Legal obligations for schools

School boards are responsible for making sure school policies and practices protect the rights of everyone at the school. Staff, students and visitors must be free from discrimination based on their religious or non-religious beliefs.

Schools have legal obligations set out in the following Acts:

• Education and Training Act 2020
• New Zealand Bill of Rights Act 1990
• the Human Rights Act 1993.

We recommend your school follows the Religion in New Zealand Schools: Questions and Concerns guidelines 2009 to make sure you are meeting your legal obligations. Our 2020 guidelines on religious instruction update this advice for primary and intermediate schools, and explain how to opt in for religious instruction. We recommend that schools offering religious instruction use both guidelines to meet their legal obligations.

Schools should consult with the wider community about plans for observing or teaching religion.

How religion can be used in schools

There are 3 forms religion can take in a school or kura.

• Religious observance (doing it).
• Religious instruction (teaching it).
• Religious education (teaching about it).

Religious observance

Religious observance is doing something as an expression of a particular belief system. It could include:

• singing hymns
• wearing certain items like a hijab, kirpan or turban.

Everyone in a school has a right to express their religion but only to the point where it doesn't take away the rights of somebody else. It is the responsibility of the board to make sure no school rules or practices result in discrimination.

Religious instruction

Teaching in state primary and intermediate schools must be secular. School boards must consult with the school community on all aspects of offering religious instruction. If the board is satisfied that the community supports religious instruction, it is also a good idea get community input on how it is carried out.

State schools offering religious instruction must follow some rules:

• Instruction can be for no more than 1 hour per week and 20 hours per year.
• The board and principal must approve the instruction before it takes place.
• Students who want to attend religious instruction must have written consent from a parent.
• Students who do not opt-in must be allowed to continue with their learning as normal while religious instruction is taking place.

State schools with students from Years 1 to 8 must follow our guidelines on religious instruction. We recommend all schools follow them.

Teaching about religion

Schools can teach students about different religions as part of their curriculum. For example, it might be part of your dance, geography or social studies curriculum. Teaching about religion in this context is to help students understand other people's worldviews, not to define the student's own beliefs.

Your school can showcase cultural and religious beliefs in events that involve the community. Community events could be talks, classroom discussions, cultural performances or celebrations such as:

• kapa haka
• Diwali
• Chinese New Year.

This can be an important way for schools to support diversity and inclusiveness.

Responding to concerns

If anyone is unhappy with what's going on in the school, they should follow your school's concerns and complaints policy.