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School rules (or bylaws) that boards set are given the status of law. Boards cannot make school rules that go against New Zealand legislation.
Consulting on school bylaws
Under section 126(2) of the Education and Training Act 2020 school boards must consult when making new rules or amend existing ones.
Education and Training Act 2020: Section 126 – New Zealand Legislation
They must consult on school rules where:
- the school board, or the principal or other staff member with delegated authority from the board, sets the rule, and
- the school intends to enforce full compliance with the rule and there will be disciplinary and/or negative consequences for non-compliance.
Boards must also consult if the school rule has implications for students’ legal rights, as set out in:
Boards must consult with the full school community
Boards must consult with:
- school staff
- students (to the extent that the board considers appropriate)
- parents, families and whānau of the school's students
- the Māori community associated with the school, and
- any other person or group who the board considers is part of the school community.
Boards do not need to consult on every rule
Your board does not need to consult on rules that are:
- required by law in New Zealand (for example, grounds and buildings of schools must be smokefree), or
- set by boards to fulfil legal obligations (for example, for health and safety).
General management decisions or governance policies and procedures that do not have compliance requirements and consequences are not bylaws. Boards do not have to consult on these.
Plan for consultation
Boards can decide how they will consult to suit particular situations and their community. Boards may need to use more than one method to ensure staff, students and the community have the opportunity to provide feedback.
Read our guide to consulting on school bylaws for more advice on which bylaws boards must consult on, and how to decide whether you need to consult in a particular situation.
[download guide to consultation]
Other times boards must consult
Boards must also consult with their communities on matters other than school rules. For example, they must consult on the health curriculum every 2 years.
More information
More support is available from your regional office or Te Whakarōputanga Kaitiaki Kura o Aotearoa.
Information for board members – Te Whakarōputanga Kaitiaki Kura o Aotearoa
