Sir Geoffrey said the emphasis should be on assisting rather than penalising schools. File photo / Mark Mitchell
Greater powers are needed to censure private schools which are not up to scratch, the Law Commission has recommended.
In a report issued today, Law Commissioner Sir Geoffrey Palmer said the 90-year-old legislation covering private schools was "past its use-by-date".
Private schools that do not meet standards can be deregistered,
but lesser penalties are not available, the report said.
There were also gaps in what is required of private schools with no restrictions on who can operate them, including people with lengthy criminal records, and schools are not obliged to look after students' welfare.
"This is obviously unsatisfactory in the 21st century," Sir Geoffrey said.
The report's recommendations aim to make the legislation less ambiguous and provide more options for dealing with schools that do not meet standards or comply with the law.
Schools should be required to offer a "safe and supportive environment" where students' welfare is taken into account, and staff should be vetted to ensure they are "fit and proper" for employment.
The report also recommends that enforcement powers be increased to ensure schools comply with registration criteria and fulfil their statutory duties.
Government should also be able to step in when there are reasonable grounds to believe criminal activities are occurring, such as fraud or harm to children.
A number of new actions against non-compliant schools should be introduced, including prosecution, withdrawing some or all Government funding, and suspending a school's registration.
"It may seldom, or never, be necessary to use such powers, but they need to be there in case," Sir Geoffrey said.
The emphasis should be on assisting rather than penalising schools, he said.
"The purpose of this report is certainly not to make fundamental changes to the private school sector.
"For the great majority of schools it will be business as usual."
The private school sector in New Zealand was generally strong and many schools were "very good indeed", Sir Geoffrey said.
New Zealand's 99 registered private schools last year had a combined roll of about 30,000 students.
The Government has been criticised by Labour for increasing funding of private schools.
- NZPA
