August 16, 2013 2:00pm by David Farrar

Teachers Council name suppression

Graeme Edgeler complained to the Regulations Review Committee of Parliament that the rules put in place by the Teachers Council to apply blanket name suppression to all details of their disciplinary proceedings trespassed unduly on personal rights and liberties, appeared to make some unusual or unexpected use of the powers conferred by the statute under which it was made and contained matter more appropriate for parliamentary enactment. The Herald on Sunday joined his complaint.

The Committee has reported back and it is a partial victory, which pushes things in the right direction. They have resolved to recommend:

  • the New Zealand Teachers Council change rules 31, 32, and 33 to ensure the proceedings of the Teachers Council Disciplinary Tribunal are open to the public unless the Disciplinary Tribunal makes an order to the contrary 
  • the Government consider introducing amending legislation to specify, in the Education Act 1989, that the proceedings of the Teachers Council Disciplinary Tribunal are open to the public unless the Disciplinary Tribunal makes an order to the contrary on specified statutory grounds.

Their conclusions were that the rules of the Teachers Council:

  • are in accordance with the general objects and intentions of Part 10A of the Education Act 1989 (Standing Order ground 315(2)(a)); 
  • do not trespass unduly on personal rights and liberties (Standing Order ground 315(2)(b)); 
  • appear to make an unusual or unexpected use of the delegated power in section 139AJ of the Education Act 1989 (Standing Order ground 315(2)(c)); and 
  • may contain matter more appropriate for parliamentary enactment (Standing Order ground 315(2)(f)).

The two Labour MPs on the committee (Street and Dalziel) wanted to go further and find that the rules are not in accordance with the Act and do trespass on personal rights and liberties. Presumably they would have supported the Committee actually disallowing the rules, rather than just recommending they be changed.

The ball is now in the court of the Teachers Council to listen to Parliament and change their rules.