Pursuant to section 105A of the Education Act 1989
("the Act"), I approve the following notice.
N o t i c e
1. The Board of Trustees of Te Wharekura o Mauao, Tauranga shall be known as Te Poari o Te Wharekura o Mauao ("Te Poari").
2. The board, hereafter referred to as Te Poari, shall be constituted as follows:
(a) Up to five whanau (parent) representatives, nominated and elected by the whanau of Te Wharekura o Mauao according to the process outlined in this notice;
(b) tumuaki (principal) of Te Wharekura o Mauao;
(c) one kaimahi (staff) representative, nominated and elected by the staff of Te Wharekura o Mauao according to the process outlined in this notice;
(d) two tauira (student) representatives, nominated and elected by students according to the process outlined in this notice; and
(e) up to four co-opted trustees, selected by Te Poari in consultation with whanau, to provide high level skills in selected areas of expertise important to the Wharekura community. These may be, but are not limited to, skills in finance, property, personnel and student achievement.
3. The nomination and election of whanau representatives, the kaimahi representative and the tauira representatives shall be by way of hui managed by a Returning Officer engaged by Te Poari. This person shall not be considered for selection as a whanau, kaimahi or tauira representative and shall not be the tumuaki.
4. Except as set out in this notice, the constitution will operate as if sections 92, 96, 97(1), 99, 101, 102, 104 and 105 of the Act apply where relevant. In particular, the definitions of "Board staff" and "parent" in section 92 shall apply in relation to eligibility and voting for whanau representatives and the kaimahi representative.
5. Except as set out in this notice, the constitution will operate as if the Regulations made pursuant to section 118 of the Act ("the Election Regulations") applied.
6. The Returning Officer will organise nomination hui and election hui for whanau kaimahi and tauira representatives as required for triennial elections or any necessary
by-elections.
7. Nominations must be called for in the same manner as required under the Election Regulations with necessary modification to account for the hui process and inform the relevant voters as to the date and location of the hui. No less than 14 days' notice must be given of the details of any relevant hui.
8. Each nomination hui must be held on a date set by the returning officer within the period between four and two weeks before the relevant election date.
9. Nominations may be received by the returning officer before the nomination hui, from eligible voters present at the relevant hui, or directly by the returning officer within two working days after the nomination hui. All nominations must be recorded on the nomination forms approved under the Election Regulations.
10. An election hui must be held on the relevant election or by-election date. Voting will occur on voting forms approved under the Election Regulations and provided directly to each voter by the returning officer. Voters may collect their voting paper from the returning officer at or after the election hui and be given five calendar days from the date of the hui to cast their vote by returning the supplied voting paper to the returning officer.
11. Tauira representatives election - the tauira council will nominate and elect two representatives for Te Poari. If more than two nominations are received, the returning officer will hold an election hui for the members of the tauira council to vote.
12. In the event that the tauira council ceases to exist or function, the two tauira representatives to Te Poari will be elected through a nomination hui and election hui following the same process as described above for whanau and kaimahi representatives. In this situation all students enrolled at the Wharekura (including those in years 7 and 8) will be entitled to vote for the tauira representatives.
13. The current board shall fix dates for the first nomination and election hui under this constitution between 1 April 2013 and 30 May 2013.
14. All current elected, co-opted, appointed and selected trustees on the board of trustees of Te Wharekura o Mauao shall leave office at the end of the day before the day on which the new elected representatives take office in 2013.
15. The ongoing term of office for the whanau, kaimahi and tauira representatives will follow the regular cycle set out in the Act.
16. The returning officer will not be eligible for election to Te Poari, and must not be a current Te Poari member or the tumuaki of the wharekura. The returning officer must have the trust of the wharekura community. The current Te Poari will engage the returning officer.
17. This notice shall come into force on the day after its notification in the New Zealand Gazette.
Dated at Wellington this 21st day of May 2013.
HON HEKIA PARATA, Minister of Education.