Bullying at School
This section has information about school bullying and obligations.
Bullying at School What is bullying? How does bullying affect me? What can I do about bullying at school? How do I complain to my school about bullying? Will my teacher or school counsellor tell anyone else about the bullying? Should I go to the police about bullying at school? Can my school be held legally responsible for failing to stop bullies? My school is not providing a safe environment for me and other students, what can I do?
This section has information about school bullying and obligations.
Bullying is when someone says or does things to have power over another person, making that person feel afraid, uncomfortable, or unsafe. Bullying is unwanted aggressive behaviour, generally repeated. It includes name calling, put downs, practical jokes, saying and writing nasty things, sexual comments, excluding or ignoring others, threats, damaging property, physical abuse, and forcing others to do things which they do not want to do. Bullying can happen at school or through the internet (which is called cyberbullying [INSERT HYPERLINK TO https://youthlaw.co.nz/rights/bullying-violence/cyberbullying/#what-is-cyberbullying (I think)]). Cyberbullying is becoming more common because most students have access to the internet. This means that bullying can happen outside school, after school hours, and when students are not physically nearby a bully.
Everyone reacts to bullying in different ways. You might feel sad, angry, anxious, uncomfortable, worried, or scared if you are being bullied. You might have difficulty sleeping, or not feel like eating or hanging out with your friends. You might even feel like you don’t want to go to school anymore, or that you want to hurt yourself.
If someone’s behaviour makes you feel bad, you should speak with someone you trust who can help you, like a friend, family member, teacher, counsellor, or other trusted adult.
It takes courage to take a stand against bullying and to tell someone about it. Try to find an adult you trust and feel comfortable with, and let them know about it. Remember, you have done nothing wrong by asking for help and it is your legal right to not be bullied!
If you can’t think of anyone to talk to or don’t want to talk with someone you know, you could try:
If you’re totally unsure about what to do or need some legal help, you can give us at YouthLaw a call and we’ll be happy to point you in the right direction!
The Ministry of Education has made guidelines for schools about how bullying at school should be prevented and stopped. The Ministry has recommended that every school has policies about how to prevent bullying, how complaints about bullying should be made, and how bullying should be stopped.
You could look online to see whether your school has a policy about how complaints should be made about bullying. If you cannot find a policy, you can ask the school office if there is a policy. If there is one, you should follow the complaint process in that policy. If your school does not have a policy, you could start the complaint process by telling your teacher about the bullying. Usually, the teacher will talk to you and the bully first to find out what happened. In serious cases, the teacher might pass the situation on to the principal, who can take further actions.
If you feel uncomfortable talking to a teacher, you could talk to a guidance counsellor or ask your parents/caregivers to talk to the school for you.
When you talk to your teacher or school counsellor, they might tell someone else if they need to, even if you ask them not to. For example, if they think it is important for your overall well-being and safety, they might report the situation to Oranga Tamariki or the Police.
Many counsellors have agreed to a professional code of ethics that says that they will not breach your confidentiality unless you or others are in clear and immediate danger. If you are concerned, you should ask them what information they will keep private at the beginning of the meeting.
If you complain to a teacher, depending on the school’s policy on bullying, they might talk to and discipline the bullies if they think you have been bullied. However, many schools try to resolve bullying in a restorative way. For example, the school might try to organise a meeting between you and the bully to talk about what has happened and to repair any relational damage.
The police do not normally get involved in school bullying unless it is very serious (for example, physical abuse or serious assault). Usually, the police will let the school deal with the situation.
If you are not happy with how your school is handling a bullying situation, you could contact your local police station. A police officer might reach out to you to make a statement about what has happened. Once the police officer has finished investigating the situation (which usually takes a little while), they might let you know whether they have charged the bully with a crime. If the bully is under 18, they might go through the youth justice system.
Schools must provide a safe physical and emotional environment for all students. Schools are also required to take reasonable steps to stop bullying, racism, stigma, or any other form of discrimination. However, there is no law that says schools must deal with bullying in a particular way. The Ministry of Education has created a “good practice” guideline, which you can download here.
There are steps you can take if the school is not dealing with the bullying.
If you have already followed your school’s bullying response policy but the bullying has not stopped, you or your parents/caregivers can make a complaint to the principal. If you are unhappy with the principal’s response, you can make a complaint to the school’s board. The board must provide a safe physical and emotional environment, and take reasonable steps to stop bullying, racism, stigma, and other forms of discrimination at the school.
If you are not happy with the board’s response, you can consider making a complaint about the school to the Ombudsman, the Ministry of Education, the Education Review Office, or your local MP. If the bullying involves discrimination of some form, you could complain to the Human Rights Commission.
If you are still unhappy after making complaints to those places, you could try to bring a case against the school in court. However, court cases can be difficult, stressful, and expensive. We note that you would not be able to claim for anything that is covered by ACC (like physical injuries) at court.