Your Rights

What schools have to do

Every state school in New Zealand has a board of trustees. Boards of trustees are made up of some parents of students at the school, some school staff, sometimes community members, for schools with year 9 and older students, a/some student representative(s) and, for integrated schools, proprietors’ representatives. The board of trustees’ job is to govern the school. Under the legally, boards of trustees are required to make sure that:

• every student at the school achieves their highest possible standard of educational achievement;
• the school is physically and emotionally safe for all students and staff;
• relevant student and human rights are enacted;
• reasonable steps are taken to eliminate discrimination and bullying;
• the school is inclusive of, and caters for, students with different needs; and
• the school gives effect to Te Tiriti o Waitangi.

What does providing an education involve?

Public schools are required to follow the New Zealand curriculum, encourage and model values in the curriculum for students, and develop key competencies in students.

How safe do students have to be?

School boards of trustees are required to make their schools safe physical and emotional environments for students and staff. Keeping students safe involves making sure there are no physical hazards at school, that safety is a priority when learning, that there is a positive school ethos, and that students feel emotionally safe while at school. Keeping students safe might also mean having a proactive policy on bullying, to try to make sure that bullying is prevented before it happens and stopped when it is reported.

What are student rights?

Schools must make sure that they respect student and human rights. Student rights can be found under the Education and Training Act 2020 and include things like:

• the right to a free education;
• the right to full-time attendance; and
• the right for students with disabilities to receive the same education as students without disabilities.

Schools also need to respect students’ human rights under the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993, such as the right to be free from discrimination.

What do schools have to do about bullying, discrimination, and racism?

Schools need to take all reasonable steps to stop racism, stigma, discrimination, and bullying. This means that if you are being bullied or discriminated against in school, you can tell school staff, and they need to do something about it. Your teacher or dean will probably be the best person to tell.

The law does not say what exactly a school has to do when bullying is reported, but school are required to take ‘reasonable steps’ to stop the behaviour. If you have told your school about bullying, racism, or discrimination and they haven’t done anything, or you’re not happy about what they have done, you can contact us.

How do schools have to support students with disabilities?

Schools must be inclusive of students with ‘differing needs’ and, under the United Nations Convention on the Rights of Persons with Disabilities, must provide reasonable accommodations for students with disabilities. The government has not said exactly what an “inclusive” school looks like, but the Human Rights Commission have created a document explaining what reasonable accommodation looks like.

If you think your school is not being inclusive, you can contact us.

What do schools have to do about Te Tiriti o Waitangi / the Treaty of Waitangi?

Legally, schools are required to put Te Tiriti o Waitangi into practice by:

• making sure that their polices, plans, and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori;
• taking reasonable steps to provide teaching about tikanga Māori and te reo Māori; and
• achieve equitable (which means fair) outcomes for Māori students.

This legal obligation was introduced in 2020, so we still don’t know how exactly board of trustees should go about achieving these objectives. However, the law is clear that boards need to think about Te Tiriti when they make policies and plans and need to take “reasonable steps” to provide education about Tikanga Māori and Te Reo Māori. If your school isn’t doing this, you can contact us.

Can schools do whatever they like to run the school efficiently?

No, schools cannot do whatever they want. School boards and principals have a lot of power to make rules, but they cannot make rules that break the law. Schools need to be careful to act consistently with human rights, student rights, privacy laws, and health and safety laws. It is also good practice for schools to follow guidelines created by the Ministry of Education, but they do not always.

If you have concerns about how your school is acting, you can contact us.

I attend a school that has a Bible study. Can I be forced to go?

If you attend a public primary or intermediate school and there is a religious study or class, you can only go if your parents confirm in writing to the principal that they would like you to go. If your parents do not tell the principal that they would like you to go, you cannot be made to go. If you do not go, the school must supervise you while other students are at the religious class. Legally, you should not be disadvantaged or discriminated against because you did not take part in religious studies.

However, if you attend a private, integrated or special character school, you might be made to attend a religious study or class, because your parents have chosen for you to attend this type of school. If you are in this situation and do not want to attend the study or class, you can contact us