Notice Type
Departmental
Notice Title

Amendment to Constitution in Te Pa o Rakaihautu Establishment Notice

Pursuant to section 156AA(6)(c) of the Education Act 1989, with authority delegated from the Minister of Education, the notice for Te Pa o Rakaihautu Establishment published in the New Zealand Gazette, 27 February 2014, No. 24, page 716, is amended by replacing the section headed “Constitution of the Establishment Board of Trustees” with the following text:

Constitution of the Board of Trustees

1. Te Pā o Rākaihautū School (706) Board of Trustees (known as Te Tautarinui o Matariki o Te Pā o Rākaihautū Board of Trustees — Te Tautarinui) shall be made up of the following members who are full members of the board with equal voting rights and full responsibility and accountability requirements:

      1. the Kaiurungi (Principal) of Te Pā o Rākaihautū;
      2. up to five members to be appointed by the Nōku Te Ao Charitable Trust;
      3. two whānau representatives to be selected following the process set out in this notice;
      4. up to four members co-opted by Te Tautarinui on the basis of particular experience, expertise, skill and/or leadership that in the opinion of Te Tautarinui will assist in advancing the kaupapa of Te Pā o Rākaihautū.

2. All appointments, selections and co-options to Te Tautarinui are to be made on the basis of knowledge of the kaupapa of Te Pā o Rākaihautū and in accordance with the position description and skills-based matrix approved by Te Tautarinui.

3. The term of office for all selected, appointed or co-opted members shall be a maximum of 3 years.

Selection of Whānau representatives

4. Whānau are parents or caregivers of students, other than adult students, enrolled in Te Pā o Rākaihautū. The selection of whānau representatives to Te Tautarinui shall be by way of a hui managed by Te Pae Kōkōraki.

5. Te Pae Kōkōraki will be appointed by Te Tautarinui and will comprise three members who shall not be:

      1. a current trustee;
      2. a candidate for selection;
      3. a Te Pā o Rākaihautū staff member;
      4. a trustee of Nōku Te Ao Charitable Trust;
      5. the Kaiurungi; or
      6. a pononga (student).

6. Te Pae Kōkōraki shall convene a meeting of parents and caregivers of enrolled students (hui Whānau) to:

      1. explain the nomination and selection process including applicable dates; and provide information on the eligibility criteria under the Education Act 1989, and the skills and knowledge matrix developed by Te Tautarinui; and
      2. invite attendees to submit nominations at the hui or in writing to be lodged with Te Pā o Rākaihautū office within 14 calendar days of the hui being called. All nominations shall be displayed at Te Pā o Rākaihautū office and/or made publicly available to whānau.

7. Employees of Te Tautarinui or staff of Te Pā o Rākaihautū who are also parents/caregivers of an enrolled pononga may nominate, or be nominated as, a candidate for a whānau representative trustee position.

8. Te Pae Kōkōraki shall shortlist nominees and hold hui whakawhanaunga (interviews) with each shortlisted nominee, and their whānau tautoko (support) within 20 working days from the date that nominations closed. This process reflects the special tikanga of Te Pā, which relies on a referral-based system for introducing trustees, staff and whānau into Te Pā o Rākaihautū.

9. Te Pae Kōkōraki will apply the applicable eligibility criteria and the position description and skills and knowledge-based matrix approved by Te Tautarinui in assessing eligibility of nominations for the shortlist and for the final selections.

10. Te Pae Kōkōraki shall then select the whānau representatives and notify the results to the chairperson. The new trustees shall take office from the date of the first meeting of Te Tautarinui following notification of the results to the chairperson.

11. The hui whānau and the hui whakawhanaunga shall be run by Te Pae Kōkōraki.

12. Te Pae Kōkōraki is also responsible for:

      1. establishing the list of pononga enrolled in Te Pā o Rākaihautū and the list of their parents/caregivers, and ensuring all the parents/caregivers participating in the hui are eligible to do so;
      2. notifying the parent and school community at least 14 days in advance of the details of any relevant hui;
      3. keeping a list of those who attend any hui;
      4. ensuring that nominees have confirmed in writing that they accept the nomination and are not ineligible to be trustees under sections 103 and 103A of the Education Act 1989;
      5. notifying the incumbent Te Tautarinui, the Secretary for Education and the public of those who have been selected as whānau representatives on Te Tautarinui; and
      6. completing the whānau representative selection process within 40 working days from the date of the whānau hui referred to in clause 6 above.

Transitional arrangements replacing the Establishment Board of Trustees

13. The Minister of Education, under section 101(7) of the Act, will, by notice in the New Zealand Gazette, fix the date of the first board meeting for trustees selected, appointed or co-opted to Te Tautarinui under this notice.

14. The Establishment Board of Trustees of Te Pā o Rākaihautū shall:

      1. appoint Te Pae Kōkōraki to fix dates for the initial whānau and hui whakawhanaunga to select whānau representatives. The whānau representatives must be selected prior to the date of the first board meeting set under section 101(7) of the Act;
      2. notify the date of the first board meeting to the Nōku Te Ao Charitable Trust, which may appoint up to five trustees prior to that date; and
      3. leave office at the end of the day before the date of the first board meeting set under section 101(7) of the Act.

15. The first whānau representatives and members appointed by the Nōku Te Ao Charitable Trust under these transitional arrangements shall take office on the date of the first board meeting set under section 101(7) of the Act, and Te Tautarinui may co-opt members from that date. The term of office for all Te Tautarinui members during the transitional period will end on the last date gazetted by the Minister for the 2019 triennial elections for schools. Casual vacancies for whānau representatives occurring during the transitional period will be managed using the process set out in clause 18.

Term of office of members appointed, selected or co-opted to Te Tautarinui after the transitional period

16. Each term of office for trustees selected by Te Pae Kōkōraki, co-opted by Te Tautarinui or appointed by the Nōku Te Ao Charitable Trust after the transitional period shall be for a period not exceeding three years. Eligible trustees may be reappointed, reselected or co-opted for further terms not exceeding three years. Te Tautarinui resolution co-opting a trustee, or a Nōku Te Ao Charitable Trust appointment, may specify a shorter term of office.

17. From 2019 the term of each board will end on the last date of the range of dates gazetted by the Minister of Education for school board of trustee triennial elections. In an election year each new board will take office on the day after the previous board leaves office.

Casual vacancies

18. If a casual vacancy for a whānau representative position arises prior to 6 months of the expiry of the term of that position, then Te Tautarinui must, within six weeks of the position becoming vacant:

      1. resolve to select another eligible person to fill the vacancy using in the first instance the unsuccessful short-listed candidates from the most recent nominations if those nominees remain available and/or eligible; or
      2. if required due to a lack of available nominees, appoint and reconvene Te Pae Kōkōraki to undertake the process of selection set out in this notice;

19. The term of office for the replacement trustee shall start on the date they are selected and be for the remainder of the term of the vacating trustee.

20. Changes to the constitution of Te Pā o Rākaihautū Board of Trustees 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 date of its publication in the New Zealand Gazette.

Dated at Wellington this 23rd day of May 2017.

Hon NIKKI KAYE, Minister of Education.