Conduct and competency data - 2023
Our role
The Teaching Council’s purpose is to ensure safe and high-quality leadership, teaching, and learning for all children and young people. We do this by ensuring teachers are competent, fit to practice, and accountable for the way in which they teach and care for the children and young people they work with.
Teachers are expected to meet Ngā Tikanga Matatika, Ngā Paerewa | Our Code, Our Standards. If there is a concern or complaint raised about an individual teacher breaching the Ngā Tikanga Matatika | Code or not meeting the Ngā Paerewa | Standards, it is investigated, assessed, evaluated and action is taken where necessary. It is important that individuals wishing to make a complaint are aware that under the Education and Training Act 2020, the complaint must first be made to the teacher’s employer (centre or school) unless there are exceptional circumstances. It is also important to be clear that the Teaching Council only has jurisdiction over registered teachers as individuals, not schools as a whole or other employees such as teacher aides or support staff.
By proportion, complaints against teachers are rare. There are more than 110,000 practising teachers in New Zealand who play a vital role in supporting our children and young people to realise their potential and prepare them for the future.
The following data provides an insight into the conduct and competence processes of the Teaching Council for 2023.
N.B: Regardless of when the matters come into Teaching Council, the data below refers to matters processed during 2023. This is important as individual cases can span multiple years.
Triage
When a mandatory report, complaint, self-report, or police referral is received by the Teaching Council, our Triage Committee makes an initial assessment before determining what the appropriate next steps should be. More information about the Triage Committee can be found here: Assessing a concern
In 2023, 493 unique complaints, self-reports, and police referrals were considered by the Triage Committee. 78 of these were considered under the new Teaching Council Rules 2016 that took effect on 29 July 2023.
Of these, 176 cases were referred to the Complaints Assessment Committee (CAC), 32 to the minor convictions panel, and 11 to a professional practice evaluator. The Triage Committee agreed to take no further action for 216 matters. The remaining matters considered by the Triage Committee are waiting for further information from the parties or on hold while external agencies complete their processes.
If the Triage Committee has immediate concerns about the safety of children and young people and the reputation of the teaching profession, it can seek a voluntary agreement with the teacher to stop teaching until the matter has been fully investigated and resolved. There were 14 instances where a voluntary Undertaking Not To Teach (UNTT) was agreed to in 2023. If an undertaking is not agreed, the Teaching Council will seek interim suspension from the CAC.
Complaints Assessment Committee
If the Triage Committee decides to refer a report, complaint, or make an own motion referral about a teacher to the CAC, investigators working on behalf of the CAC will investigate the allegations.
The CAC is an independent decision-making body which determines outcomes for conduct complaints and mandatory reports brought against teachers. The process is run by teachers, for teachers and aims for a process which embodies the same values as the teaching profession.
In 2023, 180 reports from the investigation team were referred to the CAC advisors for allocation to a CAC hui.
Between January-7December 2023, the CAC made decisions on 202 cases. Of these, 53 cases had a finding of misconduct. The remaining cases were made up of 53 cases of no further action, 91 were referred to the Disciplinary Tribunal and for one case the individual was found to have an impairment. 54 matters have been scheduled or will be scheduled for a CAC hui in in 2024.
More information on the CAC can be found here:
How does the Conduct Process work? Complaints Assessment Committee
Disciplinary Tribunal
The Tribunal is a quasi-judicial body which means it is a disciplinary decision-making body, independent to the Teaching Council. The Tribunal is made up of registered teachers and lawyers. When a matter of teacher conduct is referred to the Tribunal by the CAC, a formal process culminating in a hearing takes place.
As of 14 December 2023, 92 cases had been filed with the Disciplinary Tribunal where the teacher has been charged with serious misconduct and/or misconduct.
Between January-December 2023, 53 decisions were received. Disciplinary Tribunal decisions are available on the New Zealand Teachers’ Disciplinary Tribunal website.
Please note there may be a delay from the time the decision is received to the time it is published.
More information on the Disciplinary Tribunal can be found here:
New Zealand Teachers Disciplinary Tribunal
Competence matters
One of the Teaching Council’s roles is to ensure high quality of teacher practice by ensuring teachers continue their professional learning and meet Ngā Paerewa | Standards to be a competent teacher. The purpose of the competence process is to support teachers to build in an area they are not meeting the Ngā Paerewa | Standards. Unlike the discipline area, this is designed primarily to be rehabilitative.
If there is a concern or complaint raised about an individual teacher’s competence, the Teaching Council will evaluate the concern and if required, make sure there are steps in place that will support the teacher to meet Ngā Paerewa | Standards in a teaching context. It is important to be clear that the teacher’s employer (centre or school) is expected to take all appropriate steps to address the problem before reporting concerns of a teacher’s competency to the Teaching Council. It is also required for members of the public to make any complaint to the centre or school to allow them the opportunity to manage the concern before making a complaint to the Teaching Council.
The amended Rules came into effect on 29 July 2023. From this date, all competence reports following an investigation are either referred to the Chief Executive or the Competence Authority for decision. The only time a report is not referred to the Chief Executive or Competence Authority is if a teacher gains employment before or during the period of the investigation. In this case the professional practice evaluator can refer the matter back to the Triage Committee under Rule 40 (3) with the recommendation that the Triage Committee consider referring the matter to the teacher’s employer under Rule 11C (2) (b) (i).
During the 2023 calendar year 11 competence cases were referred to a professional practice evaluator at the Teaching Council. The professional practice evaluators completed evaluations for 14 matters (which included finalising eight cases referred prior to 2023).
Seven of the evaluation outcomes were no further action. Of these, five were referred to the employer to be dealt with through Rule 39 of the Teaching Council Rules 2016. Three evaluations resulted in agreed conditions on the teacher’s practising certificate (prior to the Rules being amended in July 2023). A further five teachers were referred to the Competence Authority.
During 2023 six teachers met their competence conditions.
Competence Authority
The role of the Competence Authority is to consider mandatory reports and complaints in relation to a teacher’s competence along with all relevant information and the evaluation of the professional practice evaluator. The Competence Authority is to consider all information outlined above in alignment with Ngā Paerewa | Standards and to exercise powers given under the Education and Training Act 2020. The Competence Authority will determine whether a teacher has attained the required level of competence and decide what the appropriate outcome should be.
If a case is referred to the Competence Authority, the teacher will be notified and given an opportunity to provide the panel members with written submissions or appear in person. They may also request to be represented by a lawyer or other advocate throughout this process.
More information about the Competence Authority can be found here:
Reporting a concern
Anyone can raise a concern. If you have a concern about a teacher’s conduct or competence, the teacher’s employer is your first point of contact. The employer is expected to follow their processes to investigate your concerns and attempt a resolution. The Teaching Council is not primarily a complaints service and we do not have the jurisdiction to consider disputes between or within centres or schools.
If you are not happy with how the centre or school has dealt with the issue, you can then raise your concerns with us.
Information on how to report a concern can be found via the following links: