A tiny central Northland school faces possible prosecution under the Education Act for opening its doors to children in defiance of a ministry instruction last year to close and merge with other nearby schools.
The Ministry of Education says 95-year-old Orauta School, also known now as Te Kura Kaupapa Maori
o Te Maara o Hineamaru Ki Orauta, must apply for provisional registration as a private school to allow it to keep operating legally.
When ordered to close, it had 29 pupils, eight pre-schoolers and 2.6 full-time equivalent teaching staff.
Board of trustees chairman Ken Brown has maintained since last year that with parental, staff and community support, the school will not close or merge.
No application for registration, which would take two weeks to process, has been made, Northland operations manager Chris Eaves said.
Orauta was identified in a review last year as one of a number of schools in central Northland and the Russell Peninsula area to close or merge with other schools.
Mr Mallard said closing Orauta and Te Kura o Matawaia would release $400,000 for local education.
Mr Eaves said he explained the ministry's position and although no settlement was reached, they agreed to maintain contact.
He believed the number on the school's roll this year was "close to 20 school-aged children" but it had not provided confirmation.
Further steps are being planned by the ministry this week, with a number of options being considered to try to resolve the issue.
"We want to ensure the children get the best options," Mr Eaves said.
Under the Education Act, parents are required to send their children to a registered school or to seek exemption for alternatives. Those who fail are liable to a one-off $1000 fine.
A group or body running an unregistered school can be fined up to $200 a day for each day the school continues to operate illegally.
Mr Eaves said the ministry was not threatening action against the school or parents "at this point" but the trustees and parents had been advised that this was a potential issue they may have to address.
