NEW ZEALAND GAZETTE, No. 105

7 JULY 2005

Section 103 of the Education Act 1989 lists the categories of persons who are not eligible to be elected, appointed or co-opted as trustees. The list is set out below:

A person who:

• is mentally disordered (within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992); or
• is an undischarged bankrupt; or
• is prohibited from being a director or promoter of, or being concerned or taking part in the management of, a company under sections 382, 383 or 385 of the Companies Act 1993; or
• is a permanently appointed member of the Board staff, unless they are starting for election as a staff representative; or
• contracts or sub-contracts with the Board without the approval of the Secretary for Education and receives payments exceeding $25,000 in any financial year (this provision is set out in section 70A of the Education Act). Such sub or cover situations where a person has a 10% or more shareholding in the contracting company or the company that controls the contracting company; or
• is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
• is a person in respect of whom a personal order has been made under that Act that either the person is not competent to manage his or her own property affairs, or does not have the capacity to communicate/make decisions relating to his/her welfare/personal care; or
• is a person who has been convicted of an offence punishable by imprisonment for 2 years or more or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person; or
• is not a New Zealand citizen; and is —
  • a person to whom section 7 of the Immigration Act 1987 applies; or
  • a person obliged, by or pursuant to that Act, to leave New Zealand immediately or within a specified time, being a time that was less than 12 months earlier; or
• deemed for the purposes of that Act to be a person who is in New Zealand unlawfully.

No person who has been appointed returning officer for an election of trustees is eligible to be nominated as a candidate in that election.

A student representative is a student (other than an adult student) enrolled full-time at the school above Year 9 who is elected or appointed to represent other students.

Section 103B Requirements before Appointment

Before a person is elected, co-opted or appointed as a trustee, the person must confirm to the governing board that he or she is not, to the best of his or her knowledge, eligible to be a trustee, having regard to the grounds of ineligibility in section 103.

Please note: This information has been prepared as general advice and it is not intended to be legal advice in relation to any specific circumstances.

For more information about persons ineligible to be trustees,
refer to section 103 of the Education Act 1989, or call:

NZSTA Helpdesk 0800 702 435

Parent Representative ELECTION NOMINATION FORM

when opening into mid-term elections in a triennial election year

(circle one)

for election for 18 months / 3 years

School Profile Number

Name of person being nominated

I am standing for election into (please print)

Contact details of person making nomination

School Name

Signature of person making nomination

Date / / 20__

NOTE: Unless the nomination paper is on the roll for the election, the nomination is invalid.

This nomination paper should be posted or delivered to the Returning Officer at:

so that it is received no later than noon on

For official purposes only, persons being nominated are requested to complete the following (tick one)

1. Gender:

   • Female / Male

2. Previous experience as:

   • a current member standing for re-election
   • a current co-opted or appointed member of any school board of trustees standing for election
   • a person who has not previously been a member of any school board

3. Ethnicity:
   Which ethnic group or groups do you identify with? (tick up to two boxes)

   • NZ Maori
   • Pasifika
   • Other
   • NZ European/Pakeha
   • Asian

NOMINATION FORM