Employer/Professional Leader Concerns about a Teacher's Performance

There are certain situations when an employer/professional leader must inform the New Zealand Teachers Council of concerns that they have about a teacher's conduct or competence.

If a teacher is still employed at the school/centre, the school/centre must have attempted to address the concerns before reporting to the New Zealand Teachers Council, except in cases of alledged serious misconduct which must be reported directly to the New Zealand Teachers Council.

Requirements for mandatory reporting

All employers must report to the the New Zealand Teachers Council when:

  • a teacher is dismissed for any reason (s139AK(1), Education Act 1989);
  • a teacher resigns from a teaching position if, within the 12 months preceding the resignation, the employer had advised the teacher that it was dissatisfied with, or intended to investigate, any aspect of the conduct of the teacher, or the teacher's competence (s139AK(2), Education Act );
  • a teacher ceases to be employed by the employer, and within the following 12 months, the employer receives a complaint about the teacher's conduct or competence while he or she was an employee (s139AL, Education Act);
  • they have reason to believe that the teacher has engaged in serious misconduct (s139AM, Education Act);
  • they are satisfied that, despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence (s139AN, Education Act).

The criterion for reporting serious misconduct is set out in the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004.

Mandatory reports regarding a teacher's conduct must be considered by the Complaints Assessment Committee (CAC)