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Procedure in NZ Teachers Council hearingsNZ Teachers Council hearings take place in the Boardroom at the Council's offices on Level 9, 93 The Terrace, Wellington. Up to eleven Council members may be present. The Director of the NZ Teachers Council, the Council's Legal Counsel and the Council's Compliance Officer will also be present. The hearing is presided over by the Chair of the NZ Teachers Council. Sometimes the person who made the complaint will attend a hearing to give evidence. This is more common in Disciplinary Tribunal hearings, as the legislation is not set up to allow the NZ Teachers Council to hold evidential hearings. If the person who made the complaint does attend, he or she will be the first witness to give evidence. A teacher who is invited to appear before the NZ Teachers Council may bring such appropriate support persons, witnesses or advocates he or she wishes, as long as the Council is advised in advance. Hearings are recorded, with the consent of the teacher. A transcript of the recording is typed only if the teacher appeals the Council's decision. In general, the hearing begins with the teacher, or his or her advocate, making brief opening submissions. The NZ Teachers Council members then ask the teacher questions, designed to give him or her the opportunity to respond to the concerns the Council members have that will influence their decision. At the end, the teacher or advocate has an opportunity to make brief closing submissions. Only Council members have the right to ask questions of the teacher, through the Chair. If the person who made the complaint, or another witness, is present, the teacher's advocate may question him or her only with the permission of the Chair. The Council's Legal Counsel's role in a hearing is to give the Council members legal and procedural advice. She or he does not question the teacher and takes no part in the decision making. Hearings take as long as necessary to allow the teacher a fair opportunity to be heard, but generally last about an hour. |
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