The school environment is a minefield of employment, safety and child protection legal issues, so it is crucial that you know how to respond quickly, lawfully and effectively when they arise. Hear from leading legal practitioners and the New Zealand School Boards Association in this information packed Conference. Gain practical insights into employment law issues and develop strategies to address investigations in your school, manage staff wellbeing and behaviour, and deal with requests for sensitive information.
Attend and earn 7 PLD hours
Discover how the Royal Commission's final report, ‘Whanaketia- Through Pain and Trauma, From Darkness to Light’ impacts the educational landscape. This pivotal report arising from the most comprehensive inquiry in Aotearoa New Zealand, presents recommendations to revolutionise the care system.
- Understand lessons learned about how to minimise the risk of abuse in schools, safeguarding policies and practices and engaging with redress system
- Learn about best practice complaint systems, record keeping and release, including retaining information and redaction guidance to ensure sensitive information is managed appropriately
Presented by Amanda Hill, Barrister & Solicitor, Amanda Hill Law and Ella Tait, Barrister, Kate Sheppard Chambers
- What is a Subpoena?
- Understanding the Different Types of Information Requests: subpoenas, Privacy Act 2020 requests, and Official Information Act 1982 requests
- Exceptions and Defences to Information Disclosure: knowing when information can be withheld
- Balancing Conflicting Privacy Rights: navigating privacy issues when handling information requests
Presented by Andy Bell, Partner, Lane Neave
- Understand legal requirements for pre-employment checks
- Gain clarity on the police vetting process for school staff
- Apply safeguarding practices from the Royal Commission’s report
- Handle subpoenas and information requests appropriately
- Ensure fairness and mitigate unconscious bias
- Stress and other psychosocial hazards in the workplace
- Why and how to manage it
- Interaction with other employment processes: some tips and tricks
- Relevant case law examples
Presented by Andrea Pazin, Special Counsel, Bell Gully
- What is workplace bullying and harassment?
- What are some ways to minimise the risks?
- How should you respond to a workplace bullying and/or harassment complaint?
- Recent caselaw
Presented by Tanya Kennedy, Barrister, Lambton Chambers
- Knowing and understanding critical terms of the employment agreement
- Importance of implied terms
- Legal implications of breaching employment agreements
- Avoiding common pitfalls
Presented by Sarah Townsend, Partner, Duncan Coterill
- The role of the investigator
- Internal vs external investigator
- When to engage an external investigator
- Complying with natural justice in investigations
- Standard of proof
- The decision maker
- When in the process to consider mandatory reporting
Presented by Caroline Rieger, Director and Principal Lawyer, Black Door Law
- Identify and manage workplace stress in schools
- Respond effectively to bullying and harassment complaints
- Understand the legal impact of breaching employment agreements
- Conduct fair and compliant workplace investigations
Chair: Denise Johnson, Principal, Hutt Valley High School
This session will provide context to the legal decisions and legislation that are being applied by, and to, your schools. The session will cover:
- The origins and mechanics of the sources of law in Aotearoa New Zealand (Tikanga Māori, Common Law and Statutory Law)
- The legal thinking and history that influences the application of employment and public law in Aotearoa New Zealand today
- Why the courts have a role in reviewing schools' decisions and why Parliament can rapidly change laws applying to schools
- Why there are conflicts between laws and how schools can approach a situation when they are stuck in the middle
Presented by Maynard Scott, National Employment Relations Advisor, Te Whakarōputanga Kaitiaki Kura o Aotearoa, New Zealand School Boards Association
- Understanding what information you have to request, what you can request, and what you should stay away from
- Privacy Act and Human Rights Act implications
- Immigration status, criminal records, credit checks and references
- Practising certificates
- Conditional offers and what to do if you don’t like the results
Presented by Blair Scotland, Partner, Dundas Street Employment Lawyers
Unpack the intricacies of police vetting processes in your school. This interactive discussion offers a comprehensive overview of the standards, challenges, and innovations shaping vetting protocols. Gain clarity on best practices and pose your questions to our expert panel, ensuring you leave with actionable insights and a robust understanding of this critical aspect of police enforcement.
Facilitator:
Denise Johnson, Principal, Hutt Valley High School
Panelists:
Rachel Dewhurst, Manager – Police Vetting & Information Request Services, New Zealand Police
Blair Scotland, Partner, Dundas Street Employment Lawyers
- Natural justice in different types of investigations
- Understanding bias and unconscious bias
- Strategies to mitigate unconscious bias in decision making
Presented by Jordan Boyle, Partner, Dyhrberg Drayton Employment Law
Chair: Simon Kenny, Principal, Fergusson Intermediate School
Presenters
Amanda Hill, Barrister & Solicitor, Amanda Hill Law
Amanda has been working as a lawyer since 2005. She began her legal career as a graduate with Cooper Legal before working in an insurance and commercial litigation team and as an in-house employment lawyer. Amanda rejoined Cooper Legal in August 2014. Amanda works on historic abuse claims against the Ministry of Social Development, the Ministry of Education and various Churches, as well as entities contracted by the government to care for children. Amanda can advise on privacy and discrimination issues and has a growing practice in the area of prisoner rights, seeking compensation for breaches of the rights of prisoners or people detained by the Police. Together with Sonja Cooper, Amanda provided factual and expert evidence to the Royal Commission of Inquiry into Abuse in Care about redress processes and continues to assist survivors to give evidence at Royal Commission hearings. Amanda is a past Board member of the youth organisation InsideOut Kōaro.
Ella Tait, Barrister, Kate Sheppard Chambers
Andrea Pazin, Special Counsel, Bell Gully
Andrea is an experienced litigation lawyer specialising in employment law, health and safety and education work. She is a Special Counsel in Bell Gully's industry-leading employment team. She advises on a broad range of employment matters. In the education sector she has advised ECE Centres, Schools, Universities, Polytechs, the Ministry of Education and Te Pūkenga – New Zealand Institute of Skills and Technology.
Denise Johnson, Principal, Hutt Valley High School
Denise Johnson is the principal of Hutt Valley High School, a large co-educational secondary school with a roll of 1730 students. Denise started her teaching career in Southland at Menzies College. She then taught for 3 years at various schools in London before returning to New Zealand in 1990. Denise was a Deputy Principal at Wellington Girls’ College and Wellington High School before joining the leadership team at HVHS as an Associate Principal in 2012. She co-led the school with the late Ross Sinclair for 8 years. Denise is a trustee and founding member of the Wellington Loop. She is interested in the transformative power of collaboration between educators and schools in order to build teacher capability and to develop innovative thinking and practice.
Maynard Scott, National Employment Relations Advisor, Te Whakarōputanga Kaitiaki Kura o Aotearoa, New Zealand School Boards Association
Maynard Scott is an in-house lawyer as part of his role as National Employment Relations Advisor at Te Whakarōputanga Kaitiaki Kura o Aotearoa – New Zealand School Boards Association (formerly known as NZSTA). In this role, he provides counsel for the organisation’s network of advisors, is a representative for state and state-integrated school board employers during the bargaining for education sector collective bargaining and pay equity claims and, working with the Ministry of Education and unions, guides the implementation of bargaining and claim settlements within schools in New Zealand. Alongside this work, he is a member of the Committee of the New Zealand Chapter of Australia New Zealand Education Law Association and has contributed to the International Journal of Law and Education. Before employment law, Maynard served two terms on his school’s board, tutored Criminal law and night-managed a university hall of residence home to 300 students.
Blair Scotland, Partner, Dundas Street Employment Lawyers
Blair Scotland has over 20 years' experience advising both public and private sector clients on employment matters. He has worked in-house and externally and his clients appreciate his legal know-how combined with his pragmatism that only someone who has worked as an in-house employment relations specialist can provide. Blair has an LLM (Hons) and a BA (Criminology) from Victoria University. He was admitted to the Bar in 1997 and joined the public service, firstly with the Department of Internal Affairs and then the Ministry of Social Development. He then moved to Telecom New Zealand Limited in an employment law role, and subsequently worked as a Senior Associate in the legal team of what is now Business Central (formerly EMA Central) for six years. Most recently, he was a Principal at Chen Palmer before setting up Dundas Street Employment Lawyers with Susan Hornsby-Geluk.
Rachel Dewhurst, Manager – Police Vetting & Information Request Services, New Zealand Police
Andy Bell, Partner, Lane Neave
Andy Bell merged his firm, Bell & Co with Lane Neave in 2022. He is now a partner at Lane Neave, practicing in the areas of employment law, family law and civil litigation. Andy is a highly skilled advocate in the High Court, District Court, Family Court and in the Employment Relations Authority. Andy was admitted to the bar in 2002 and has amassed two decades of dispute resolution and negotiation experience.
Jordan Boyle, Partner, Dyhrberg Drayton Employment Law
Jordan graduated with an LLB from Victoria University of Wellington in 2014 and was admitted to the Bar in September 2014. He joined Dyhrberg Drayton Employment Law in 2016. Jordan strategically advises employers and employees on a range of employment law matters. Jordan is usually able to pragmatically resolve contentious matters through negotiation and mediation. Where matters are not able to be resolved Jordan has consistently achieved successful outcomes through litigation. Jordan has appeared at all levels of courts and authorities, from the Employment Relations Authority to the Supreme Court. Jordan is an experienced workplace investigator, undertaking independent investigations for employers of all sizes in the public and private sector on a range of issues.
Simon Kenny, Principal, Fergusson Intermediate School
Simon has been in education for over 25 years now after leaving his career in graphic design and photolithography at the age of 26. He has taught in many schools in Wellington and has been the Principal of a small contributing School (Birchville School) before winning the Principal position at Fergusson Intermediate where he has been for the past 7 years. Leading the school community through the COVID years has been a challenge, but also a huge privilege and opportunity to learn and grow. Simon’s wife is also a Principal and they have a 16 year old son who went to both of their schools as a young student before escaping to college. Simon is passionate about education and empowering all of our amazing young people. He works in a high energy environment and absolutely loves his school, his team and his community.
Tanya Kennedy, Barrister, Lambton Chambers
Tanya Kennedy has over 20 years of experience in employment law. She has worked in private practice and a range of in-house Legal Counsel roles (including with a specific education focus). She has been a Barrister since 2019. She advises and represents clients in the full range of employment law issues and institutions, including mediation, the Employment Relations Authority, and the Employment Court. She also has extensive experience as a workplace investigator and representing clients in employment investigation processes. Tanya has experience advising and representing various parties to an employment relationship – employers, employees and unions. This enables Tanya to look at employment issues from various angles, to provide strategic and practical advice.
Sarah Townsend, Partner, Duncan Coterill
Sarah Townsend is a Partner in Duncan Cotterill's national Health and Safety and Employment team. She regularly advises schools and other education providers on both employment and health and safety matters, helping to work through often complex and stressful situations. She has extensive experience helping clients understand and comply with their health and safety obligations, as well as representing and advocating for clients following a health and safety incident. Sarah is the author of LexisNexis Practical Guidance - "Health and Safety Governance".
Caroline Rieger, Director and Principal Lawyer, Black Door Law