convert any public school into and establish it as a truant-school.
162 Admission to truant-schools.
Ibid, sec. 154
On the application of the parent the Board may admit any child to a truant-school on the ground that his attendance at school is irregular.
163 Order to send child to truant-school.
Ibid, sec. 155
In lieu of or in addition to the penalties prescribed in sections one hundred and fifty-two and one hundred and fifty-three hereof, a Magistrate may order the parent or guardian to send the child to a truant-school for a period of not less than six months.
164 Powers of head teacher.
Ibid, sec. 156
The head teacher of a truant-school shall have the powers that belong to a Truant Officer, and shall have the right to visit the homes of children on the roll of such school, and, if necessary, to inquire from the parent of any child the cause of any irregularity in the child’s attendance at the truant-school.
165 Sending of children to an industrial school.
Ibid, sec. 157
Upon the evidence of the head teacher of a truant-school that any child has failed, after admission to the school, to attend regularly, a Magistrate may order such child to be sent to an industrial school, in the same way as if the child were brought before him under section seventeen of “The Industrial Schools Act, 1908,”
and the Magistrate may make an order for the payment of maintenance by the parent in the manner prescribed in the last-mentioned Act.
166 Board may make regulations.
1904, No. 20, sec. 158
Every Education Board upon establishing a truant-school shall, with the sanction of the Minister, make regulations defining the powers and duties of the head teacher thereof, and for such other purposes as may be necessary to secure the efficiency of the school.
Education of Defective Children
167 Compulsory education of defective children.
Ibid, sec. 159 1907, No. 47, sec. 15
(1.)
It shall be the duty of the parent of any blind or deaf or defective or epileptic child between the ages of seven and sixteen to provide efficient and suitable education for such child.
(2.)
If the parent of such child is unable to do so, he shall give notice to the Minister of his inability, and thereafter shall send the child to such institution for the education of blind or deaf or defective or epileptic children as the Minister may direct, and shall contribute to the cost of the maintenance and education thereat of the child as may be agreed between such parent and the Minister.
(3.)
If no such agreement is made, then a Magistrate may, on application in that behalf, make an order directing the parent to pay the sum of ten shillings a week towards the maintenance and education of the child; but if the parent proves to the satisfaction of the Magistrate that he is unable to pay so much, the Magistrate may make an order for the payment of any less sum than ten shillings a week, unless the parent proves to the satisfaction of the Magistrate that he is unable to pay any sum whatever.
(4.)
If the parent of the child fails to provide efficient and suitable education for such child, or to give notice to the Minister that he is unable to do so, or to send such child to such institution for blind or deaf or defective or epileptic children as the Minister directs, he may be brought before a Magistrate, who may make an order directing such child to be sent to such institution, and may also make an order directing such parent to contribute to the cost of maintenance and education of the child in the manner provided by the last preceding subsection.
(5.)
The Magistrate on making an order for payment under this section shall direct to whom and at what times the moneys payable under the order shall be paid.
(6.)
If the person by whom moneys are payable under any such order does not pay the same at the times stated in the order, then such moneys may be recovered as a debt in any Court of competent jurisdiction by the persons entitled thereto.
(7.)
For the purposes of this section a “blind child”
means a child who on account of his defective sight cannot be efficiently taught with other children in an ordinary school; and similarly a “deaf child”
means a child who on account of his defective hearing cannot be taught orally with other children in an ordinary school; and, further, a “defective child”
means a child who, not being idiot or imbecile, and not being merely backward, is by reason of mental or physical defect incapable of receiving proper benefit from instruction in an ordinary school, but is not incapable by reason of such defect of receiving benefit from instruction in a special school or class; and an “epileptic child”
means an epileptic child who, not being idiot or imbecile, is unfit by reason of severe or frequent epilepsy to attend an ordinary school, but is not a proper person to be sent to a mental hospital.
Penalties in certain Cases
168 Wilful disturbance of school.
1904, No. 20, sec. 160
Any person who wilfully disturbs any school, or who upbraids, insults, or abuses any teacher in the presence or hearing of the pupils assembled in school, is liable to a fine not exceeding two pounds.
Inspection of Schools
169 Inspection of schools.
Ibid. sec. 161 1905, No. 45, sec. 19
(1.)
Every public school shall be inspected by an Inspector appointed by the Board.
(2.)
The inspection shall be at such times and in such manner as may be prescribed by regulations.
170 Private schools may be inspected on request of managers.
1904, No. 20, sec. 162 1907, No. 47, sec. 16
(1.)
Where the teacher or managers of any private school desire to have such school inspected by an Inspector, such teacher or managers may apply to the Board to authorise such inspection, and the Board shall thereupon arrange for the inspection of such school, such inspection to be conducted in like manner as the inspection of public schools.
(2.)
The term “managers”
means and includes all persons who have the control and management of any such school, whether the legal interest in the schoolhouse is or is not vested in them.
(3.)
A school inspected in accordance with this section shall thereupon be held to be a school subject to inspection under this Act.
(4.)
A school subject to inspection under this section shall, if it gives secondary education, be open to inspection by an Inspector appointed by the Minister.
171 Governor may order inspection of industrial schools, &c.
1901, No. 20, sec. 163
The Governor may from time to time cause inspection to be made by an Inspector of the Education Department of any industrial school, reformatory, gaol school, or other educational institution maintained wholly or in part by a grant or grants from the public revenue, or by endowments derived from a grant or grants of lands made at any time by the Governor or otherwise.
Regulations and Reports
172 Regulations may be made by Order in Council.
Ibid, sec. 164 1907, No. 47, sec. 24
(1.)
The Governor may from time to time, by Order in Council gazetted, make regulations—
(a.)
For the organization and management of the Department of Education;
(b.)
For defining the principle on which daily average attendance shall be calculated;
(c.)
For the examination and classification of teachers;
(d.)
For the employment, education, and examination of pupil-teachers;
(e.)
For the issue of certificates of competency to teachers;
(f.)
For the establishment and management of normal or training colleges;
(g.)
For defining the standards of education which, under the provisions of this Act, may be prescribed by regulations;
(h.)
For prescribing the times and manner of auditing the accounts of Boards and Committees;
(i.)
For the control and management and defining the staff, salaries, and allowances of teachers, and the course of instruction in Native schools and other schools under the Education Department; and
(j.)
For any purpose for which regulations are by this Act authorised or required to be made, and generally for any purposes which he thinks necessary in order to secure the due administration of this Act.
(2.)
All such regulations shall fix a day on which the same shall come into force, after which they shall have the force of law.
(3.)
All such regulations shall be laid before Parliament as soon after they are gazetted as circumstances will permit.
173 Minister to make annual report.
1904, No. 20, sec. 165
(1.)
The Minister shall, before the thirtieth day of June in each and every year, lay before the Governor a report upon the progress and condition of public education in New Zealand during the year ending the thirty-first day of December immediately preceding, and also a general statement of accounts.
(2.)
Such report and statement shall be laid before Parliament within one month if Parliament is then sitting, and if not, then within one month after the commencement of the next ensuing session.
174 Boards to make annual report.
Ibid, sec. 166
(1.)
Every Board shall, before the last day of March in each and every year, forward to the Minister a report of its proceedings during the previous year.
(2.)
Such report shall contain a full account of the income and expenditure of the Board, audited as provided by law, and also such information relative to the public schools and to educational matters within the district as the Minister may direct.
175 Committee to forward yearly report to Board.
Ibid, sec. 167
(1.)
Every Committee shall, before the fourth Monday in April in each and every year, forward to the Board a report of its proceedings during the year ending on the thirty-first day of March next preceding.
(2.)
Such report shall contain a full account of the income and expenditure of the Committee, audited as provided by law, and also such information relative to the public schools and to educational matters within the district as the Board may direct.
Exemption from Rates
176 School lands and and buildings exempt from rates.
Ibid, sec. 168
No rates shall be levied on any lands or buildings used for public-school purposes.
Part VII Manual and Technical Instruction
177 Interpretation.
Ibid, sec. 169 1907, No. 47, sec. 17
In this Part of this Act, if not inconsistent with the context,—
“Classes” means classes recognised by the Minister in accordance with this Part of this Act:
“Continuation class” means a class commencing not earlier than four o’clock in the afternoon of any working-day of the week except Saturday, or at any hour on Saturday, and giving instruction in such of the ordinary public-school subjects, or other subjects of general or commercial education, as are prescribed by regulations under this Act:
“Controlling authority” means the Education Board, or the governing body of a secondary school or of a university college, as the case may be, by which classes under this Part of this Act are established; and, in the case of associated classes, means the Education Board, or the governing body of the university college joining in the establishment thereof:
Provided that in the case of the associated classes specified in Part II of the Twelfth Schedule hereto the controlling authority shall mean the managers thereof:
“Managers” means the persons having immediate control or charge of associated classes:
“Manual instruction” means such exercises as shall train the hand in conjunction with the eye and brain; it includes kindergarten employments, exercises in continuation thereof, modelling in any material, and generally practice in the use of tools:
“Secondary school” means a secondary school open at all times to an Inspector appointed by the Minister of Education, and named in Part I of the Eleventh Schedule hereto, and every high school established under section ninety-four hereof:
“Technical instruction” means instruction in the principles of any specified science or art as applied to industries, accompanied by individual laboratory or workshop practice, or instruction in modern languages, or in such other subjects connected with industrial, commercial, agricultural, or domestic pursuits as are prescribed by regulations under this Act:
“University college” means a college affiliated to the University of New Zealand and named in Part II of the Eleventh Schedule hereto.
178 Manual instruction may be given in ordinary school hours.
1904, No. 20, sec. 170
Manual instruction, and such subjects of technical instruction as are prescribed in that behalf by regulations under this Act, shall be deemed to be included in the list of subjects of instruction prescribed by paragraph (a) of section one hundred and forty-three hereof.
179 Classes that Minister may recognise.
Ibid, sec. 171 1907, No. 47, sec. 18
(1.)
The Minister may recognise as classes under this Part of this Act—
(a.)
“School classes,”
meaning thereby classes for manual or technical instruction established by any Education Board in connection with any public school, or by the Board of Governors of any secondary school in connection with such secondary school, the syllabus of such instruction being in accordance with regulations under this Act:
(b.)
“Special classes,”
meaning thereby classes for manual or technical instruction, or continuation classes, established by an Education Board or the Board of Governors of a secondary school, apart from the ordinary course of primary or secondary school instruction, as the case may be:
(c.)
“Associated classes,”
meaning thereby classes for manual or technical instruction, or continuation classes, established jointly by an Education Board, or a School Committee (where no classes are established by the Education Board of the district), or the governing body of a university college or of a secondary school, and a school of art, a school of mines, an agricultural college, an industrial association, an industrial union, an agricultural and pastoral association, or any similar public association formed in connection with any branch of trade, industry, or commerce, or any City Council, Borough Council, County Council, or other local authority:
Provided that where a School Committee joins with a public association or a local authority to establish associated classes the Board of Education shall be the controlling authority: and
(d.)
“College classes,”
meaning thereby classes established by any university college for technical instruction, or for instruction in such branches of higher commercial education as are prescribed by regulations.
(2.)
Where school classes or special classes are not established by a Board of Education, the School Committee may establish such classes, and in every such case the Board of Education shall be the controlling authority.
180 When certain classes shall not be recognised.
1904, No. 20, sec. 172
The Minister shall refuse to recognise any special, associated, or college class in any subject if he considers that sufficient means of instruction in that subject are already provided by classes under this Part of this Act within a radius of five miles from the place where the class seeking recognition is to be held.
181 Minister may revoke recognition in certain cases.
Ibid, sec. 173
The Minister may revoke at any time the recognition granted to any class, if he is dissatisfied with the manner in which the class is being conducted, or if he considers that sufficient provision is made by other similar recognised classes in or reasonably near to the same locality:
Provided that in the latter case he shall, if the controlling authority of such class so requires, give six months’ notice of his intention to cancel the recognition.
182 Regulations as to associated classes.
Ibid, sec. 174 1905, No. 45, sec. 16
(1.)
The Governor in Council may from time to time make regulations for the appointment of managers of associated classes, and in the case of associated classes other than those specified in Part II of the Twelfth Schedule hereto the powers of appointment possessed by the controlling authority and the public associations and local authorities joining in the establishment of such classes shall be in proportion to the cost of maintenance borne by them severally:
Provided that in any case the controlling authority shall have the power to appoint at least one manager if the total number of managers does not exceed six, and at least two managers if the total number exceeds six.
Managers a corporate body.
(2.)
The managers appointed under this section shall be a corporate body under the name of “The Managers of the Associated Classes.”
183 Existing classes to be recognised.
1904, No. 20, sec. 175
Subject to the provisions of section one hundred and eighty-one hereof, the classes specified in the Twelfth Schedule hereto shall be deemed to be classes recognised by the Minister under this Act.
184 Payments in respect of classes established.
Ibid, sec. 176 Rate thereof.
(1.)
Subject to the provisions of this Act, every controlling authority of classes under this Part of this Act (not being school classes) shall be entitled to receive, by way of capitation, payment out of the public funds in respect of the attendances of pupils at the several classes at the following rate:—
| For every attendance at a class for manual instruction | Threepence. | ||
| For every attendance at a class for technical instruction | Threepence. | ||
| For every attendance at a continuation class | Three halfpence. |
Provided that in the case of a continuation class no payment shall be made in respect of any subject in which the standard is lower than the Fifth Standard prescribed by regulations, nor in respect of any pupil under the age of thirteen years, nor in respect of any pupil-teacher for any subject included in his course of instruction as pupil-teacher:
Provided also that in the case of associated classes other than those specified in Part II of the Twelfth Schedule hereto the controlling authority shall pay over all moneys to the managers of the classes.
Additional rate for distant classes.
(2.)
An addition of one-half to the rate of payment hereinbefore specified may, with the approval of the Minister, be made in the case of any class held in any place distant more than five miles from the office of an Education Board.
Computation of attendances.
(3.)
An “attendance,”
for the purposes of this Part of this Act, means the attendance of one pupil for one hour at any class for which payment can be claimed under this Act.
(4.)
A roll of every such class shall be kept, and one attendance recorded therein for each hour of each pupil’s presence in class; but no attendance shall be marked on account of a pupil on any occasion when he is absent from his place in class for more than ten minutes of the hour of attendance.
(5.)
It shall not be lawful to record an attendance on the roll of any special, associated, or college class on account of any person under the age of thirteen years; nor in the case of any such class held on the premises of any public school or secondary school, and within the ordinary school hours, shall it be lawful to record an attendance on account of any pupil on the roll of such school.
185 No payment unless term at least ten weeks.
Ibid, sec. 177
No capitation payment shall be made in respect of any class which has not been carried on with regularity through a term of at least ten weeks:
Provided that in any case where the class-day is a public holiday, or a day appointed by the Minister for the examination of the pupils, the failure of the class to meet for instruction on that day shall not affect the right to such payment:
Provided also that this section shall not apply to such classes for teachers or itinerant classes in country districts as may be recognised by the Minister.
186 Conditions as to capitation.
1904, No. 20, sec. 178
In no case shall any capitation payment be made in respect of any class unless the Minister is satisfied that the class has been efficiently and regularly instructed by a competent instructor, nor unless the claim for payment is rendered to the Minister within three months after the end of the year.
187 Payments to be out of moneys appropriated.
Ibid, sec. 179
The payments hereinbefore provided for shall be made out of moneys to be appropriated by Parliament for the purpose.
188 Fees for attendance at classes.
Ibid, sec. 180
In the case of all classes under this Part of this Act except associated classes, the controlling authority thereof, and in the case of associated classes the managers thereof, may fix and charge fees for attendance at such classes:
Provided that no fees shall be fixed or charged unless they have been submitted to and approved by the Minister.
189 Inspection.
Ibid, sec. 181
The Minister may appoint Inspectors to visit, inspect, and examine all classes under this Part of this Act.
190 Programme of work to be transmitted to Minister.
Ibid, sec. 182
(1.)
The controlling authority of every class under this Part of this Act shall transmit to the Minister, before the commencement of the instruction in any year, a programme of the work to be done during the year in such class, and satisfactory proof of the competency of the instructor.
(2.)
Within one month after the close of the instruction in any year the controlling authority shall forward to the Minister such details of the work and attendance, receipts and expenditure of the class, as are prescribed by regulations under this Act.
191 Local authority or controlling authority may contribute funds.
Ibid, sec. 183 1907, No. 47, sec. 19
(1.)
Any local authority may from time to time, out of its general funds, contribute such sum as it thinks fit to any controlling authority or managers of associated classes for the purpose of encouraging the formation or increasing the efficiency of classes under this Part of this Act, and may for that purpose make a grant by lease or otherwise of lands or buildings, any Act to the contrary notwithstanding; and for the same purpose any controlling authority may from time to time, out of its general funds, contribute or apply such sum as it thinks fit, anything in any Act to the contrary notwithstanding.
(2.)
Without limiting the generality of the last preceding subsection, it is hereby declared that the contribution or application of moneys by a local authority or a controlling authority for the purpose of acquiring land or buildings, or of erecting or extending buildings, or of acquiring apparatus or appliances in connection with the therein-mentioned classes, shall be deemed to be for the purpose of encouraging the formation or increasing the efficiency of such classes within the meaning of that subsection.
192 Subsidies on voluntary contributions.
1904, No. 20, sec. 184
In respect of all voluntary contributions received by the controlling authority of any classes or by the managers of associated classes for the special purpose of encouraging the formation or increasing the efficiency of such classes, subsidies shall, without further appropriation than this Act, be payable out of the Consolidated Fund to such authority or to the controlling authority of such associated classes in the cases and to the extent following, that is to say:—
(a.)
A subsidy at the rate of ten shillings for every pound of bequest:
Provided that in no case shall the subsidy in respect of any single bequest exceed five hundred pounds:
(b.)
A subsidy at the rate of twenty shillings for every twenty shillings of voluntary contributions (other than bequests) from any person not being a controlling authority or from any local authority.
193 Scholarships and grants in aid of erection of buildings.
1904, No. 20, sec. 185
Out of moneys from time to time appropriated by Parliament for the purpose, the Minister—
(a.)
May allot scholarships, tenable by students attending or who have attended any classes under this Part of this Act: and also
(b.)
May make grants in aid of the erection, acquisition, or equipment of buildings for classes under this Part of this Act, and for the purchase and supply of apparatus, material, and appliances for such classes: and also
(c.)
May make grants in aid of school classes as defined:
Provided that every grant under this paragraph shall be in accordance with regulations under this Act, and shall in no case exceed the amount of capitation which would be payable if the class were entitled to capitation under section one hundred and eighty-four hereof: and also
(d.)
May make grants for the training of instructors of classes under this Part of this Act: and also
(e.)
May defray the general expenses of administering this Part of this Act.
194 Regulations.
Ibid, sec. 186
The Governor may from time to time, by Order in Council gazetted, make regulations for all or any of the following purposes, that is to say:—
(a.)
Defining the branches and subjects of manual instruction and technical instruction, and the subjects to be taught in continuation classes under this Part of this Act, and the course and number of hours of instruction therein:
(b.)
Providing for the mode in which the applications for sums payable in respect of classes, scholarships, subsidies, and grants-in-aid under this Part of this Act shall be made:
(c.)
Providing for the establishment of scholarships in any subjects of instruction under this Part of this Act, and prescribing the amounts and tenure thereof, and the conditions subject to which they may be awarded and held:
(d.)
Such other matters as he deems necessary in order to give full effect to the intention of this Part of this Act.
195 Accounts and audit.
1905, No. 45, sec. 17
The managers of associated classes shall keep full and true accounts of all sums received by them, and shall render such accounts annually at such time and in such form as may be prescribed, and all such accounts shall be audited by the Audit Office as provided by “The Public Revenues Act, 1908.”
Part VIII Public-school Teachers Incorporation and Court of Appeal
196 Interpretation.
1904, No. 20, sec. 187
In this Part of this Act, if not inconsistent with the context,—
“Corporation” means a society registered under this Part of this Act or the corresponding provisions of any former Education Act:
“Court” means the Teachers’ Court of Appeal constituted under this Part of this Act:
“Teacher” means any person of either sex whose employment is that of a teacher in the public schools of New Zealand, whether actually so employed for the time being or not.
Incorporation
197 Registration of societies.
Ibid, sec. 188
Any society consisting of any number of teachers, not being less than ten, who reside in any one education district, and are associated for any lawful purpose connected with their profession (not being for purposes of gain), may be registered under this Act on compliance with the following provisions:—
Application.
(a.)
An application for registration, stating the name of the proposed society, and signed by two or more officers thereof, shall be made to the Inspector-General of Schools (hereinafter called “the Registrar”
).
Particulars to accompany application.
(b.)
Such application shall be accompanied by—
(i.)
A list of the members and officers of the society:
(ii.)
A copy of a resolution passed by a majority of the members present at a meeting of the society specially called for that purpose only, and desiring registration under this Act:
(iii.)
An address (to be called the “registered office”
) at which the business of the society is conducted.
198 Registrar to register society when Act complied with and fee paid.
Ibid, sec. 189
(1.)
On being satisfied that the provisions of the last preceding section have been complied with, and on payment of a fee of one pound, the Registrar shall register the society in a book to be kept for the purpose, and thereupon the society shall become a body corporate by the name mentioned in such application, with the addition of the word “Registered,”
which shall be its corporate style and title.
Certificate of incorporation. Ibid, sec. 190
(2.)
The Registrar shall issue to such society a certificate of incorporation in the prescribed form, and such certificate shall be evidence that the society named therein is duly incorporated under this Act.
199 Power to make rules.
Ibid, sec. 191
The members of a society incorporated under this Act and their successors, in general meeting assembled, may make rules for the government of the society, and alter and annul any such rules; and, in particular, may by such rules provide, inter alia, for—
What rules to provide for.
(a.)
The qualifications and subscription for membership:
(b.)
The method of election of new members:
(c.)
The number and designation and the powers of the officers:
(d.)
The control, investment, and disposition of the funds and property of the society:
(e.)
The method of enforcing observance of the rules by members of the society:
(f.)
The control and use of the common seal.
200 Evidence of rules.
1904, No. 20, sec. 192
Prima facie evidence of the rules shall be afforded by the production of what purports to be a copy thereof, if sealed with what purports to be the seal of the corporation and signed by the President or Chairman thereof.
201 Powers of incorporated society.
Ibid, sec. 193
Every society when incorporated shall have perpetual succession and a common seal, and in its corporate style and title may hold and dispose of real and personal property, and may sue and be sued, and may recover any moneys due to the corporation by any person whether a member thereof or not.
202 Effect of resignation of member.
Ibid, sec. 194
Any member who resigns, or in any other way ceases to be a member of the corporation, shall, unless the rules of the society otherwise provide, thereupon cease to have any right or interest in its property and concerns, but shall not thereby be freed from any then existing liability to the corporation whether for subscriptions or otherwise.
203 Where society deemed situate.
Ibid, sec. 195
(1.)
Every society registered under this Act shall be deemed to be situate in the education district wherein its registered office is situate.
Returns.
(2.)
Every such society shall forward to the Registrar, at prescribed periodical intervals, prescribed returns containing prescribed particulars.
Penalty for neglect.
(3.)
If any such society fails or neglects to furnish such returns, or to otherwise comply with the provisions of this Part of this Act, the Minister may cancel its incorporation.
204 Limitation of number of societies.
Ibid, sec. 196
It shall not be lawful for any society to be registered under this Act without the previous consent of the Minister, nor for any society to be registered under a name so similar to that of any registered society as, in the opinion of the Registrar, to lead to confusion.
205 New Zealand Educational Institute may be registered.
Ibid, sec. 197
The society known as the New Zealand Educational Institute (consisting of societies of teachers, or representatives of such societies) may be registered under this Act on application in manner therein prescribed:
Provided that for the purposes of such application each such society of teachers or representative thereof shall be deemed to be a member of the said Institute.
Court of Appeal
206 Court of Appeal
Ibid, sec. 198
(1.)
For the purpose of hearing and determining appeals by teachers against dismissal or suspension, the Teachers’ Court of Appeal as existing under “The Education Act, 1904,”
on the coming into operation of this Act is hereby continued as the same Court under this Act.
Constitution of Court.
(2.)
For the purposes of each appeal as it arises the Court shall consist of three persons, as follows:—
Such Magistrate in the district wherein the appellant teacher was employed at the time of his dismissal or suspension as the Minister, appoints;
One person of either sex to be nominated in the prescribed manner by a corporation situate in such district; and
One such person to be similarly nominated by the respondent Board which dismissed or suspended such teacher.
(3.)
The Magistrate shall be Chairman of the Court, and shall have an original and, in the event of an equality of voting, a casting vote.
Procedure on Appeal
207 Notice of appeal to be served on Board by appellant.
1904, No. 20, sec. 199
(1.)
The appellant shall, within twenty-eight days after the receipt by him of the official notice of dismissal or suspension, serve on the Board a notice of appeal in the form in the Thirteenth Schedule hereto.
(2.)
Such notice shall briefly but clearly state the grounds of appeal.
(3.)
Such notice shall be void unless it contains a memorandum by the aforesaid corporation nominating a member of the Court, with his consent in writing, for the purposes of the appeal, and undertaking to pay whatever costs may be awarded against the appellant.
(4.)
Such undertaking shall be given under the common seal of the corporation and the hands of two of its officers, and when so given shall bind the corporation.
(5.)
The appellant shall forward to the Minister a copy of the notice of appeal.
208 Board to serve statement in reply.
Ibid, sec. 200
(1.)
The Board shall, within ten days after service of the notice of appeal, serve on the appellant, at the registered office of the aforesaid corporation, a statement in reply, in the form in the Fourteenth Schedule hereto, setting forth briefly but clearly the reasons for the dismissal or suspension, and the Board’s answer to the notice of appeal, and nominating a member of the Court, with his consent in writing, for the purposes of the appeal.
(2.)
Such statement in reply may be prepared and served by the Chairman or any two members of the Board without convening a meeting of the Board.
(3.)
If the Board fails or neglects to duly nominate a member of the Court, the other two members shall constitute the Court for the purposes of the appeal.
209 Case on appeal.
Ibid, sec. 201
Such notice of appeal and statement in reply shall form the case on appeal, and the Board shall, within the said period of ten days, forward to the Minister a copy thereof.
210 Minister on receipt to appoint Magistrate.
Ibid, sec. 202
Upon receipt of such copy if forwarded, or if not, then upon the expiration of the period within which it should have been forwarded, the Minister shall appoint the Magistrate as aforesaid, and forward to him such copy (or, as the case may be, the appellant copy of the notice of appeal), with instructions to convene the Court for the purposes of the appeal.
211 Quorum of Court.
1904, No. 20, sec. 203
At all sittings of the Court the quorum shall be two, whereof the Chairman shall be one.
212 Court to hear appeal at convenient place.
Ibid, sec. 204
(1.)
The Court shall hear and determine the appeal at such convenient place and time as the Chairman appoints in that behalf, the time being not later than fourteen days after the receipt by him of the Minister’s instructions as aforesaid.
Notice of hearing.
(2.)
At least three days’ previous notice of such place and time shall be given to the parties and also to the members of the Court by the Chairman.
213 Appearance of parties.
Ibid, sec. 205
The appellant may himself appear, or may be represented by some person on his behalf; and the Board, as respondent, shall be represented by its Chairman or some other person appointed by the Board, but no solicitors or counsel shall appear or be heard.
214 When teacher to be deemed dismissed.
Ibid. sec. 206
For all the purposes of this Part of this Act a teacher shall be deemed to be dismissed in any case where his engagement is determined by notice from the Board:
When dismissal not wrongful.
Provided that such dismissal shall not be deemed to be wrongful if the Board satisfies the Court that the determination of the engagement was reasonable, having regard to any of the following circumstances:—
(a.)
The efficient and economical administration of the Board’s affairs:
(b.)
The fitness of the teacher:
(c.)
His conduct:
(d.)
Any other special circumstances irrespective of the Board’s mere legal right to determine the engagement by notice.
1907, No. 47, sec. 22
Provided further that in the case of any teacher the determination of his engagement by the Board on the ground that he has reached the age of sixty-five years shall be deemed to be reasonable without regard to any other circumstances.
215 Powers of the Court.
1904, No. 20, sec. 207
The Court—
(a.)
May waive any technical error or defect in the proceedings:
(b.)
May adjourn its sittings from time to time:
(c.)
Shall take evidence on oath, to be administered by any member of the Court:
(d.)
Shall not be bound by the strict rules of evidence:
(e.)
Shall conduct its proceedings in public or (with the consent of both parties) in private:
(f.)
Shall hear and determine the appeal according to equity and good conscience.
216 Decision of Court to be in writing.
Ibid, sec. 208
The decision of the Court shall be in writing, signed by the Chairman, and a copy thereof shall be given to each of the parties and shall also be forwarded to the Minister.
217 Decision to be final.
Ibid, sec. 209
The decision of the Court shall be final and binding on both parties.
218 Effect of decision for appellant.
Ibid, sec. 210
(1.)
If by such decision it appears that the appellant has been wrongfully dismissed or suspended, he shall, if the Court so orders, be entitled to be reinstated, or, at the option of the Board, to be appointed to a similar position in another school, and shall also, if the Court so orders, be entitled to receive such reasonable compensation for loss of salary as the Court directs.
(2.)
Such compensation shall in no case exceed a continuance of his salary from the date of his suspension or dismissal until the date of his reinstatement or appointment as aforesaid.
219 Court may award costs.
1904, No. 20, sec. 211
(1.)
The Court may award costs, fix the amount thereof, and direct by and to whom they shall be paid and in what proportions, and they shall be payable accordingly.
Expenses.
(2.)
In such costs shall be included witnesses’ expenses, and the actual expenses incurred by or on behalf of the Court and its members in holding the sittings of the Court.
Recovery of costs from appellant.
(3.)
All costs awarded against the appellant shall be payable by the corporation nominating the member of the Court as aforesaid, and when so paid may be recovered by such corporation from the appellant.
220 Extension of periods.
Ibid, sec. 212
The Minister may in special circumstances extend the period within which anything is by this Part of this Act required to be done.
221 Effect of non-attendance of members of Court.
Ibid, sec. 213
(1.)
If any nominated member of the Court neglects or refuses to attend the sittings of the Court, the appeal shall be heard and determined in his absence.
(2.)
If neither of the nominated members so attends, the appeal shall be deemed to be abandoned, and the Magistrate shall make order accordingly.
Regulations
222 Regulations may be made for purposes of this Part.
Ibid, sec. 214
The Governor may from time to time, by Order in Council gazetted, make regulations—
(a.)
For enforcing the attendance of witnesses at the Court, and providing a fine not exceeding ten pounds in case of the non-attendance of any witness:
(b.)
For the procedure on appeal, and the conduct of the sittings of the Court:
(c.)
For the time and mode of doing anything prescribed by this Part of this Act:
(d.)
For any other purpose that he thinks necessary in order to give full effect to this Part of this Act.
Part IX Teachers’ Superannuation
223 Interpretation.
1905, No. 54, sec. 2 1906, No. 44, sec. 2
In this Part of this Act, if not inconsistent with the context,—
“Contributor” or “member” means a person who contributes to the fund:
“Fund” means the Teachers’ Superannuation Fund:
“Medically unfit for further duty” means that, on the certificate of at least two medical practitioners approved by the Superannuation Board, it is established to the satisfaction of that Board that, by reason of mental or bodily infirmity not caused by irregular or intemperate habits, the contributor has become permanently unable to perform his duties:
“Original member” means a person who, on the first day of January, one thousand nine hundred and six (being the date of the coming into operation of “The Teachers’ Superannuation Act, 1905”
), was permanently employed in the Education service:
“Salary” of a contributor means the actual sum paid to him as salary in respect of his service, but does not include allowances or payment for overtime:
Provided that payments made to a contributor as bonus on certificates, or for instruction to pupil-teachers, or pupils of a district high school, or for the management or instruction of classes under Part VII of this Act shall be deemed to be the salary or part of the salary of the contributor:
“Secondary school” means any secondary school as defined by section one hundred and seventy-seven of this Act:
“Service” and “Education service” mean service subsequent to the coming into operation of “The Education Act, 1877,”
under any of the following bodies, that is to say:—
(a.)
Under an Education Board; or
(b.)
Under the governing body of a secondary school; or
(c.)
Under the managers of associated classes under Part VII of this Act; or
(d.)
Under the Education Department in the case of Inspectors of Schools, managers of industrial schools, or teachers of any schools under the control of the Education Department:
“Length of service” means the number of years completed in the service of one or more of such bodies, whether such service is continuous or not:
“Superannuation Board” means the Teachers’ Superannuation Board under this Part of this Act:
“Teacher” means a certificated teacher or a teacher holding a degree granted by any British university.
The Fund
224 Superannuation Fund.
1905, No. 54, sec. 3
(1.)
There is hereby established a fund to be called “the Teachers’ Superannuation Fund”
(being the same fund as is established under “The Teachers’ Superannuation Act, 1905”
).
(2.)
The fund shall consist of—
(a.)
The moneys in the fund on the coming into operation of this Act:
(b.)
The contributions of persons in the Education service, as hereinafter provided:
(c.)
Moneys at any time paid into the fund under section two hundred and forty-seven hereof:
(d.)
Interest from time to time accruing from investment of the moneys of the fund as hereinafter provided.
225 Persons employed who did not elect to contribute not to participate.
1905, No. 54, sec. 4 1906, No. 44, sec. 3
(1.)
Every person who, on the first day of January, one thousand nine hundred and six (being the date of the coming into operation of “The Teachers’ Superannuation Act, 1905”
), was permanently employed in any capacity for not less than twenty hours in a week in the Education service, and did not within six months after that date elect to become a contributor to the fund, shall not at any future time become a contributor to the fund, or participate in its benefits, except on the payment of such sum, computed in the manner prescribed by regulations, and on such conditions as the Superannuation Board, having due regard to the interests of the fund, determines.
Teachers in schools for the deaf may elect to become contributors. Ibid, sec. 4
(2.)
Every person in the Education service who on the twenty-ninth day of October, one thousand nine hundred and six (being the date of the coming into operation of “The Teachers’ Superannuation Act Amendment Act, 1906”
), was a teacher in a school for the deaf, and did not, on or before the thirtieth day of June, one thousand nine hundred and seven, elect to become a contributor to the fund, shall not at any future time become a contributor to the fund or participate in its benefits, except on payment of such sum, computed in the manner prescribed by regulations, and on such conditions as the Superannuation Board, having due regard to the interests of the fund, determines; and if he did so elect and was permanently employed in the Education service on the first day of January, one thousand nine hundred and six, he shall be deemed to be an original member.
Ibid, sec. 3
(3.)
Notwithstanding anything in this Act, any person who has been continuously employed in the Education service for a period of five years shall be deemed to have been and to be permanently employed within the meaning of this Part of this Act.
226 Teachers employed after 1st January,
1906, to contribute. 1905, No. 54, sec. 5 1906, No. 44, sec. 5
(1.)
With respect to teachers who were or are first permanently employed in any public school or in any school under the Education Department after the date last aforesaid, it shall be a condition of their employment that they shall contribute to the fund, and be entitled to its benefits, as hereinafter provided.
(2.)
The words “first permanently employed”
include persons who, although having previous service, were not actually employed in the service on the date last aforesaid.
227 Other persons so employed may elect to contribute.
1905, No. 54, sec. 6 1906, No. 44, sec. 6
With respect to all other persons who were or are first permanently employed in the Education service after the date last aforesaid the following provisions shall apply:—
(a.)
Every such person may at any time within six months after the date of his appointment elect to contribute to the fund.
(b.)
If he so elects, he shall, subject to the provisions of this Part of this Act, be entitled to all the benefits of the fund.
(c.)
If he does not so elect, he shall not at any future time become a contributor to the fund, or participate in its benefits, except on payment of such sum, computed in the manner prescribed by regulations, and on such conditions as the Superannuation Board, having due regard to the interests of the fund, determines.
228 Rates of contribution.
1905, No. 54, sec. 7 1906, No. 44, sec. 7
(1.)
The contribution from members shall in each case be at the following percentage of the pay of each member respectively, and shall be deducted at the period of each monthly payment of salaries, that is to say:—
(a.)
Five per centum if his age is not more than thirty years at the time when the first contribution becomes payable:
(b.)
Six per centum if his age then exceeds thirty years but does not exceed thirty-five years:
(c.)
Seven per centum if his age then exceeds thirty-five years but does not exceed forty years:
(d.)
Eight per centum if his age then exceeds forty years but does not exceed forty-five years:
(e.)
Nine per centum if his age then exceeds forty-five years but does not exceed fifty years:
(f.)
Ten per centum if his age then exceeds fifty years.
(2.)
The amount so deducted shall forthwith be paid to the Public Trustee, to the credit of an account in the name of the fund, by the Board or other governing body charged with the duty of paying teachers’ salaries.
When contributions to cease.
(3.)
Male members who have contributed to the fund during a period of forty years, and female members who have contributed during a period of thirty-five years, shall be entitled to all the benefits of the fund without further contribution.
Contributions while pay stopped for ill health.
(4.)
If at any time the pay of a contributor is temporarily stopped on the ground of ill health, or if a contributor is on leave of absence without pay, or is from unavoidable circumstances temporarily out of the service, he shall continue to contribute to the fund in such manner and to such extent as may be prescribed by regulations.
229 Investment of fund.
1905, No. 54, sec. 8
(1.)
The Public Trustee shall from time to time invest the moneys of the fund, or any part thereof, in such lawful securities prescribed by regulations as will return the highest rate of interest.
(2.)
The interest on the moneys of the fund paid into the fund by the Public Trustee shall be at a rate not less than four per centum per annum.
230 Board.
Ibid, sec. 9 1906, No. 44, sec. 8
(1.)
The fund shall be administered by a Board called “the Teachers’ Superannuation Board”
(elsewhere throughout this Act referred to as “the Superannuation Board”
), and consisting often members, namely,—
The Minister;
The Solicitor-General;
The Public Trustee;
The Inspector-General of Schools;
The Secretary to the Treasury;
The President of the New Zealand Educational Institute;
Two persons to be elected from among their number by the contributors resident in the North Island; and
Two persons to be elected from among their number by the contributors resident in the South Island.
(2.)
At all meetings of the Superannuation Board three shall form a quorum.
(3.)
In the absence of the Minister any other responsible Minister of the Crown may attend in his stead, and in the absence of any of the persons first named herein the other persons named herein may attend in his stead—to wit, in the absence of the Solicitor-General, the first Assistant Law Officer; in the absence of the Public Trustee, the Deputy Public Trustee; in the absence of the Inspector-General of Schools, the Secretary for Education; and in the absence of the Secretary to the Treasury, the Assistant Secretary to the Treasury.
(4.)
The Minister shall be chairman at all meetings of the Superannuation Board at which he is present, and at any meeting at which he is not present the said Board shall appoint a chairman from the members present.
(5.)
Subject to this Act and the regulations thereunder, the said Board may prescribe its own procedure.
231 Election of members of the Board.
1905, No. 54, sec. 10
(1.)
The elective members shall be elected by ballot in the manner prescribed by regulations.
(2.)
A separate ballot of the contributors resident in the North and South Islands respectively shall be taken on the first Monday in March, one thousand nine hundred and nine, and thereafter on the same Monday in every third year.
(3.)
Any question arising as to the regularity or validity of any ballot, or the voting thereat, shall be determined by the Minister in such manner as he thinks fit, and his decision shall be final.
(4.)
If an elective member of the Superannuation Board dies, or by notice in writing addressed to the Minister resigns his office, or ceases to be in the Education service, then in any such case his seat becomes vacant, and a successor shall be elected, who shall hold office only for the remainder of his predecessor’s term of office:
Provided that where the vacancy occurs within three months of the ordinary election a ballot shall not be taken, but in lieu thereof the Governor may appoint to the vacancy.
(5.)
Notice of the election or appointment of any member shall be gazetted.
Benefits of the Fund
232 Application of fund.
Ibid, sec. 11
The fund shall be held and applied for the benefit of the contributors in the manner and subject to the conditions hereinafter set forth.
233 Retirement at pension age.
Ibid, sec. 12
(1.)
Every male contributor who has attained or hereafter attains the age of sixty-five years shall retire from the Education service; and every such contributor who has attained or hereafter attains the age of sixty years may, at any time after the expiration of three months notice of his intention so to do, retire from such service.
(2.)
Every female contributor who has attained or hereafter attains the age of sixty years shall retire from the Education service; and every such contributor who has attained or hereafter attains the age of fifty years may, at any time after the expiration of three months’ notice of her intention so to do, retire from such service.
Amount of pension.
(3.)
On his retirement as aforesaid every contributor shall be entitled to receive from the fund an annual allowance for the rest of his life, computed as follows, namely:—
One-sixtieth part of the total salary paid during all the years of his contribution to the fund:
Provided that an original member shall be entitled to receive from the fund an additional annual allowance computed as follows, namely:—
One one-hundred-and-twentieth part of the total salary received by him during all the years of his service before the first day of January, one thousand nine hundred and six (being the date of the coming into operation of “The Teachers’ Superannuation Act, 1905”
):
Provided further that the total annual allowance payable to an original member shall in no case be less than the sum of fifty-two pounds.
234 Retiring medically unfit.
1905, No. 54, sec. 13 1906, No. 44, sec. 10
(1.)
Every contributor whose length of service does not exceed fifteen years who retires from the service on the ground of being medically unfit for further duty shall be entitled to receive from the fund the whole amount of his contributions without interest:
Provided that an original member whose length of service exceeds five years but does not exceed fifteen years shall be entitled to such additional amount, in one or more sums, as the Superannuation Board, having regard to the circumstances of each case, determines, but not exceeding in the whole one-twelfth part of the total salary received by him during all the years of his service before the first day of January, one thousand nine hundred and six (being the date of the coming into operation of “The Teachers’ Superannuation Act, 1905”
).
(2.)
Every contributor whose length of service exceeds fifteen years who retires medically unfit shall be entitled to receive from the fund such allowance as the Superannuation Board, having regard to the circumstances of each case, determines, either—
(a.)
An annual allowance for the rest of his life, not exceeding the total annual allowance to which he would have been entitled if he had retired under section two hundred and thirty-three hereof:
Provided that in the case of an original member such annual allowance shall not be less than the sum of fifty-two pounds: or
(b.)
Such sum or sums as the said Board determines; but the present value, at the time of the contributor’s retirement, of such sum or sums, at the rate of four per centum per annum, shall not exceed the present value of the total annual allowance computed in accordance with regulations.
(3.)
Every contributor who in accordance with the last preceding subsection retires medically unfit shall, on reaching the age of sixty-five in the case of a male contributor, or sixty years in the case of a female contributor, if he has received an annual allowance under paragraph (a) thereof, be entitled to receive thereafter a total annual allowance computed in the manner and subject to the provisions prescribed in section two hundred and thirty-three hereof; or, if he has received the sum or sums named in paragraph (b), he shall be entitled to receive the balance of his contributions without interest.
235 Voluntary retirement or dismissal.
1905, No. 54, sec. 14
(1.)
Every contributor who retires from the service voluntarily before attaining the age at which he is entitled to retire under section two hundred and thirty-three hereof, or who is dismissed from the service, shall be entitled to receive from the fund the whole amount of his contributions without interest.
Male contributors retiring at age fifty-five entitled to benefits of fund on certain conditions. 1906, No. 44, sec. 9
(2.)
Where any male contributor whose age is not less than fifty-five years, and whose length of service is not less than twenty-five years, retires from the Education service, he shall continue to be entitled to all the benefits of the fund if at the time of his retirement he pays into the fund a sum equal to the total amount of the contributions that would be payable by him until he reached the age of sixty years and three months, computed on the basis of the highest annual rate of salary received by him during the two years preceding his retirement:
Provided that he shall not be entitled to receive any retiring-allowance under the said section two hundred and thirty-three until he reaches the age of sixty years and three months.
236 Death of contributor not leaving a widow.
1905, No. 54, sec. 15 1906, No. 44, sec. 11
(1.)
On the death of any contributor, whether before or after he becomes entitled to a retiring-allowance, and not leaving a widow, there shall be paid from the fund to his legal personal representatives the whole amount of his contributions without interest, less any amounts received by him under this Part of this Act.
Leaving a widow.
(2.)
If he dies leaving a widow, there shall be paid from the fund to the widow eighteen pounds per annum, together with either—
(a.)
The amount of his contributions or the balance thereof as aforesaid; or
(b.)
The annuity which may be yielded in the fund by such contributions or balance, as the Superannuation Board in each case determines:
Provided that any allowance to the widow in excess of such contributions or balance shall cease on her remarriage or death.
Leaving children.
(3.)
If he dies leaving children, there shall be paid from the fund to or for the benefit of each child the additional sum of five shillings per week until such child attains the age of fourteen years.
237 Retiring-allowance to be paid monthly.
1905, No. 54, sec. 16
The retiring-allowance shall be paid by equal monthly instalments, the first instalment being payable one month after the date of the grantee’s retirement.
238 Grantee may elect to receive refund of contributions.
Ibid, sec. 17
The grantee may, on his retirement, or at any time before receiving his first instalment, elect to accept a sum equal to the whole amount of his contributions to the fund in lieu of his retiring-allowance, in which case he shall be entitled to receive such sum accordingly, but no further sum shall be payable under section two hundred and thirty-six hereof in the event of his death.
239 Payment of moneys to children or where no administration of estate of deceased contributor.
1906, No. 44, sec. 12
Where under this Act money is to be paid from the fund—
(a.)
To the legal representative of a deceased contributor of whose estate administration has not been obtained; or
(b.)
To or for the benefit of a child of a deceased contributor,—
such money may be paid to the Public Trustee, who shall apply it in terms of this Act, on such evidence as he deems sufficient; and his decision shall be final.
240 Return to duty after receiving retiring-allowance.
Ibid, secs. 13, 14
Where a contributor returns to duty while in receipt of a retiring-allowance granted under section two hundred and thirty-three hereof, or receives payment for services rendered by him while in receipt of such retiring-allowance to or for any of the bodies named in the definition of “service,”
then no more of such retiring-allowance shall be paid to him than what with the salary or other emolument paid to him is equal to that received by him on his retirement.
241 Retiring-allowance or instalment may be forfeited.
1905, No. 54, sec. 18 1906, No. 44, sec. 14
(1.)
In the case of a retiring-allowance being granted under section two hundred and thirty-four hereof to a male contributor before he has attained the age of sixty years, on the ground of his being medically unfit for further duty, such retiring-allowance, or any one or more instalments thereof, may be forfeited by the Superannuation Board if he fails to submit himself for further medical examination when required by that Board, or if, being reported medically fit to return to duty, and having in the opinion of that Board reasonable opportunity of so doing, he fails to do so; and in like manner in the case of a retiring-allowance granted under that section to a female contributor before she has attained the age of fifty years, on the ground of her being medically unfit for further duty.
Return to duty after being medically unfit.
(2.)
Where any such contributor returns to duty while in receipt of such retiring-allowance his allowance shall cease, and all his rights and liabilities under this Act as a contributor shall revive.
242 Retiring-allowance not alienable.
1905, No. 54, sec. 19
In no case shall any retiring-allowance or other money granted under this Part of this Act be in any way assigned, transferred, or be capable of being alienated from the grantee, either by his own act or by operation of law.
243 Where contributor has had deductions from his salary under any Civil Service Act.
Ibid, sec. 20
(1.)
Where any person who has had or is liable to have any part of his salary deducted under any Act relating to the Civil Service becomes a contributor, such deduction shall thereupon cease, and the moneys already deducted and remaining in the hands of the Public Trustee to his credit shall be invested for his benefit independently of the fund, and shall on his retirement be paid to him in addition to the benefits to which he is entitled under this Act.
Or has effected insurance on his life.
(2.)
Where any person who has effected a policy on his life under any Act relating to the Civil Service becomes a contributor he shall be entitled at his option to either—
(a.)
Keep the policy alive independently of this Act; or
(b.)
Have the surrender value of the policy paid to the Public Trustee to his credit to be invested for his benefit independently of the fund; or
(c.)
Receive a paid-up policy for an amount according to scale fixed by regulation, but subject to the same terms and conditions as the first-mentioned policy.
244 Rights of contributor who is in Civil Service.
Ibid, sec. 21 1906, No. 44, sec. 15
In the case of every contributor who is a member of the Civil Service the following special provisions shall apply:—
(a.)
His rights, whether absolute or contingent, under any Act relating to the Civil Service as regards claims for compensation or allowance for loss of office, or otherwise in respect thereof, shall be and the same are hereby preserved up to the first day of January, one thousand nine hundred and six (being the date of the coming into operation of “The Teachers’ Superannuation Act, 1905”
), from which date such rights shall cease to further accrue; and his compensation or allowance (if any) shall be calculated only on the basis of his employment in the Civil Service up to that date:
(b.)
He shall not be required to effect a policy on his life under any Act relating to the Civil Service, nor shall any deduction from his salary be made under any such Act.
245 Transfer of contributor to Government service.
1905, No. 54, sec. 22
(1.)
Where any contributor is transferred to any branch of the Government service he shall continue as a contributor under this Act, and shall be entitled to receive the benefits accruing hereunder in the same manner as if he had continued in the Education service.
Transfer to other services. 1906, No. 44, sec. 16
(2.)
Where a contributor leaves the service and becomes a professor or a lecturer in the service of a university college or of an agricultural college, or where a teacher who is a contributor leaves the Education service and becomes a teacher in a separate endowed school, he may elect to continue as a contributor, and if he so elects shall be entitled to receive the benefits accruing under this Act in the same manner as if he had remained in the Education service.
Length of service in certain cases.
(3.)
Where a contributor before becoming a contributor has been employed as a teacher in a separate endowed school, the years of his service under such separate endowed school shall be counted in his length of service in the same way, mutatis mutandis, as if he had been employed in the Education service.
246 Unpaid contributions.
Ibid, sec. 17
In the case of each contributor all his unpaid contributions shall be a first charge on the benefits to which he or those claiming under him may be entitled under this Part of this Act; and shall be deducted accordingly.
247 Government guarantee of any deficiency in fund.
1905, No. 54, sec. 24
In the event of the fund at any time being unable to meet the charges upon it, and as often as such occurs, the following special provisions shall apply:—
(a.)
The Superannuation Board shall forthwith report the fact to the Minister of Finance, setting forth the amount of deficiency and the causes thereof.
(b.)
The Minister of Finance, upon being satisfied that the deficiency exists, and that provision is necessary therefor, shall, without further appropriation than this Act, pay into the fund out of the Consolidated Fund a sum sufficient to meet the deficiency.
(c.)
The said Board’s report, together with a statement by the Minister of Finance of his action thereon, shall be laid before Parliament within ten days after the receipt of the report if sitting, or if not, then within ten days after the commencement of the next ensuing session thereof.
248 Accounts and balance-sheet.
Ibid, sec. 25
(1.)
The Superannuation Board shall keep full and correct accounts of all moneys received and expended, and of all credits and liabilities, and shall within twenty-eight days after the thirty-first day of March in every year cause to be prepared a balance-sheet for the year, together with a statement of receipts and expenditure for the year.
(2.)
Such balance-sheet and statement of accounts, after being audited by the Audit Office, shall, within ten days after the completion of the audit, be laid by the Minister before Parliament if sitting, or if not, then within ten days after the commencement of the next ensuing session, and a copy thereof shall be sent to each contributor.
249 Actuarial examination of fund.
1905, No. 54, sec. 26
(1.)
For the period ending the thirty-first day of March, one thousand nine hundred and eleven, and for each quinquennial period thereafter, an actuarial examination of the fund shall be made by an actuary appointed by the Governor.
(2.)
The actuary shall set forth the result of such examination in a report, which shall be so prepared as to show the state of the fund at the close of the period, and its expectant state at the close of the next ensuing quinquennial period, having regard to the prospective receipts and charges during such period.
(3.)
The Superannuation Board shall cause such report to be printed, and a copy thereof to be supplied to each contributor.
(4.)
A copy of such report shall, within ten days after it is received, be laid before Parliament if sitting, or if not, then within ten days after the commencement of the next ensuing session.
250 Scheme may be modified.
Ibid, sec. 27
The rights and benefits provided for by this Part of this Act shall be subject to all such modifications as may be provided by any Act hereafter passed in amendment or repeal of this Act:
Provided that nothing in this section shall affect any payments actually made to, or any rights acquired by, any contributor or other person under this Part of this Act prior to the passing of such amending or repealing Act; and the basis of the settlement of the claims of any contributor under this section shall be the total amount of the contributions of such contributor, together with interest at the rate of three per centum per annum.
251 Regulations.
Ibid, sec. 28
The Governor may from time to time, by Order in Council gazetted, make such regulations as he thinks necessary for any of the following purposes:—
(a.)
Prescribing the manner of election and the. powers, functions, and procedure of the Superannuation Board; and
(b.)
Generally prescribing whatever else he thinks necessary in order to give full effect to this Part of this Act.
SCHEDULES
FIRST SCHEDULE Enactments consolidated
1904, No. 20.—“The Education Acts Compilation Act. 1904”
: Including “The Education Act, 1904.”
1904, No. 45.—“The Education Act Amendment Act, 1904.”
1905, No. 38.—“The Taranaki Scholarships Act, 1905.”
1905, No. 45.—“The Education Act Amendment Act, 1905.”
1905, No. 54.—“The Teachers’ Superannuation Act, 1905.”
1906, No. 44.—“The Teachers’ Superannuation Act Amendment Act, 1906.”
1907, No. 47.—“The Education Act Amendment Act, 1907”
: Except section 25.
SECOND SCHEDULE
Section 8. 1904, No. 20, Second Schedule.
Education District of Auckland
All that area in New Zealand, being the Counties of Mongonui, Whangaroa, Ohinemuri, Hokianga, Bay of Islands. Hobson, Whangarei, Otamatea, Rodney, Waitemata, Eden, Manukau, Raglan, Waikato, Waipa, Coromandel, Thames, Piako, Tauranga, Whakatane, Opotiki, Rotorua, East Taupo, West Taupo, Awakino, Waitomo, and Kawhia, and including all boroughs and town districts therein.
Education District of Taranaki
All that area in New Zealand, being the Counties of Taranaki, Clifton, Stratford, Whangamomona, and Egmont, and including all boroughs and town districts therein.
Education District of Wanganui
All that area in New Zealand, being the Counties of Eltham, Hawera, Patea, Waitotara, Wanganui, Waimarino, Rangitikei, Oroua, Kairanga, Kiwitea, Pohaugina, and Manawatu, and including all boroughs and town districts therein.
Education District of Hawke’s Bat
All that area in New Zealand, being the Counties of Waiapu, Cook, Wairoa, Hawke’s Bay, Waipawa, Waipukurau, Dannevirke, Patangata, Weber, and Woodville, and including all boroughs and town districts therein.
Education District of Wellington
All that area in New Zealand, being the Counties of Pahiatua, Mauriceville, Akitio, Eketahuna, Masterton, Castlepoint, Wairarapa South, Featherston, Makara, Hutt, and Horowhenua, and including all boroughs and town districts therein.
Education District of Marlborough
All that area in New Zealand, being the Counties of Sounds and Marlborough, and including all boroughs and town districts therein.
Education District of Nelson
All chat area in New Zealand, being the Counties of Waimea, Collingwood, Takaka, Buller, and Inangahua, and including all boroughs and town districts therein.
Education District of Gret
All that area in New Zealand, being the County of Grey, and including all boroughs and town districts therein.
Education District of Westland
All that area in New Zealand, being the County of Westland, and including all boroughs and town districts therein.
Education District of North Canterbury
All that area in New Zealand, being the Counties of Kaikoura, Amuri, Cheviot, Ashley, Akaroa, Mount Herbert, Selwyn, and Ashburton, and including all boroughs and town districts therein.
Education District of South Canterbury
All that area in New Zealand, being the Counties of Geraldine, Mackenzie, Levels, and Waimate, and including all boroughs and town districts therein.
Education District of Otago
All that area in New Zealand, being the Counties of Waitaki, Waihemo, Vincent, Maniototo, Waikouaiti, Taieri, Peninsula, Bruce, Tuapeka, and Clutha, and including all boroughs and town districts therein.
Education District of Southland
All that area in New Zealand, being the Counties of Lake, Southland, Fiord, Wallace, and Stewart Island, and including all boroughs and town districts therein.
THIRD SCHEDULE
Section 25. 1904, No. 20, Third Schedule.
Declaration
I, A. B., Returning Officer for the election of members of the Education Board [or scrutineer for C. D., a candidate at the present election of members of the Education Board], do solemnly declare that I will, to the best of my skill and judgment, faithfully and impartially perform the duties of my said office, and will not, directly or indirectly, disclose any fact coming to my knowledge at such election the disclosure of which is declared by “The Education Act, 1908,”
to be an offence.
A. B.
Returning Officer [or Scrutineer].
Declared and signed before me at , this day of , 19 .
E. F.,
Justice of the Peace [or Chairman, or Returning Officer, as the case may be].
FOURTH SCHEDULE
Sections 57, 58, 88. 1905, No. 45, Schedule. 1907, No. 47, sec. 21.
Part I Mixed Schools
A “mixed school”
is a school to which all boys and girls of school age are admitted.
Scale of Staff’s and Salaries
| Grade. | Average Attendance. | Head or Sole Teacher. | Assistants. | Number of Pupil-teachers | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 0 | 1–16 | £6 per head | |||||||||||||
| £ | £ | £ | £ | £ | £ | £ | £ | £ | £ | £ | £ | £ | |||
| 1 | 16–20 | 110 | |||||||||||||
| 2 | 21–25 | 130 | |||||||||||||
| 3 | 26–32 | 144 | |||||||||||||
| 4 | 33–40 | 160 | |||||||||||||
| 5 | 41–50 | 165 | 85 | ||||||||||||
| 6 | 51–60 | 180 | 90 | ||||||||||||
| 7 | 61–75 | 195 | 95 | ||||||||||||
| 8 | 76–90 | 215 | 100 | ||||||||||||
| 9 | 91–120 | 225 | 105 | 1 | |||||||||||
| 10 | 121–150 | 235 | 110 | 2 | |||||||||||
| 11 | 151–200 | 250 | 130 | 115 | 2 | ||||||||||
| 12 | 201–250 | 265 | 160 | 120 | 105 | 2 | |||||||||
| 13 | 251–280 | 275 | 175 | 125 | 115 | 3 | |||||||||
| 14 | 281–330 | 290 | 190 | 130 | 125 | 100 | 3 | ||||||||
| 15 | 331–390 | 300 | 205 | 135 | 135 | 110 | 90 | 3 | |||||||
| 16 | 391–420 | 310 | 215 | 145 | 140 | 115 | 105 | 4 | |||||||
| 17 | 421–480 | 320 | 225 | 155 | 145 | 125 | 110 | 85 | 4 | ||||||
| 18 | 481–510 | 330 | 235 | 165 | 150 | 135 | 115 | 95 | 5 | ||||||
| 19 | 511–570 | 340 | 235 | 170 | 155 | 145 | 120 | 105 | 85 | 5 | |||||
| 20 | 571–600 | 350 | 235 | 175 | 160 | 150 | 125 | 110 | 95 | 6 | |||||
| 21 | 601–660 | 360 | 240 | 180 | 170 | 155 | 130 | 110 | 105 | 85 | 6 | ||||
| 22 | 661–690 | 365 | 240 | 190 | 180 | 160 | 135 | 120 | 110 | 95 | 7 | ||||
| 23 | 691–750 | 370 | 240 | 195 | 185 | 165 | 140 | 125 | 115 | 100 | 85 | 7 | |||
| 24 | 751–780 | 375 | 245 | 200 | 190 | 170 | 145 | 130 | 120 | 105 | 95 | 8 | |||
| 25 | 781–840 | 380 | 245 | 205 | 195 | 175 | 150 | 135 | 125 | 110 | 100 | 85 | 8 | ||
| 26 | 841–870 | 385 | 245 | 205 | 195 | 175 | 155 | 135 | 125 | 115 | 105 | 90 | 9 | ||
| 27 | 871–930 | 390 | 250 | 210 | 200 | 180 | 160 | 140 | 130 | 120 | 110 | 95 | 85 | 9 | |
| 28 | 931–960 | 395 | 250 | 210 | 200 | 180 | 160 | 140 | 130 | 120 | 110 | 100 | 90 | 10 | |
| 29 | 961–1,020 | 400 | 250 | 210 | 200 | 180 | 160 | 140 | 130 | 120 | 110 | 105 | 95 | 85 | 10 |
| 30 | Over Over 1,020, as for grade 29, with an additional pupil-teacher for each additional 30 or part of 30 in average attendance. | ||||||||||||||
The above scale is subject to the following modifications and conditions:—
(a.)
The number of male assistants in any school must not exceed the number of female assistants.
(b.)
At least one out of the first three assistants in any school must be a woman.
(c.)
At least three out of the first six assistants in any school must be women.
(d.)
An assistant at £90 may be substituted for two pupil-teachers.
(e.)
Instead of appointing a pupil-teacher, a Board may add £45 to the salary of a certificated assistant.
(f.)
Two pupil-teachers may be substituted for an assistant.
(g.)
Not more than two of the changes (e) and (f) shall be allowed in any school.
(h.)
A deduction of 10 per cent. from the salary as prescribed above shall be made in the case of every uncertificated head or sole teacher or assistant, and of 5 per cent. in the case of every head or sole teacher or assistant who is the holder of a temporary certificate or of a license to teach; but in either case not so as to reduce the annual salary below £85.
Salaries of Pupil-teachers
(According to Year of Service, as prescribed by Regulations.)
First year, £25, with allowance of £20 if obliged to live away from home.
Second year, £35, with allowance of £15 if obliged to live away from home.
Third year, £45, with allowance of £10 if obliged to live away from home.
Fourth or fifth year, £55, with allowance of £5 if obliged to live away from home.
Part II Separate Schools
A “separate school”
is a separate school with more than 200 and not more than 600 children in average attendance.
A “separate boys’ school”
is a separate school to which there are admitted boys belonging to any of the standard classes, or to any of the standard classes above Standard I or above Standard II, hut no other pupils.
A “separate girls’ school”
is a separate school to which there are admitted girls belonging to any of the standard classes, or to any of the standard classes above Standard I or above Standard II, but no other pupils.
A “separate infants’ school”
is a separate school to which there are admitted all boys or girls belonging to classes not higher than Standard I or Standard II.
Scales of Staffs and Salaries
| Average Attendance. | Head Teacher. | Assistants. | Number of Pupil-teachers. | ||||||
|---|---|---|---|---|---|---|---|---|---|
| Separate Boys’ Schools. | |||||||||
| £ | £ | £ | £ | £ | £ | £ | £ | ||
| 201–250 | 265 | 200 | 160 | 125 | 2 | ||||
| 251–280 | 275 | 210 | 165 | 130 | 3 | ||||
| 281–330 | 290 | 215 | 170 | 135 | 110 | 3 | |||
| 331–390 | 300 | 220 | 175 | 140 | 115 | 105 | 3 | ||
| 391–420 | 310 | 225 | 180 | 145 | 120 | 105 | 4 | ||
| 421–480 | 320 | 230 | 185 | 150 | 125 | 110 | 105 | 4 | |
| 481–510 | 330 | 235 | 190 | 155 | 130 | 110 | 105 | 5 | |
| 511–570 | 340 | 240 | 195 | 160 | 135 | 115 | 110 | 105 | 5 |
| 571–600 | 350 | 240 | 200 | 165 | 140 | 120 | 110 | 105 | 6 |
| Separate Girls’ Schools. | |||||||||
| 201–250 | 205 | 155 | 110 | 90 | 2 | ||||
| 251–280 | 220 | 165 | 115 | 95 | 3 | ||||
| 281–330 | 235 | 170 | 120 | 100 | 80 | 3 | |||
| 331–390 | 250 | 175 | 125 | 105 | 90 | 85 | 3 | ||
| 391–420 | 260 | 180 | 130 | 110 | 90 | 85 | 4 | ||
| 421–480 | 270 | 185 | 135 | 110 | 95 | 90 | 85 | 4 | |
| 481–510 | 280 | 190 | 140 | 120 | 100 | 90 | 85 | 5 | |
| 511-570 | 290 | 195 | 145 | 125 | 105 | 95 | 90 | 85 | 5 |
| 571–600 | 300 | 200 | 150 | 130 | 110 | 100 | 90 | 85 | 6 |
| Separate Infants’ Schools. | |||||||||
| 201–250 | 180 | 130 | 90 | 85 | 2 | ||||
| 251–280 | 190 | 135 | 95 | 85 | 3 | ||||
| 281–330 | 195 | 140 | 100 | 90 | 80 | 3 | |||
| 331–390 | 200 | 145 | 105 | 95 | 90 | 85 | 3 | ||
| 391–420 | 205 | 150 | 110 | 100 | 90 | 85 | 4 | ||
| 421–480 | 210 | 155 | 115 | 105 | 95 | 90 | 85 | 4 | |
| 481–510 | 215 | 160 | 120 | 110 | 100 | 90 | 85 | 5 | |
| 511–570 | 220 | 165 | 125 | 115 | 105 | 95 | 90 | 85 | 5 |
| 571–600 | 225 | 170 | 130 | 120 | 110 | 100 | 90 | 85 | 6 |
These scales are subject to the modifications and conditions specified in paragraphs (d), (e), (f), and (g) of Part I of this Schedule.
The salaries payable to pupil-teachers shall be such as are specified in Part I of this Schedule.
Part III Side Schools
A “main school”
is a mixed school or a separate school to which a side school is attached.
A “side school”
is a school attached to a main school and distant more than a quarter of a mile but not more than three miles therefrom, to which there are admitted pupils only up to a class not higher than Standard IV or up to an age not higher than eleven.
s
In the case of a main school with a side school or schools, in computing the staff and salaries the average attendance at the main school and the side school or schools shall be added together; but for each side school either an assistant at £90 may be substituted for a pupil-teacher, or a pupil-teacher may be added to the combined staff, at the discretion of the Board; nevertheless, a pupil-teacher shall not be placed in charge of a side school.
Part IV Separate Boys’ and Girls’ Departments
If the average attendance exceeds 660 in any mixed school in which boys and girls are taught in separate departments, in each such department an assistant at £90 may be substituted for a pupil-teacher, or a pupil-teacher may be added to the staff, at the discretion of the Board.
Part V Part-time Schools
A “part-time school”
is one of a group of schools taught by the same teacher, each school being situated in general at least three miles by the nearest road from any other school of the same group, and being open for not less than eight hours a week on the average, all the schools of the group being open for not less than twenty hours a week in the aggregate.
In estimating salaries all the schools of a group consisting of two or more part-time schools shall be counted as one school, the totals of the average attendance at the several schools of the group being added together; and if the teacher of such group of part-time schools is required by the Education Board to teach on six days during the week (provided he teaches in general for at least twenty-four hours in each week), his salary shall be increased by one-fifth of the salary shown in Part I hereof.
Part VI Secondary Departments of District High Schools
Scale of Staff and Salaries
| Average Attendance of Secondary Department. | Salaries payable to the Teachers in the Secondary Department. | Amount payable to Head Teacher. | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| £ | £ | £ | £ | £ | £ | £ | £ | £ | £ | |
| 12–20 | 150 | 20 | ||||||||
| 21–30 | 180 | 30 | ||||||||
| 31–50 | 190 | 125 | 40 | |||||||
| 51–70 | 200 | 135 | 45 | |||||||
| 71–105 | 220 | 165 | 135 | 50 | ||||||
| 106–140 | 230 | 180 | 150 | 135 | 55 | |||||
| 141–175 | 240 | 190 | 165 | 150 | 135 | 60 | ||||
| 176–210 | 250 | 200 | 180 | 165 | 150 | 135 | 60 | |||
| 211–245 | 260 | 210 | 190 | 180 | 165 | 150 | 135 | 60 | ||
| 246–280 | 270 | 220 | 200 | 190 | 180 | 165 | 150 | 135 | 60 | |
| 281–315 | 280 | 230 | 210 | 200 | 190 | 180 | 165 | 150 | 135 | 60 |
There shall be no pupil-teachers in the secondary department of a district high school.
FIFTH SCHEDULE House Allowances to Head or Sole Teachers
Section 59. 1904, No. 45, Second Schedule.
| For schools with average attendance— | £ | |||
|---|---|---|---|---|
| Over | 8 | and not over | 20 | 10 |
| ” | 20 | ” | 50 | 20 |
| ” | 50 | ” | 150 | 30 |
| ” | 150 | ” | 250 | 35 |
| ” | 250 | ” | 420 | 40 |
| ” | 420 | ” | 50 | |
SIXTH SCHEDULE Taranaki Scholarships Endowment
Section 78. 1905, No. 38, Schedule.
Carlyle and Opaku Survey Districts
| Section. | Block. | District. | Area. | ||
|---|---|---|---|---|---|
| A. | R. | P. | |||
| 22 | IV | Carlyle | 195 | 0 | 0 |
| 23 | ” | ” | 225 | 2 | 0 |
| 24 | ” | ” | 250 | 0 | 0 |
| 25 | ” | ” | 475 | 0 | 0 |
| 27 | ” | ” | 455 | 0 | 4 |
| 37 | ” | ” | 237 | 0 | 0 |
| 1 | XIV | Opaku | 533 | 1 | 0 |
| 2 | V | Carlyle | 300 | 0 | 0 |
| 1 | ” | ” | 350 | 0 | 0 |
| 1 | XV | Opaku | 420 | 0 | 0 |
| 2 | ” | ” | 1,038 | 0 | 0 |
| 3 | ” | ” | 1,065 | 0 | 0 |
| 4 | ” | ” | 999 | 0 | 0 |
| 5 | ” | ” | 660 | 0 | 0 |
| 6 | ” | ” | 970 | 0 | 0 |
| 7 | ” | ” | 23 | 0 | 0 |
| 1 | XI | ” | 654 | 0 | 0 |
| 1 | XII | Opaku | 719 | 1 | 29 |
SEVENTH SCHEDULE Scale of Grants to High Schools and Secondary Schools
Section 93. 1904, No. 20, Seventh Schedule.
| Net Annual Income from Endowments per Head of Total Roll. | Grant payable on each Free Pupil. | |||
|---|---|---|---|---|
| £ | £ | s. | d. | |
| Over | 16 | 4 | 0 | 0 |
| ” | 15 | 4 | 5 | 0 |
| ” | 14 | 4 | 10 | 0 |
| ” | 13 | 4 | 15 | 0 |
| ” | 12 | 5 | 0 | 0 |
| ” | 11 | 5 | 5 | 0 |
| ” | 10 | 5 | 10 | 0 |
| ” | 9 | 5 | 15 | 0 |
| ” | 8 | 6 | 0 | 0 |
| ” | 7 | 6 | 10 | 0 |
| ” | 6 | 7 | 0 | 0 |
| ” | 5 | 7 | 10 | 0 |
| ” | 4 | 8 | 0 | 0 |
| ” | 3 | 8 | 10 | 0 |
| ” | 2 | 9 | 5 | 0 |
| ” | 1 | 10 | 0 | 0 |
| Not over | 1 | 10 | 15 | 0 |
But the grants payable under section 93 shall in no case be less than £6 for every free place given in excess of the free places required to be given under section 91.
The total roll for the purpose of this Schedule shall be the total number of pupils attending the school, exclusive of the pupils in any preparatory department.
EIGHTH SCHEDULE Existing Endowed Secondary Schools
Section 89. 1904, No. 20, Eighth Schedule.
| Auckland Grammar School. | Greymouth High School. |
| Auckland Girls’ High School. | Hokitika High School. |
| Whangarei High School. | Christchurch Boys’ High School. |
| Thames High School. | Christchurch Girls’ High School. |
| Gisborne High School. | Rangiora High School. |
| Napier High Schools. | Akaroa High School. |
| New Plymouth High School. | Ashburton High School. |
| Wanganui Girls’ College. | Timaru High Schools. |
| Wellington College. | Waimate High School. |
| Wellington Girls’ High School. | Waitaki High Schools. |
| Marlborough High School. | Otago Boys’ and Girls’ High Schools. |
| Nelson College | Southland Boys’ and Girls’ High Schools. |
NINTH SCHEDULE Nomination of Member of School Committee
Section 111(2). Ibid, Ninth Schedule.
To the Chairman of the School Committee.
I, the undersigned, hereby nominate [Christian name and surname of candidate] for election as a member of the above School Committee for the ensuing year.
[Signature of nominator.]
I hereby consent to the above nomination.
[Signature of candidate.]
Dated April, 19 .
TENTH SCHEDULE Notice to Parent to send Child to School
Section 152(1). Ibid, Tenth Schedule.
To A B.
You are hereby required to send your child, C. D., between the ages of seven and fourteen years to a public school.
You are entitled to a certificate exempting you from sending your said child to school if you satisfy the School Committee of the school district in which the child resides, or the Chairman and one other member of such Committee, or the head teacher of any public school in such district, of the existence of any of the following grounds:—
(1.)
That the total distance that the child would be required to walk from his place of residence to the school, or from his place of residence to the railway or other public conveyance and from the railway or other public conveyance to the school, is more than two miles if the child is under ten years of age, or three miles in any other case, the distance being estimated by the nearest road; or
(2.)
That the child is under efficient and regular instruction elsewhere; or
(3.)
That the child is prevented from attending school by sickness, danger of infection, temporary or permanent infirmity, or other sufficient cause; or
(4.)
That the road by which the child would have to travel to school is not sufficiently passable; or
(5.)
That the child holds a certificate as prescribed by regulations under “The Education Act, 1908,”
that he has reached a standard of education prescribed by such regulations as the standard of exemption.
If after this notice you fail to send your said child to school within seven days, and do not obtain a certificate of exemption as herein mentioned, you will be liable to a penalty not exceeding two pounds and not less than five shillings; and the payment of such penalty will be no bar to further proceedings in case of further neglect.
E. F., Truant Officer
[or Chairman of School Committee].
Dated this day of , 19 .
[To be printed on Back of Notice.]
Affidavit of Service
I , of , make oath and say that I duly served a notice, of which a copy is within written, upon , the person to whom the same was directed, by delivering the same to the within-named personally [or by leaving the same for him at his house with , an inmate thereof appearing to be above the age of fourteen years, or by posting the same by registered letter addressed to him at his usual or last known place of abode] on the day of , 19 .
[Signature.]
Taken and sworn at , before me, this day of , 19 .
G. H.,
A Justice of the Peace for New Zealand.
ELEVENTH SCHEDULE
Section 177. 1904, No. 20, Eleventh Schedule.
Part I Secondary Schools
| The Auckland Grammar School. | The Hokitika High School. |
| The Auckland Girls’ High School. | The Christchurch Boys’ High School. |
| The Whangarei High School. | The-Christchurch Girls’ High School. |
| The Thames High School. | The Rangiora High School. |
| The Gisborne High School. | The Akaroa High School. |
| The Napier High Schools. | The Ashburton High School. |
| The New Plymouth High School. | The Timaru High Schools. |
| The Wanganui Girls’ College. | The Waimate High School. |
| The Wellington College. | The Waitaki High Schools. |
| The Wellington Girls’ High School. | The Otago Boys’ and Girls’ High Schools. |
| The Marlborough High School. | |
| The Nelson College. | The Southland Boys’ and Girls’ High Schools. |
| The Greymouth High School. |
Part II University Colleges.
| The Auckland University College. | The Canterbury College. |
| The Victoria College. | The University of Otago. |
TWELFTH SCHEDULE
Sections 177, 183. Ibid, Twelfth Schedule.
Part I Existing School, Special, and College Classes
All school and special classes in existence at 30th June, 1900, and established by Boards of Education, or by School Committees, or Committees of District High Schools under a Board of Education as the controlling authority; and also the following college classes—that is to say, the Christchurch School of Art and the Christchurch School of Engineering under Canterbury College as the controlling authority, and the Dunedin School of Minos under the University of Otago as the controlling authority.
Part II Existing Associated Classes
| Auckland Technical Classes. | Christchurch School of Domestic Instruction. |
| Elam School of Art. | |
| Masterton Technical School. | Dunedin Technical Classes. |
| Invercargill Technical Classes. |
THIRTEENTH SCHEDULE
Section 207. 1904, No. 20, Thirteenth Schedule.
Notice of Appeal
To the Chairman of the Education Board of the District of.
Take notice that I [Teacher’s full name], of , hereby appeal under the provisions of Part VIII of “The Education Act, 1908,”
against the decision of the Board, dated the day of , 19 , dismissing [or suspending, as the case may be] me from my occupation as teacher at the Public School. The following are the grounds on which I rely: [Here state grounds of appeal].
Dated at , this day of , 19 .
A. B., Teacher.
Memorandum [at foot of Notice of Appeal]
The [Name of corporation] hereby nominates C. D., of [Address], as one of the members of the Court for the purposes of this appeal, and also undertakes to pay whatever costs may be awarded against the appellant.
As witness the common seal of the [Name of corporation], at , this day of , 19 .
(L.S.)
E. F. [Designation of office].
G. H. [Designation of office].
I hereby consent to act as member of the Court for the purposes of this appeal.
C. D.
FOURTEENTH SCHEDULE Statement in Reply
Section 208. Ibid, Fourteenth Schedule.
To A.B.
The following is the statement in reply by the Education Board of the District of , as respondent, to your notice of appeal under the provisions of Part VIII of “The Education Act, 1908”
: [Here state reasons for dismissal, &c.].
And take notice that the Board hereby nominates I. J., of , as one of the members of the Court for the purposes of this appeal.
Dated at , this day of , 19 .
K. L.,
Chairman [or Secretary] of the Board.
I hereby consent to act as member of the Court for the purposes of this appeal
I. J.