1. Pursuant to clause 4 of Schedule 22 to the Education and Training Act 2020 (“Act”), I hereby approve an alternative constitution for the South Auckland Middle School (876) Board.

2. The South Auckland Middle School (876) Board (“Board”) will be made up of the following members:

1. One member nominated and elected by the parents of students attending South Auckland Middle School;
2. The Principal of South Auckland Middle School;
3. One staff representative;
4. Up to three members, appointed by Villa Education Trust based on particular experience, expertise, skill and/or leadership that in the opinion of the Trust will assist in advancing the students at South Auckland Middle School.

3. Despite clause 5 of Schedule 22 to the Education and Training Act 2020, the following clauses of the Education and Training Act 2020 will apply to the Board:

Clause 1 of Schedule 22 – Parent representatives

Clause 2 of Schedule 22 – Staff and student representatives

Clause 1 of Schedule 23 – Criteria for selection co-opted and appointed board members

Clause 3 of Schedule 23 – Elections of board members

Clause 8 of Schedule 23 – Term of office

Clause 12 of Schedule 23 – When casual vacancies arise

Clause 13 of Schedule 23 – Filling casual vacancies of elected board members.

Parent Representative

4. The parent representative will be elected in accordance with clause 1 of Schedule 22 to the Act, and clause 3 of Schedule 23 to the Act.

5. The next election for the parent representative will occur during the 2025 election period set by the Minister of Education, and triennially thereafter.

Staff Representative

6. The staff representative will be elected in accordance with clause 2 of Schedule 22 to the act, and clause 3 of Schedule 23 to the Act.

7. The next election for the staff representative will occur during the 2025 election period set by the Minister of Education, and triennially thereafter.

Members appointed by Villa Education Trust

8. Villa Education Trust may appoint eligible members for a term of office of up to three years.

9. Villa Education Trust may re-appoint eligible members for a subsequent term of office of up to three years.

10. Villa Education Trust may specify a shorter term of office for appointed members at its discretion.

11. Casual vacancies for appointed members must be notified promptly by the Board and such vacancies will be filled by appointment in the same manner as the vacating member was appointed for the residue of the term of the vacating member.

Transitional Arrangements

12. For the purpose of clause 3(9) of Schedule 23 to the Act, the first meeting of the Board under this alternative constitution is fixed as 19 October 2022. The first members elected or appointed under this constitution will take office on this date.

13. The members of the Combined Board for South Auckland Middle School and Middle School West Auckland will:

1. Notify the date of the first Board meeting to Villa Education Trust, which may appoint up to three members on a date not sooner than the boards establishment, and
2. Leave office at the end of the day before the date of the first Board meeting set under of clause 3(9) of Schedule 23 to the Act on which the new members take office.

14. Notwithstanding the application of clause 3(9) of Schedule 23 to the Act, and subject to clauses 1 and 2 to Schedule 22 to the Act, the next election for parent and staff elected representatives will occur during the 2025 election period set by the Minister of Education, and triennially thereafter.

Responsibility for the Different Character of the School

15. Pursuant to section 205(5)(b)(ii) of the Education and Training Act 2020, I hereby approve Villa Education Trust as a body that has responsibility for the different character of South Auckland Middle School.

This notice shall take effect on the date of publication in the New Zealand Gazette.

Dated at Wellington this 21st day of July 2022.

Hon JAN TINETTI, Associate Minister of Education (School Operations).