What strategies does your school have in place to mitigate the real risks posed by administrative oversights, legal liabilities and reputational damage? Are they up to scratch? Don’t miss your chance to receive a blueprint to navigating the biggest legal landmines effecting schools in Aotearoa as you unpack privacy, data, insurance, dealing with Oranga Tamariki, staff leave & contracts, teacher dismissals, complaints & much more!
Description
Attend and earn 7 PLD hours
Session 1: Legal Landmines in Schools: Privacy, Data, Legal Proceedings, Rights and Risk
Chair: Brent Lewis, Former Principal, Avondale College
9.00am to 9.50am Privacy: Ensuring Your Information Privacy Practices are Fit for Purpose When Handling School Data and Student Information
Schools in Aotearoa New Zealand are major collectors and users of personal information, essential for their operation. However, they must balance this with obligations under the Privacy Act 2020 to protect this information. Navigate through these essential issues:
- Getting the context right: what are the high-level signposts to guide school and board procedures and practice in how they collect, create, store, use and disclose personal information they come to hold
- Establishing and following good information handling practices when collecting, creating, storing and using personal information about staff, students and their families
- Recognising situations where the school’s information privacy practices are more likely to be challenged, for example complaint investigations, disciplinary decisions and responding to parent complaints
- Balancing privacy protection with the right of individuals to request information under the Privacy Act and the Official Information Act 1982: privacy vs transparency and accountability- it is always a matter of context and perception
- The consequences when things go wrong: lessons to be learned from the recent Human Rights Review Tribunal decision awarding significant damages against a school board for failing to meet Privacy Act obligations
Presented by Leo Donnelly ONZM, Barrister, Education Law NZ
9.50am to 10.40am A Guide to Dealing with Oranga Tamariki and Lawyers for Children in the Family Court
- Basic structure of Oranga Tamariki
- Working with Care and Protection staff
- Working with Youth Justice staff
- Working with the Lawyer for Children in the Family Court
- Managing requests for information from the school
- Managing requests to meet children at School
Presented by Vanessa Curac, Barrister, Friendship Chambers
10.40am to 10.55am Morning Tea
11.45am to 12.30pm Insurance Policies and Compliance: What You Need to Know to Protect Your School and Your Staff
- Understanding risks: current trends and challenges in insurance affecting schools
- Legal compliance and regulatory requirements: what laws and regulations are schools obliged to take into account
- Coverage types: which kinds of insurance policies are relevant to schools
- Risk assessment and mitigation: what can schools do pre-emptively to ensure adequate cover is in place
- Claims handling and settlement: what to do if schools are required to call on insurance policies
Presented by Mat Martin, Senior Associate, Lane Neave
10.55am to 11.45am How Schools Should Balance Competing Human Rights Obligations to their Staff and Students
Creating a diverse, inclusive, and emotionally safe educational environment is increasingly important for all New Zealand schools. Fundamental human rights and freedoms in New Zealand are protected by the Bill of Rights Act 1990 and the Human Rights Act 1993, with additional guidance from the Education and Training Act. The Bill of Rights Act affirms rights such as freedom of expression, thought, religion, and protection from discrimination. Join for a detailed presentation as you consider:
- Examples of how schools can seek to uphold the provision of a diverse, inclusive and safe educational environment for all staff and students
- The application of the New Zealand Bill of Rights Act and the Human Rights Act to State integrated schools, particularly with a focus on freedom of expression and freedom from discrimination
- How section 127 of the Education and Training Act, which (among other things) obliges school board’s to ensure that the school is an emotionally safe place for all students, is being interpreted and applied
Presented by Kris Morrison, Partnership Chair, Parry Field Lawyers
2.00pm to 2.45pm Employment Contracts: How to Manage Different Types of Leave for Different Types of Staffing Arrangements
- School holidays and annual holidays: how do they interact?
- Casual staff, are their arrangements fit for purpose?
- Holidays Act changes: progress of changes and impact on school staff
- Managing staff sabbaticals
Presented by Darren Gunasekara, Senior Associate, DLA Piper
2.45pm to 3.30pm Teacher Discipline and Teacher Competence: Managing the Processes
- Making initial enquiries into a potential breach of discipline
- Mandatory reporting to Teaching Council
- Making the decision whether or not to use an independent investigator
- Steps to follow in a formal disciplinary procedure
- Raising teacher competency issues in a timely way
- Drafting an assistance and personal guidance programme
- Determining whether or not the teacher has adequately addressed the competency concerns
Presented by Gretchen Stone, Partner, Harrison Stone
3.30pm to 3.45pm Afternoon Tea
12.30pm to 1.15pm Anticipating Litigation and Best Responding to Legal Claims
- How to best prepare for the ‘worst case scenario’
- Documenting day to day communications that may be used in future legal issues
- Key factors to consider when responding to legal claims and learnings from relevant case law
Presented by Rachael Judge, Partner, Simpson Grierson
Learning Objectives:
- Understand your legal obligations of mandatory reporting
- Consider legal and regulatory compliance in respect of privacy issues, insurance policies
- Receive practical guidance on dealing with Oranga Tamariki, the Family Court and responding to legal claims in litigation
Session 2: Managing Staff Dynamics: Rights, Contracts, and Discipline in Schools
Chair: David Graham, Principal, Goodwood School
3.45pm to 4.30pm Board Meetings and Delegations: Getting Them Right to Avoid Flawed Disciplinary Processes
- Consequences of not getting these right: reference to decisions of the Court/Authority involving flaws that have led to awards against school Boards for unjustified conduct
- Preparing for a Board meeting: agenda items and motions
- Holding a valid Board meeting, ensuring decisions of the Board are valid
- Valid decision making without holding a meeting
- The importance of delegations: ensuring the decision-makers have delegated authority to make decisions
- Taking care around the decision-makers: are they free from bias (or appearance of bias)?
- What can be done to correct a misstep
Presented by Kiri Harkess, Partner, McElroys
4.30pm to 5.15pm HEAR FROM THE TEACHING COUNCIL OF AOTEAROA NEW ZEALAND: Managing your Mandatory Reporting Requirements and Recent Disciplinary Tribunal Decisions
Teachers face complex ethical dilemmas and professional tensions every day. The overarching expectation is that every teacher will apply high professional standards and sound ethical decision-making in all their work, uphold the reputation of the teaching profession and maintain the trust of learners and their whanau.
In this session you will focus on the legal obligations of employers to make a mandatory report, an overview of the disciplinary process for teachers and some recent case study examples.
Presented by Kate Henderson, Lead Investigator, Teaching Council of Aotearoa New Zealand and Tejal Panchal, Lawyer, Teaching Council of Aotearoa New Zealand
Learning Objectives:
- Gain guidance on how to manage different types of leave and staffing arrangements
- Walkthrough how best to handle teacher discipline and manage teacher competence
- Understand how best to conduct board meetings to avoid a flawed disciplinary process
- Examine how you can balance competing interests between staff and students in your school
Presenters
Kiri Harkess, Partner, McElroys
Kiri Harkess is a civil litigator who commenced practice in 2004. She has worked at McElroys since February 2009, joining the partnership in January 2015. Kiri regularly acts for professionals facing civil claims and/or disciplinary proceedings. Kiri also leads McElroys’ employment practice, representing employers in the Authority, Employment Court and Court of Appeal. Kiri has acted for School Boards and Proprietors in matters involving employment disputes, vaccine mandates, and abuse in care.
Leo Donnelly ONZM, Barrister, Education Law NZ
Leo Donnelly ONZM is a former Ombudsman of New Zealand and is one of New Zealand’s leading experts in official information and privacy law. As an Ombudsman, Deputy Ombudsman and a senior investigator at the Office of the Ombudsman, Leo spent 3 decades investigating and reviewing complaints about the administrative actions and procedures of state sector organisations and recommending resolutions to promote fair, just and transparent delivery of services to the public. This involved assessing individual actions and omissions in the context of an organisations systems and culture and statutory responsibilities. Leo brings governance and strategy expertise and wide experience in complaint handling and dispute resolution.
Brent Lewis, Former Principal, Avondale College
Brent Lewis has led three secondary schools and is the former Principal of Avondale (a secondary School of over 2,800 students and 240 staff). Brent has both an MA and MBA and uniquely has been the chair of both the Wellington and Auckland principals associations, Avondale College has high success rates in both NCEA and Cambridge pathways with students consistently topping NZ and the world in various subjects, Currently the college has former students at Oxford, Cambridge, Harvard and Amherst; all on scholarship., Avondale College is now the highest provider of IT industry certifications in Microsoft, Adobe, and Autodesk in New Zealand and Avondale students have made up all of the national representatives to the Microsoft Global championships for three years in succession..8 students winning top ten finishes against annual fields of 1 million., The college now has its own data centre and leading edge network and most recently Brent has been engaging with international and domestic strategic partners on the Colleges new Innovation Programme which is being trialled with other schools as a not-for- profit initiative.
Vanessa Curac, Barrister, Friendship Chambers
Vanessa started out as a solicitor for Oranga Tamariki, before becoming a Barrister, working in the Youth, Family and Criminal Courts. Vanessa mainly represents young people in the Youth Court, children in the Family Court and young adults in the District Courts in South Auckland. Vanessa has recently worked with survivors in the Abuse in State Care Inquiry as a panel lawyer, and currently sits on the board of her daughters college in Auckland. Vanessa is based in Friendship Chambers in Manukau.
Kris Morrison, Partnership Chair, Parry Field Lawyers
Kris is a lawyer and is the board chair at Parry Field Lawyers. He joined Parry Field in 2002 and leads our corporate and technology, and regularly advises on business structuring, acquisitions, intellectual property ownership and licensing, software agreements, services agreements and joint venture agreements, as well as solvency issues affecting business operations. Kris acts for a number of not for profits, charities and social enterprises, assisting with a range of issues including property matters, drafting of constitutions, trust deeds and operational rules, incorporation, charitable registration and schedule 32 applications. He also represents a number of schools and has particular expertise in the framework that governs state integrated schools in New Zealand. Kris is a director of the Charity Law Association of Australia and New Zealand and was previously a board member of Digital Future Aotearoa, chair of the Christian Education Network in Christchurch and the presiding member of the Emmanuel Christian School Board.
Mat Martin, Senior Associate, Lane Neave
Mat is a specialist civil and commercial litigation lawyer based in Auckland. He has acted in a range of civil and commercial disputes, including in relation to insolvency, construction, contract, shareholder, employment and property-related matters. He has particular experience in dealing with complex litigation, providing accurate and timely advice to clients seeking to resolve difficult issues.
Rachael Judge, Partner, Simpson Grierson
Rachael Judge is a Partner at Simpson Grierson, specialising in employment and education law. Rachael acts for several independent and state schools on matters such as terms of enrolment, student disciplinary issues, student human rights claims, school policies and the Children’s Act 2014. She also advises schools in relation to their employment agreements and staff disciplinary issues. Rachael regularly attends mediations and represents clients in Employment Relations Authority, Employment Court and Human Rights Review Tribunal matters.
Gretchen Stone, Partner, Harrison Stone
Gretchen Stone specialises in employment and education law. She advises secondary principals through the Secondary Principals Association of New Zealand and with primary principals as the Honorary Solicitor for Auckland Primary Principals Association. Gretchen has extensive experience advising Principals and Board of Trustees in relation to employment and disciplinary issues, governance and management, student discipline issues, social media, and all areas of legal liability within the education sector.
David Graham, Principal, Goodwood School
David Graham is an experienced school leader having led three primary schools across the Waikato. He is currently the principal of Goodwood School (a primary school of 400 students) and co-leader of Te Kahūi Ako o Te Oko Horoi, the Cambridge Community of Learning. David has recently returned from the United Kingdom where he worked with the Anna Freud Centre and the national Partnership for Inclusion of Neurodiversity in Schools (PINS) programme. His research investigated policy and programmes which support learners who are neurodiverse, their peers and teachers.
Darren Gunasekara, Senior Associate, DLA Piper
Darren is a Senior Associate at the global law firm DLA Piper, specialising in employment law. He has advised and represented clients in a range of industries including early childhood, primary, secondary and tertiary employers in the education industry. He has provided strategic and pragmatic advice and representation on matters including personal grievances, workplace policy reviews, workforce restructuring, workplace health and safety, collective bargaining and assisting employers through regulatory audits and investigations. He has acted for private schools in New Zealand and tertiary education providers in New Zealand and Australia and regularly attends mediation on employment matters. Darren takes a particular interest in 'global employment' issues and works closely with DLA Piper's global employment team so understands that different employers have different needs which do not necessarily fit squarely within New Zealand's legal framework. He has applied this to his work in the education sector, assisting education providers to balance what are often competing legal obligations.
Tejal Panchal, Lawyer, Teaching Council of Aotearoa New Zealand
Tejal is a lawyer at the Teaching Council of Aotearoa New Zealand. Tejal helps to provide legal advice to the Council and its independent decision-making bodies, including the Complaints Assessment Committee and Competence Authority. Prior to joining the Council, Tejal worked in general legal practice, firstly at a medium firm in Lower Hutt and then a small practice in Wellington. Tejal has a background in litigation, particularly in the Family and District Courts.
Kate Henderson, Lead Investigator, Teaching Council of Aotearoa New Zealand
