Alternative constitutions for boards

When combining the boards of four or more schools, the Minister of Education can now require the new board to have an alternative constitution.

This will ensure the board is not too large and unwieldy to operate effectively.

Increased collaboration through Communities of Learning: Kāhui Ako may lead to schools deciding to share governance arrangements through a combined board, and an alternative constitution could support the governance of a large combined board. If the Minister wants to require a board to have an alternative constitution they must have reasonable cause to believe that it's in the best interests of the schools. The Minister must also consult with the community to ensure that the combined board represents the community.

When do the changes take effect?

These provisions took effect on 19 May 2017.

Links to key provisions

Section 110(1D) of the Education Act 1989

Section 110(1D) allows the Minister to require a combined board of 4 or more schools to have an alternative constitution.

Section 110(1D), Education Act 1989 — NZ Legislation website (external link)

Section 110A(3) of the Education Act 1989

Section 110A(3) allows the Minister to require a combined board of 4 or more newly established schools to have an alternative constitution.

Section 110A(3), Education Act 1989 — NZ Legislation website (external link)

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