Pursuant to section 105A of the Education Act 1989
("the Act"), I hereby give the following notice.
N o t i c e
1. The board of trustees of Te Kura Mana Maori o Maraenui shall be known as Te Poari o Te Kura Mana Maori o Maraenui ("the board").
2. The board, hereafter referred to as the poari, shall be constituted as follows:
(a) Up to 12 trustees appointed by the kai-kokiri kaupapa ("KK") as parent representatives (refer paragraph 5) following the process set out in this notice;
(b) the principal of Te Kura Mana Maori o Maraenui;
(c) one staff representative appointed by the kai-kokiri kaupapa following the process set out in this notice; and
(d) up to five trustees co-opted by the poari or appointed by a body corporate approved by the poari. There shall not be more than 14 trustees at any one time and co-option/appointment shall only be available if there are fewer than 12 parent representatives.
3. In accordance with section 94C of the Act, the poari may not have more trustees co-opted or appointed by a body corporate than parent representatives.
4. The appointment of parent representatives and the staff representative on the poari shall be managed by a person appointed by the poari. This person, known as the kai-kokiri kaupapa ("KK"), shall not be considered for selection as a representative of the parent community or the staff on the poari and shall not be the principal.
5. The KK shall appoint parent representatives on the recommendation of a hui of parents of students enrolled at Te Kura Mana Maori o Maraenui and the school community ("parent/community hui"). The school community shall be defined as te hunga tawharau o te kaupapa o te kura1. Parents are those persons defined in section 92(1) of the Act.
6. The KK shall appoint a staff representative on the recommendation of a hui of board staff of Te Kura Mana Maori o Maraenui ("staff hui"). Board staff are those current staff that are permanently employed or have worked for the poari for two months or more.
7. The KK shall fix dates for two hui to be held in
May 2008 (parent/community hui and the staff hui). The appointment of the first trustees under this notice shall
take place following these hui.
8. Two hui (parent/community hui and the staff hui) must be held every election year (as defined in section 92 of the Act) after 2008. The hui dates shall be set by the KK and shall be between 1 February and the third Tuesday in May.
9. The parent/community hui shall recommend up
to 12 people to be appointed to the poari. The staff hui
shall recommend one person to be appointed to the poari.
10. Board staff may not be appointed as parent representatives and may not participate in both the staff hui and parent/community hui. Board staff who have opted to participate in the parent/community hui are not eligible
to be appointed as the staff representative.
11. If a board staff member is also eligible to participate in the parent/community hui, they may opt to participate in that hui instead of the staff hui. Board staff must make this decision known, in writing, to the KK at least seven days before the earliest hui in an election year. If no preferred option is made, board staff shall participate only in the staff hui. Board staff may only participate in one type of hui between the main hui in election years unless their eligibility status changes.
12. Following a hui, the KK shall appoint trustees in accordance with the recommendation of the hui.
13. The term of office for the parent and staff representatives shall commence on the day after that on which they are appointed and shall end at the close of the day before the day on which new representatives are appointed in an election year after 2008.
14. All current elected, co-opted and selected trustees on the board of trustees of Te Kura Mana Maori o Maraenui shall leave office at the end of the day before the day on which the new trustees take office in 2008.
15. If a casual vacancy for a staff representative occurs,
the poari shall appoint a KK as soon as practicable to run
a staff hui. The KK shall then appoint a replacement staff representative on the recommendation of the hui for the remainder of the departing trustee's term of office.
16. If a casual vacancy for a parent representative arises, then the poari must:
(a) subject to paragraphs 17 and 18, resolve not to fill the vacancy and the vacancy shall cease to exist; or
(b) appoint a KK who shall call a parent/community
hui in accordance with paragraph 5 and appoint
a replacement parent representative on the recommendation of the hui for the remainder of
the departing trustee's term of office.
17. If the effect of not filling a casual vacancy for
a parent representative would be to leave the poari
with fewer parent representatives than trustees co-opted by the poari or appointed by a body corporate, then the
poari must appoint a KK to call a hui in accordance
with paragraph 5. The KK shall then appoint a replacement parent representative on the recommendation of the hui
for the remainder of the departing trustee's term of office.
18. The poari may choose to leave any casual vacancy
open, by not appointing a KK, if the vacancy occurred
after 1 October in the year before an election year.
19. Subject to paragraphs 2 and 3, the poari may co-opt trustees.
20. Subject to paragraphs 2 and 3, the poari may grant
a body corporate the right to appoint trustees. The poari
may revoke any right of appointment granted without
notice and the right to appoint shall cease immediately.
21. The term of office for trustees co-opted or appointed
by an approved body corporate shall be for a term not exceeding three years. The resolution co-opting a trustee
or granting the right to appoint may specify a shorter term
of office.
22. The KK is responsible for:
(a) notifying the parent and school community and the staff of the details of any relevant hui; and
(b) establishing the lists of the parents and the staff and ensuring all the parents and staff participating in
the hui are eligible to do so and are not in breach
of paragraph 11; and
(c) keeping a list of those who attend any hui; and
(d) obtaining written confirmation from those recommended by the hui that they wish to be
a trustee and are not ineligible to be trustees
under sections 103 and 103A of the Act; and
(e) taking responsibility for the way in which persons to be recommended by the hui are identified; and
(f) notifying the poari, the Secretary for Education (or authorised representative) and the public of those who have been appointed as parent and staff representatives on the poari.
23. The poari may claim reimbursement for the same expenses as would be paid to a board of trustees for
the conduct of an election including fees for the KK (in the role akin to returning officer) in accordance with guidelines that are current at the time.
24. A trustee's office on the poari becomes vacant in the circumstances set out in section 104 of the Act.
25. Changes to the constitution of the board shall be subject to the approval of the Minister of Education and must be notified in the New Zealand Gazette.
This notice shall take effect on the day after its notification in the New Zealand Gazette.
Dated at Wellington this 21st day of April 2008.
HON CHRIS CARTER, Minister of Education.
1 Te hunga tawharau conveys the meaning of the group of persons sheltered by, in this case, the character or philosophy of this kura (or who support the kura by sharing its kaupapa - Te Whanau-a-Apanuitanga). This group can include koroua, kuia, whanau of students. "He kanohi i kitea" (a person who actively supports the philosophy of the kura).