Pursuant to sections 361(4)(a)(ii) and 364(1)(b) of the Education Act 1989 (“Act”), the following notice is given.
Following the implementation of the Education Amendment Act 2015, teachers who held practising certificates for one year prior to the establishment of the Education Council on 1 July 2015 were deemed to hold a two-year practising certificate expiring on 1 July 2017 (at the latest). In contrast, persons who applied to the Education Council for practising certificates after 1 July 2015 have been granted practising certificates valid for three years.
The two-year expiry date for the former group of teachers was not set by the Education Council, but rather was prescribed by one of the transitional provisions implemented under clause 6(b) of Schedule 20 of the Act. For those teachers who applied for practising certificates after the Education Council was established, and who were granted certificates for three years, the Education Council was acting in accordance with the Act in granting certificates for this length of time – three years being the default expiry period for practising certificates set under the Act. Accordingly, the Education Council was not exercising its discretion in setting two different time periods, but rather was acting in accordance with its governing legislation.
However, in order to ensure fairness to the former group of teachers, the Education Council has decided to establish a new category of practising certificate called the practising certificate (interim).
Pursuant to standards and criteria established by the Council under section 382(1)(h) of the Act, a teacher will be eligible to receive a practising certificate (interim) where:
- the teacher holds a current practising certificate; and
- the teacher has been issued with, or has renewed, their practising certificate in the 12 months prior to the establishment of the Education Council on 1 July 2015.
The practising certificate (interim) will enable the holder’s practising certificate status to continue until the date their practising certificate would have expired under the Act, before it was amended by section 40 of the Education Amendment Act 2015.
The practising certificate (interim) will be applied with the appropriate status of provisional, subject to confirmation or full, and will expire on the date that the applicant’s previous practising certificate would have expired before the amendment to the Act. All other applicable criteria and standards which apply to the various categories of practising certificate, and any conditions placed on individual practising certificates (including suspension), will continue to apply.
Further information about this category of practising certificate is available on the Education Council website
In accordance with the need for fairness, the Education Council will not charge fees for applications for the practising certificate (interim).
Printed copies of this notice are available free from the Education Council of Aotearoa New Zealand offices at 80 Boulcott Street, Wellington 6011.
Dated this 15th day of December 2016.
BARBARA ALA’ALATOA, Chair of the Education Council of Aotearoa New Zealand.