What’s your strategy for avoiding the potential downfall due to legal missteps in school counselling? With confidentiality breaches, safeguarding concerns, and navigating the legal rights of vulnerable students, it’s critical to have clear guidelines that protect both you and your students. Arm yourself with the knowledge to make decisive, informed decisions regarding student safety, confidentiality, and inclusivity. With practical strategies for addressing everything from data protection to transgender and disability concerns for student inclusion, you’ll leave equipped to deal with any legal issue that may arise in your counselling role.
Chair: Victoria Marsden, Head of Student Services and Counsellor, Hobsonville Point Secondary School
- Navigating the school’s duty of care to protect all students and maintain a safe learning environment
- Addressing the rights of both the alleged victim and the alleged perpetrator while ensuring procedural fairness, the New Zealand Bill of Rights Act 1990 and the Evidence Act 2008 issues
- Clarifying mandatory reporting requirements, privacy laws, and the role of external agencies including Police and Oranga Tamariki in investigating and supporting these cases
- Developing robust school policies, handling parental engagement, and mitigating risks of retraumatisation or escalation
Presented by Sarah Mandeno, Barrister
- Understand how to balance confidentiality and student safety while managing legal obligations
- Learn effective strategies to safeguard student data, prevent breaches, and respond to incidents within schools
- Understand the legal approaches to managing sexualised behaviour between students
- Develop skills to identify, address, and manage hate speech and discrimination while ensuring legal compliance
Chair: Linda Clouston, Senior Counsellor, Westlake Girls High School
- The right to an education for our young people UNCROC, EaTA
- Key principles to consider in the Education and Training Act 2020 in regard to student rights
- Rights with diversity in mind (disabilities, rainbow etc)
- Rights to Privacy in an education setting
- Some legal ages and stages in Aotearoa for our young people and how that impacts decision making
- The Disciplinary Process in action
Presented by Sarah Guy, Education and Engagement Manager, Youth Law
- The law on disability discrimination and reasonable accommodations
- Definitions of discrimination, disability and reasonable accommodation
- Bill of Rights Act, Human Rights Act, and how these apply to schools
- Accommodating the needs of disabled students
- Who decides what is reasonable?
- Factors to consider when making decisions on reasonable accommodations
- Experts, evidence, and documentation
- Unexpected or undiagnosed disability
Presented by Nick Johnston, Community Educator, Aotearoa Disability Law Centre
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- Consider best practice guidelines when it comes to:
- Balancing confidentiality with safeguarding students
- Managing breaches of confidentiality and sensitive information sharing
Presented by Kate Lethbridge, Chief Advisor Employment, Te Whakaroputanga Kaitiaki Kura o Aotearoa New Zealand School Boards Association and Belinda Weber, Chief Advisor Governance, Te Whakaroputanga Kaitiaki Kura o Aotearoa New Zealand School Boards Association
- Privacy obligations of schools generally
- Collecting personal information from children lawfully
- Safeguarding personal information
- Common challenges and pitfalls
- What to do in instances of breach
Presented by Günes Haksever, Senior Associate, Dentons
Equip yourself in your role as a school guidance counsellors with the legal and practical tools to address hate speech and discrimination effectively.
- What hate speech and discrimination mean under New Zealand law
- The school’s role in preventing and responding to incidents
- How to support students affected by or involved in harmful behaviour
- Ways to balance free speech with school policies
- Understanding key legal risks
Presented by Andrea Twaddle, Director, Davidson Twaddle Isaac Lawyers Limited
Transgender young people have the right to attend school and be treated with respect and dignity. However, they can frequently face barriers to inclusion – whether from other young people, teachers, school policies, or the wider school community.
- Explore these barriers
- Understand the legal obligations schools have for transgender young people
- Navigate recommendations on how schools can be places of inclusivity for all their students
Presented by Michael Cabral Tarry, Field Officer (Rainbow Taskforce Coordinator), New Zealand Post Primary Teachers Association Te Wehengarua
- Gain knowledge of youth law, including student rights, and advocacy for vulnerable students
- Learn the legal requirements and best practices for supporting transgender students
- Understand schools' legal obligations to provide reasonable adjustments and implement best practices for students with disabilities
Presenters
Linda Clouston, Senior Counsellor, Westlake Girls High School
Linda Clouston currently holds a part-time position as a senior counsellor at Westlake Girls High School. Her previous roles have included Head of Learning Enhancement (encompassing Counselling and Learning Support), Dean, Resource Teacher of Learning and Behaviour, as well as team leader and classroom teacher. Her diverse experiences eventually led her to counselling, a field that has proven to be a strong fit for her skills and interests. In addition to her work as a school counsellor, she provides supervision to Deans and other middle managers at two other schools, offering advice, guidance, and support to enhance both their professional effectiveness and wellbeing. She views conferences as valuable opportunities for learning and networking, essential for counsellors to remain effective practitioners while ensuring the safety and wellbeing of both students and themselves. She is particularly passionate about equipping students with the tools they need to succeed at their level and ensuring they are treated fairly and equitably. She also recognises the importance of fostering resilience and happiness in young people. For her, ongoing professional development is not only a requirement of best practice but also an opportunity for growth—both invigorating and, at times, challenging.
Sarah Guy, Education and Engagement Manager, Youth Law
Sarah is the Education and Engagement Manager at Youth Law. Having worked in the community sector for many years, Sarah has an extensive knowledge and experience in the education field. She is passionate about sharing knowledge and empowering the youth she works with to fulfil their individual potential. With a friendly approach, Sarah is keen to make the law and youth’s rights known and accessible across the board. Sarah’s love for art and laughter filters through every aspect of her life, and is always equipped with a bad joke or two.
Michael Cabral Tarry, Field Officer (Rainbow Taskforce Coordinator), New Zealand Post Primary Teachers Association Te Wehengarua
Michael Cabral-Tarry (he/him) is a field officer with the New Zealand Post-Primary Teachers’ Association Te Wehengarua. He looks after schools across South Auckland – and is the national field officer for Te Tōpūtanga Āniwaniwa, the PPTA’s Rainbow Network. A union activist for over two decades, Michael was a teacher for 14 years in schools across Northland and Auckland. As a teacher and trade unionist, Michael is a strong advocate for all schools to be safe places for all rangatahi to learn at and for all kaiako to teach at. When he’s not at work, Michael enjoys exploring the outdoors with friends and whānau and discovering delicious brunch places with his husband and family.
Victoria Marsden, Head of Student Services and Counsellor, Hobsonville Point Secondary School
Victoria has completed both a Masters in Counselling (2008) and a Postgraduate Certificate in Supervision (Counselling) at Waikato University (2017). Victoria is the Head of Te Ara Manaaki Student Services at Hobsonville Point Secondary School, with a counselling role. She leads a team of counsellors and the school nursing staff. Victoria is a fully accredited member of the New Zealand Association of Counsellors (NZAC) and adheres to the principles of the NZAC Code of Ethics. Victoria works within a restorative, narrative and social constructionist framework and has published and been a reviewer for articles submitted for publication in peer reviewed academic journals both within New Zealand and overseas. Victoria has presented at conferences and delivered numerous workshops on both disordered eating and creating safe environments for our Rainbow rangatahi in schools.
Kate Lethbridge, Chief Advisor Employment, Te Whakaroputanga Kaitiaki Kura o Aotearoa New Zealand School Boards Association
Belinda Weber, Chief Advisor Governance, Te Whakaroputanga Kaitiaki Kura o Aotearoa New Zealand School Boards Association
Gunes Haksever, Senior Associate, Dentons
Gunes is a Senior Associate in the Innovation and Technology practice at Dentons, specialising in commercial contracting, technology and privacy law. He advises clients on consumer law, regulatory compliance, commercial agreements (particularly in the tech industry), IP licensing, consumer, media and marketing law, and delivers pragmatic, practical, and commercially-focused advice. Gunes regularly advises his clients on privacy and data protection law, including international clients entering into the New Zealand market, and existing players looking to ensure their privacy and data protection practices are up to speed. He has advised numerous clients all over the globe including in New Zealand, Germany, United Kingdom and the United States, and he has experience coordinating multijurisdictional matters. He has worked with major banks, insurance providers, global technology giants and online platforms, biotechnology companies, consumer electronics manufacturers, and state-owned enterprises. Gunes has a deep curiosity on cutting-edge technology and has been recognised by his clients for his technical understanding.
Sarah Mandeno, Barrister
Sarah is an experienced barrister specialising in serious crime. Between 1999 to 2004 she worked for the Auckland Crown Solicitor’s office. She then worked in the United Kingdom and qualified as a solicitor of England and Wales in 2006. In 2007 Sarah left her position at Field Fisher Waterhouse in London, where she was involved in the conduct of regulatory proceedings for the General Medical Council and Nursing and Midwifery Council, to rejoin the Auckland Crown Solicitor’s office where she was a senior Crown prosecutor (2008) and made an Associate (2009). Between June 2016 and January 2018 she worked as a senior lawyer at the Public Defence Service, Manukau before commencing practice as a Barrister in June 2018. Since then Sarah has been a Youth Advocate (PAL 1-4) and undertakes assignments as either the assigned advocate or counsel to assist the Court in the Youth Courts in Tāmaki Makarau (including Rangatahi Courts, Ngā Kōti Rangatahi, and Pasifika Court). She is a member of the Abuse in Care Inquiry Legal Assistance Panel. She is a member of the Criminal Committee of the New Zealand Bar Association.
Andrea Twaddle, Director, Davidson Twaddle Isaac Lawyers Limited
Andrea is an experienced, highly effective, specialist employment lawyer and workplace investigator. Andrea is well known for providing astute, commercially sound and pragmatic advice. Her experience as a Director and prior career in human resources ensures a first-hand understanding that people are essential to an organisation’s success and that there are rewards and challenges that arise from managing staff. Andrea is recognised as one of few specialists in the greater Waikato region to conduct high quality, independent workplace investigations into allegations of misconduct (including harassment and bullying). She is a member of the Association of Workplace Investigators (AWI), and holds the AWI Institute Certificate in international best practice investigations. Andrea has a specialist interest in sport and recreation, and education. She is a Deputy Chair of the New Zealand Sports Tribunal, the Selection Review and Appeals Commissioner for Rowing New Zealand and a member of the Australian and New Zealand Sports Law Association. Andrea has expertise in the health (in particular mental health) and education sectors. She provides advice and representation in Coronial Inquiries. Andrea was Counsel for respondent employers in the pay equity claim for Support Workers in the mental health sector, from which a successful settlement was negotiated with Government and legislation followed.
Nick Johnston, Community Educator, Aotearoa Disability Law Centre
Nick Johnston is the Community Educator at Auckland Disability Law, and responsible for ADL’s legal education programme in the Auckland and Northland regions. Nick is not a lawyer; instead, his professional background lies in Occupational Therapy, where he supported stroke survivors back into employment. Witnessing the challenges and discrimination disabled people faced first-hand has fuelled his passion for working to remove the barriers that prevent disabled people from participating in society, as well as his desire to ensure that everyone is aware of their rights and obligations under the law.