Notice Type
Departmental
Notice Title

Alternative Constitution for the Board of Trustees of Te Kura Mana Maori o Whangaparaoa (2084), East Cape

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 Whangaparaoa shall be known as Te Poari o Te Kura Mana Maori o Whangaparaoa ("Te Poari").
2. The Board, hereafter referred to as Te Poari, shall be constituted as follows:
(a) Up to five parent representatives selected following the process set out in this notice;
(b) the principal of Te Kura Mana Maori o Whangaparaoa;
(c) one staff representative selected following the process set out in this notice;
(d) one student representative selected following the process set out in this notice; and
(e) up to two trustees co-opted by Te Poari or appointed by a body corporate approved by Te Poari.
3. The selection of parent representatives, the staff representative and the student representative on Te Poari shall be by way of hui managed by a kaiawhina kaupapa appointed by Te Poari. This person shall not be considered for selection as a representative of the parent community
or the staff or the students of Te Poari and shall not be the Principal, a member of the school staff or a student.
4. The kaiawhina kaupapa shall select parent representatives from amongst and on the recommendation of those present at a hui of parents and caregivers of students enrolled at
Te Kura Mana Maori o Whangaparaoa and the school community ("parent/community hui").
5. The kaiawhina kaupapa shall select a staff representative from amongst and on the recommendation of those present at a staff hui.
6. The kaiawhina kaupapa shall select a student representative from amongst and on the recommendation of those students present at a student hui.
7. The Board shall fix dates for the two initial hui
to be held between 8 April 2013 and 30 May 2013 (parent/community hui and the staff hui). The selection of the first trustees under this notice shall take place following these hui.
8. Employees of the Board may not be selected as parent representatives and may not participate in both the staff hui and the parent/community hui.
9. 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 employees who have opted to participate in the parent/community hui are not eligible to be selected as the staff representative. Board staff must make this decision known, in writing, to the kaiawhina kaupapa 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 participate in only one type of hui between the main hui in election years unless their eligibility status changes.
10. All current elected, co-opted, appointed and selected trustees on the Board of Trustees of Te Kura Mana Maori o Whangaparaoa, other than the student representative, shall leave office at the end of the day before the day on which the new trustees take office in 2013.
11. Following a hui and following confirmation of eligibility of those recommended by the hui as per clause 17(d) the kaiawhina kaupapa shall appoint the selected trustees in accordance with the recommendation of the hui.
12. The term of office for the parent and staff representative shall commence on the day after that on which they are selected and shall end at the close of the day before the day on which new representatives are selected in every election year from and including 2013.
13. If a casual vacancy for the staff representative occurs,
Te Poari shall appoint a kaiawhina kaupapa as soon as practicable to run a staff hui on a date set by the kaiawhina kaupapa. The kaiawhina kaupapa shall then select 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.
14. If a casual vacancy for a parent representative arises then Te Poari must:
(a) subject to paragraph 13, 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 kaiawhina kaupapa who shall call a parent/community hui in accordance with paragraph 4 and select 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.
15. Te Poari may choose to leave any casual vacancy for a staff, parent to student representative open, by not appointing a kaiawhina kaupapa, if the vacancy occurs after 1 October in the year before an election year.
16. 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.
17. The kaiawhina kaupapa is responsible for:
(a) notifying the parent and school community, the staff and the students, at least 14 days in advance, of the details of any relevant hui;
(b) establishing the lists of the parents/caregivers, the staff and students and ensuring all the parents/
caregivers, staff and students participating in the
hui are eligible to do so;
(c) keeping a list of those who attend any hui;
(d) obtaining written confirmation from those selected 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 Te Poari, the Secretary for Education and the public, of those who have been selected as parent, staff and student representatives on Te Poari.
Changes to the Constitution
18. Changes to the constitution of the Board will be subject to the approval of the Minister of Education and must be notified in the New Zealand Gazette.
This notice shall come into force on the day after its notification in the New Zealand Gazette.
Dated at Wellington this 13th day of February 2013.
HON HEKIA PARATA, Minister of Education.