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Education (Solicited Voluntary Payments from Parents) Amendment Bill (Consistent) [2019] NZBORARp 20 (14 May 2019)
Last Updated: 1 June 2019
14 May 2019
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Education
(Solicited Voluntary Payments from Parents) Amendment Bill
- We
have considered whether the Education (Solicited Voluntary Payments from
Parents) Amendment Bill (‘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 22136/1.6). 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 to include a new category of grant for school
boards called discretionary grants. The Bill
enables the Minister of Education
to make discretionary grants to boards if they agree to comply with certain
conditions upon choosing
to participate in the school donations scheme that is
being established for schools of a 1-7 decile rating. All discretionary grants
are subject to the condition that the board must not seek or receive any
solicited voluntary payments from parents or guardians.
The Minister may also
make discretionary grants subject to other conditions (except the condition that
it will be used for the purposes
set out in the grant).
- The
Bill also allows the Minister to consider non-compliance with the conditions of
earlier discretionary grants when determining
the amount of any grant,
supplementary grant, or discretionary grant in or for a financial year. Where a
board has failed to comply
with any or all conditions of a discretionary grant
in 1 or more earlier financial years, the Minister may, after consulting the
board, recover the amount by reducing a future grant, supplementary grant, or
discretionary grant paid to the board.
- 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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