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Education Amendment Bill (No 2) (Consistent) [2018] NZBORARp 65 (2 August 2018)
New Zealand Bill of Rights Act Reports
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Education Amendment Bill (No 2) (Consistent) [2018] NZBORARp 65 (2 August 2018)
Last Updated: 4 January 2019
2 August 2018
LEGAL ADVICE
LPA 01 01 23
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Education
Amendment Bill (No 2)
- We
have considered whether the Education Amendment Bill (No 2) (‘the
Bill’) is consistent with the rights and freedoms
affirmed in the New
Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’).
- We
have not yet received a final version of the Bill. This advice has been prepared
in relation to the latest version of the Bill
(PCO 19342/12.0). We will provide
you with further advice if the final version includes amendments that affect the
conclusions in
this advice.
- The
Bill amends the Education Act 1989, Education Act 1964, and the Education
(Update) Amendment Act 2017, including to:
- ensure
the Education Council of Aotearoa makes decisions with proper regard for
government policy;
- require,
as a new criterion for private schools’ registration, that they must
provide a physically and emotionally safe place
for their
students;
- repeal
recently enacted provisions for communities of online learning;
and
- repeal
current cohort entry provisions, and enable schools to adopt a cohort entry
policy only for children five years and older.
- We
do not consider that the proposed new criterion requiring private schools to
show they have a physically and emotionally safe place
for students appears to
limit the rights and freedoms contained in the Bill of Rights Act. The provision
does not impose, attempt
to change or prevent the pursuit of an
individual’s belief system, and does not prevent activities undertaken by
individuals
in pursuit of manifesting their religion or belief. We note that
this provision should, in practice, be interpreted in a manner consistent
with
the Bill of Rights Act, including the freedoms of thought, conscience, opinion,
religion, and expression.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
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