4006
THE NEW ZEALAND GAZETTE.
[No. 167

teacher employed in a public school at the date of the coming into operation of this Order shall be determined on that date as follows —that is to say, he shall receive the salary to which he would have been entitled had this Order not been passed, provided that in the case of a married assistant regard shall not be taken of the additional salary (if any) to which he would have been entitled in accordance with the note to the Fourth Schedule of the Act. In addition to the salary so ascertained he shall receive by way of salary the special increment mentioned in column 4 of Schedule I of clause 13 hereof, and shall also, in the case of a married assistant, receive the additional salary (if any) to which he is entitled in accordance with subclause (3) of the said clause.

26. Except to such extent as may be necessary to comply with the requirements of clauses 21 and 25 hereof, nothing in these regulations shall entitle any teacher to a salary higher than the maximum for the grade of salary attached to his position.

27. (i.) If any school is at the beginning of any year placed in Grade I or a higher grade, and that school is thereafter reduced in grade, any teacher who remains in the same position therein shall continue to receive the same salary and allowances as if no such reduction had taken place:

Provided that if he has been offered and has declined to accept in a public school, secondary school, technical high school, or in any school under the control of the Department, any position the salary and allowances attached to which are not less than the salary and allowances that would have been received by him if the first-named school had not been reduced in grade, then he shall continue to receive for two years after the reduction, but no longer, the same salary and allowances as if no reduction had taken place, and thereafter, until new conditions arise, he shall receive as his salary and allowances the maximum salary and allowances prescribed for his position according to the grade to which the school has been reduced:

Provided further that in no case shall any teacher be entitled to receive salary and allowances in excess of that payable for the reduced grade or subgrade of the school for a longer period than five years.

(ii.) The teacher of a part-time school which has been established as a full-time school shall, if he was the teacher of a group of part-time schools, be considered for the purposes of this clause as remaining in the same position.

28. Any teacher who is appointed temporarily to any position, or acts as relieving teacher or locum tenens for a teacher, in a public school shall while he occupies such position be paid salary and allowance not lower than the salary and allowance to which he would have been entitled if he had been permanently appointed to such position:

Provided that if in the opinion of the Board the qualifications of a teacher who is not the holder of a teacher’s certificate or a license to teach do not warrant the payment to such teacher of the salary prescribed for the position to which he is appointed, the Board may, with the concurrence of the Minister, pay salary at a lower rate than the prescribed salary.

29. If the first female assistant in any school at the coming into operation of this Order be not appointed to the position of infant mistress in accordance with clause 45 hereof, such assistant may, with the approval of the Minister, so long as she remains in the same position, continue to be paid at the rate of salary payable to the first female assistant.

30. (1.) In the case of a reduction in the staff of a school, such amount shall be paid to the Board in respect of the teachers whose services are dispensed with as will enable the Board to comply with section 82 of the Act; but, with the exceptions set forth in subclause (2) hereof, in no circumstances shall payment be made to the Board on account of the salary of any teacher for a longer period than four months after the end of the quarter in which the school ceases to be entitled to the services of such teacher if such teacher had been permanently appointed, or for a longer period than two months in any other case.

(2.) In any school in which, under these regulations, a reduction in the staff is to be made, if at the beginning of any subsequent quarter it is found that the average attendance of the school for the quarter immediately preceding has increased so that the minimum average attendance of the grade or subgrade for which such staff has been provided has been reached, then, if notice to the teacher or teachers to be withdrawn has not expired, payment of the salary or salaries of the said teacher or teachers may, with the precedent approval of the Minister, be made for such period as the Board may decide, being not more than four months after the beginning of the quarter first named; and so on from quarter