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Conduct concerns
Overview
The Teaching Council are committed to ensuring teachers meet the highest standard of professionalism for the safety and wellbeing of children and young people.
Our role
When a matter regarding a registered teacher’s conduct has been referred, the CAC’s role is to hear and determine disciplinary outcomes under Part 5 of the Education and Training Act 2020.
The Teaching Council receives and investigates a teacher’s alleged conduct before referring the matter to the CAC to consider and determine the outcome.
For more information regarding the CAC’s role, please see About.
What is the Teaching Council’s role in conduct matters?
One of the Council’s roles is to protect the safety of children and reputation of the profession by ensuring all teachers are fit to practise.
Teachers are expected to uphold the Code of Professional Responsibility | Ngā Tikanga Matatika. If there is a concern or complaint raised about an individual teacher breaching the Code, it is assessed, investigated if needed and action taken where necessary.
By proportion, complaints against teachers are rare. There are more than 109,000 practising teachers in New Zealand and about 80 people on average face a public Disciplinary Tribunal hearing a year.
What happens when a concern about a teacher’s conduct is raised?
For information about each stage of the process please follow the Teaching Council links below. Cases are subject to resolution at any of the stages.
Stage 1:
Stage 2:
Stage 3:
Referral of conduct concerns to Complaints Assessment Committee and investigation
Referral of health issue or other problem to impairment process
Stage 4:
For detailed information please read the Education and Training Act 2020 (Part 5, Subpart 4) and the Teaching Council Rules 2016. For matters notified to the Council prior to August 1 2020, see part 32 of the Education Act 1989.
Teacher’s rights and support
Teachers accused of professional misconduct have a right to procedural fairness, including the right to answer and defend allegations made against them.
Teachers will have several opportunities to provide their own evidence, respond to allegations and may seek representation from their union, lawyer or other.
The Teaching Council processes are guided by principles of natural justice and teachers have a right under law to appeal decisions of the Disciplinary Tribunal to the District Court.
Review of Complaints Assessment Committee decision
This part applies to review under section 499A of any decision of the Complaints Assessment Committee. A review conducted under section 499A of the Act by the Disciplinary Tribunal is to be conducted on the papers, unless the Disciplinary Tribunal otherwise directs. For more information about this process, please contact us here.
The Teaching Council Rules 2016 are secondary legislation that focus primarily on the procedures relating to the teaching profession’s professional disciplinary processes or competence evaluation processes. These rules were amended from Saturday 29 July 2023. Any reports or complaints received by the Teaching Council or already within our processes up until that date will continue to be managed under the “old” rules. Only reports or complaints received after Saturday 29 July 2023 will be managed under the new amended rules and can review a Complaints Assessment Committee decision. These can be viewed on the government legislation website here.