Overview of conduct and competence
This page explains the process of conduct, competence in Ngā Paerewa | Standards, concerns, and the rights of the teacher.
On this page
Understanding the process
Teachers are expected to uphold the Code of Professional Responsibility | Ngā Tikanga Matatika. If there is a concern or complaint raised about an individual teacher breaching the Code, it is assessed, investigated if needed, and action taken where necessary.
The Teaching Council’s role is to ensure all teachers are fit to practice to protect the safety of children and reputation of the profession. Complaints against teachers are rare. There are more than 105,000 practicing teachers in New Zealand and about 80 people on average face a public Disciplinary Tribunal hearing a year.
How is a concern managed?
When the Teaching Council receives a report or complaint about a teacher, we identify what the appropriate next steps should be. Depending on whether it is to do with a teacher’s conduct or their competence, there are different courses of action for each situation.
- Competence relates to a teacher’s teaching practice - how they teach, interact with students, colleagues, and whānau, and how they meet the Ngā Paerewa | Standards for the Teaching Profession. If there are concerns, the goal is to support the teacher to improve their practice.
- Conduct refers to a teacher’s behaviour. Concerns about conduct may come up when a teacher may have acted in a way that breaches the Code of Professional Responsibility. This could be by doing something unsafe or dishonest, which can affect how people trust teachers and the profession as a whole.
The Teaching Council will refer to the Complaints Assessment Committee, Disciplinary Tribunal or Competence Authority to make a final decision. These are independent decision-making bodies separate from the Teaching Council, and are made up of experienced, registered teachers with practising certificates from across the sector and lay people.
Resources
How assessing a concern or complaint works
When the Teaching Council receive a report or complaint about a teacher, we must assess what the issue is and what the appropriate next steps should be. This is done through the Teaching Council’s Triage committee, which is made up of Council staff, including experienced and registered teachers. There is an emphasis on ensuring appropriate tikanga Māori is followed and te ao Māori perspective is included.
Initial assessment
After the Triage Committee has made an initial assessment, the teacher involved will be invited to respond to any allegations to help inform the committee’s assessment.
From there, the decision will be made to:
- Refer the issue to the Complaints Assessment Committee, if it’s about a teacher’s conduct
- Refer the issue to a Professional Practice Evaluator, if it’s about a teacher’s competence in Ngā Paerewa | Standards. Depending on the situation, the Council may decide to take no further action, request more information, or if it’s a competence matter, refer the case back to the employer.
- Refer the issue to the Teaching Council Governing members, for example where cancellation of the teacher will be necessary following their conviction of a very serious ‘specified offence’ (listed in the Children’s Act)
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.
This is called an 'undertaking not to teach' and appears as an annotation beside the teacher's name in the Register of New Zealand Registered Teachers.
If the teacher refuses to agree, the Council may request that the Complaints Assessment Committee (CAC) consider applying to the Disciplinary Tribunal (DT) for an interim suspension of the teacher’s practising certificate.
Visit the following websites for more information regarding the CAC or the DT:
For detailed information please read the Education and Training Act 2020 (Part 5, Subpart 4) and the Teaching Council Rules 2016. For matters notified to the Council prior to August 1 2020, see part 32 of the Education Act 1989.
Evaluating a competence concern
On receipt of a complaint or report about a teacher's competence, the Teaching Council will inform the teacher and invite the teacher to respond. The Triage Committee will then consider all the information and the teacher's response. The matter may then be referred to the competency process.
Resources
A professional practice evaluator (PPE) may collect additional evidence about the issue from the school, kura/centre, ITE provider and the teacher. All information is shared with the teacher and they will get an opportunity to see and respond to the information. The teacher’s current employer will be informed if the case is referred to the PPE.
A PPE will then complete an evaluation or assessment of the teacher’s competence using Ngā Paerewa | Standards for the Teaching Profession. Evaluators are experienced, registered senior teachers from across the sector.
Outcomes
The PPE may do either of the following:
- recommend to take no further action if an assessment is made that the teacher has the required level of competence
- refer the report to the Competence Authority if the teacher does not have the required level of competence.
Find out more about the Competence Authority on this webpage.
Investigating a conduct concern
Investigators will investigate and assess whether a teacher has engaged in misconduct on behalf of the Complaints Assessment Committee (CAC).
Investigation process
If the Triage Committee decides to pass on a report or complaint about a teacher to the CAC, investigators will look into what happened.
The teacher will be told about the investigation and encouraged to get support - either from their union, a lawyer, or another advocate. They’ll also have a chance to share any evidence or comments. The teacher’s current employer will be informed too.
Once the investigator has all the information, they’ll complete a report.
The teacher will get a copy of the report and all the related information. They’ll also have a chance to respond before the report is sent to the CAC.
Resources
CAC outcomes
The case will then go to a CAC panel. The panel will consider the report and the teacher’s response.
The CAC is a decision-making committee, independent of the Teaching Council, made up of experienced teachers from all sectors and lay people with relevant experience. Please visit the CAC website for more information.
Teacher's rights and support
Teachers accused of professional misconduct or competence have a right to procedural fairness, including the right to answer and defend allegations made against them.
Teachers will have several opportunities to provide their own evidence, respond to allegations and may seek representation from their union, lawyer or other.
Council processes are guided by principles of natural justice and teachers have a right under law to appeal decisions of the Disciplinary Tribunal to the District Court.
FAQs
Yes, however, our legislation requires that complaints should be made to the teacher’s employer first (unless special circumstances apply) so complaints made to the Teaching Council will usually be referred back to the teacher’s employer if this has not happened.
However, if you aren’t satisfied with the employer’s response, or the teacher doesn’t have a current employer, or special circumstances apply, you can come directly to us. If you are concerned the teacher has committed an offence, you should contact the Police.
There are various ways that the Teaching Council can be notified of an issue. Find out how you can report a concern on our website.
While the Council endeavours to resolve matters as quickly as possible, we also seek to ensure that an evaluation or investigation is rigorous and accurate as necessary.
The length of an investigation or evaluation can depend on several factors: complexity of the case, how many cases are currently being investigated, availability of evidence and/or witnesses, and involvement of other agencies such as the Police. Evaluators and investigators endeavour to stay in regular touch with teachers throughout the process to inform them of progress.
Hearings are rarely held in private because there is a strong argument in favour of the public’s right to know. The chairperson might decide a hearing needs to be held in private, for instance to protect a vulnerable witness, but this isn’t common practice. Details are suppressed if a hearing is held in private.
This is where the Disciplinary Tribunal will review and make a decision on a case based on written submissions from both parties where it’s convenient, practical and fair to do so.
Yes, and ordered to contribute to the costs of the hearings, unless the matter relates to a conviction.
Getting an exemption means you are entitled to work as a teacher as you have been cleared by the Ministry of Social Development and investigated by the Complaints Assessment Committee and found to be competent and safe to teach.
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