School Discipline in New Zealand: Legal and Policy Implications

Abstract

Education is a cornerstone of society because it provides individuals with opportunities for advancement and benefits the wider community. Equally important is the harm that occurs when children do not receive education, the consequences of which are costly to both the individual and society as a whole. In New Zealand, the importance of an education is recognised in the Education Act 1989, providing the right to a free state education for children from five to 19 years of age, with compulsory schooling from six to 16 years. The importance of education is also recognised internationally. However, the right to an education is conditional upon meeting accepted standards of behaviour within the school context, and schools are required to provide a safe learning environment for their students. When an individual child’s behaviour impinges upon the ability of others within the school to receive their education, or threatens their safety, the rights of each to education can conflict. Schools have the power to remove students either temporarily or permanently from the school, and the Education Act provides guidelines for the removal of students. It provides schools with a range of options, of varying degrees of seriousness. These range from a stand-down of a student for up to 10 days, through to suspension which can be followed by permanent removal through exclusion or expulsion. Exclusion applies to children aged under 16, and the Ministry of Education or the principal is required to find a new school to enrol the child. Expulsions apply to children over 16, and there is no duty to find the child another school. Given the importance of education, removing a child from school can result in serious consequences for that student and appropriate processes should be in place to protect their rights. This essay will discuss the problems with the current disciplinary system. Another issue is that Māori students are overrepresented within those who have faced school disciplinary proceedings. This essay will address particular issues facing Māori both at the initial stage of school suspension, and later at the appeal stage. This essay will compare the Health and Disability Commission, the Employment Tribunal institutions and family group conferences in the youth justice system. These are all relatively recent developments put in place to protect rights of those in vulnerable positions. The various appeal and alternative dispute resolution processes that they provide are useful to illustrate both deficiencies in the education disciplinary system and potential improvements.