Notice Type
Departmental
Notice Title

Alternative Constitution for the Board of Trustees of Te Kura o Torere (1645), Opotiki

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 o Torere shall be known as Nga Pou o Te Kura o Torere ("Nga Pou").
2. The board, hereafter referred to as Nga Pou, shall be constituted as follows:
(a) Seven trustees appointed as parent representatives (refer paragraph 5) following the process set out in this notice;
(b) the principal of Te Kura o Torere;
(c) one staff representative appointed following the process set out in this notice; and
(d) up to six trustees co-opted by Nga Pou or appointed by a body corporate approved for the time being by Nga Pou.
3. Section 94C of the Act shall apply to Nga Pou.
4. The appointment of parent representatives and the staff representative on Nga Pou shall be managed by a Candidate Selection Facilitator (CSF) appointed by Nga Pou. This person shall not be considered for appointment as a representative of the parent community or the staff on Nga Pou and shall not be the principal.
5. The CSF shall appoint parent representatives on the recommendation of those present at a hui of parents of students enrolled at Te Kura o Torere, Nga Uri o Ngai
Tai (descendants of the Ngai Tai tribe) and the
school community (parent/community hui). The school community shall be defined as all families resident within the boundaries of Ngai Tai, being Te Wai Puna (Hawai)
in the east, Rutaia (Awaawakino) in the west, Te Tihi o Kapuarangi ki Uta in the north and Takaputahi ki Rawea in the south. Parents are those persons defined in section 92(1) of the Act
6. The CSF shall appoint a staff representative from amongst and on the recommendation of those present at
a hui of board staff of Te Kura o Torere ("staff hui"). Board staff are those current staff who are permanently employed or have worked for Nga Pou for two months or more.
7. The board shall fix dates for the two hui to be held between 1 February 2010 and 12 May 2010 (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) from 2010. The hui dates shall be set by Nga Pou and shall be within the time specified in the Act for elections.
9. The parent/community hui shall select seven people to be appointed to Nga Pou. The staff hui shall select one person to be appointed to Nga Pou.
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 CSF 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 CSF 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 every election year from and including 2010.
14. All current elected, co-opted and selected trustees on the board of Te Kura o Torere shall leave office at the end of
the day before the day on which the new trustees take office in 2010.
15. If a casual vacancy for the staff representative occurs, Nga Pou shall appoint a CSF as soon as practicable to run
a staff hui on a date set by Nga Pou. The CSF shall then appoint a replacement staff representative from amongst and on the recommendation of those present at the hui for the remainder of the departing trustee's term of office.
16. If a casual vacancy for a parent representative arises, then Nga Pou must:
(a) subject to paragraph 14, resolve to select, within six weeks of the position becoming vacant, another eligible person to fill the vacancy; or
(b) appoint, within six weeks of the position becoming vacant, a CSF who shall call a parent/community
hui in accordance with paragraph 4 and appoint
a replacement parent representative from amongst and on the recommendation of those present at the hui for the remainder of the departing trustee's term of office.
17. Nga Pou may not resolve to fill a casual vacancy by selection if the effect would be that the number of parent representatives appointed following a hui is less than or equal to the number of parent representatives who have been selected by the board.
18. Nga Pou may choose to leave any casual vacancy open, by not appointing a CSF, if the vacancy occurred after
1 October in the year before an election year.
19. 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.
20. The CSF is responsible for:
(a) notifying the parent and school community and the staff, at least 14 days in advance, of the details of any relevant hui;
(b) establishing the lists of the parents/community and the staff and ensuring all the parents, community members and staff participating in the hui are eligible to do so and are not in breach of paragraph 10;
(c) keeping a list of those who attend any hui;
(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;
(e) taking responsibility for the way in which persons to be selected by the hui are identified; and
(f) notifying Nga Pou, the Secretary for Education
(or her authorised representative) and the public of those who have been appointed as parent and staff representatives on Nga Pou.
21. Nga Pou 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 CSF
(in the role akin to returning officer) in accordance with guidelines that are current at the time.
22. A trustee's office on Nga Pou becomes vacant in the circumstances set out in section 104 of the Act.
This notice shall come into effect on the day after its notification in the New Zealand Gazette.
Dated at Wellington this 28th day of January 2010.
HON ANNE TOLLEY, Minister of Education.