Frequently Asked Questions - Disciplinary Tribunal

What if the teacher or the Complaints Assessment Committee (CAC) believe a proposed member of the Disciplinary Tribunal (the Tribunal) has a conflict of interest?

The Rules allow five working days for the parties to object to the membership of the Tribunal on the grounds of a conflict of interest.

What does the Chair of the Disciplinary Tribunal do?

The Chairperson presides over Tribunal hearings, and signs decisions and orders made by the Tribunal. The Chairperson also makes procedural and administrative orders, such as the way in which statements of evidence and submissions will be filed in advance of the hearing, the order and the way that certain evidence will be given. These types of orders are made at a preliminary hearing called a pre-hearing conference and are usually held by way of a telephone conference.

Statements of evidence and other documentation are provided to the Tribunal in advance of the hearing in order that the Tribunal may have the background of the case brought against the teacher by the CAC.

Who is advised of a Disciplinary Tribunal hearing?

  • the teacher concerned;
  • the teacher's current employer; and
  • the Complaints Assessment Committee.

Who may attend a Disciplinary Tribunal hearing?

The only people who can attend at a hearing as of right are the teacher and/or representative and the CAC and/or representative. In addition to these people and the Tribunal members, there is the secretary to the Tribunal and any other administrative support such as a typist.

Can I bring support people with me?

Teachers may be accompanied by support people as well as their representative. If a support person is desired, this should be raised at the pre-hearing conference.

What happens if a third party makes an application to be allowed to attend a hearing?

The Conduct Rules 2004 state that Tribunal hearings are held in private, although any person can make an application:

  • for the hearing, or part of the hearing, to be held in public;
  • to be allowed to attend a private hearing; and
  • for an order allowing the publication of the teacher's name, or any information that was disclosed at the hearing.

If one of the above applications is made, the Tribunal will hold a private hearing to decide whether the application should be granted. The teacher, the CAC, the applicant or the person who made the original complaint or report (the initiator), and the teacher's current employer are all entitled to make submissions.

The Tribunal may grant the application and make the appropriate orders, if it is satisfied that it is desirable to do so, having regard to the interests of any person and to the public interest. Any person can apply to the Tribunal to have the orders revoked.

What powers does the Disciplinary Tribunal have?

  The Tribunal has the authority to:

  • carry out any of the functions that the Complaints Assessment Committee could have done under section 139AT(2);
  • censure a teacher;
  • impose conditions on the teacher's practising certificate or authority for a specified period;
  • suspend the teacher's practising certificate or authority for a specified period, or until specified conditions are met;
  • annotate the register or list of authorised persons in a specified manner;
  • impose a fine not exceeding $3,000;
  • order that the teacher's registration or authority be cancelled;
  • require any party to the hearing to pay costs to any other party;
  • require any party to pay a sum to the Council in respect of the costs of conducting the hearing.

Can I have an interpreter?

Yes, if an interpreter is necessary for any person giving evidence or for a party, then the Tribunal should be contacted at least two weeks before the hearing.

Will I have to swear on the Bible?

Before giving evidence, you will be requested to take an oath (swearing on the Bible to tell the truth) or make an affirmation (a promise to tell the truth). You should indicate whether you prefer an oath or an affirmation.

When will the decision of the Disciplinary Tribunal be available?

The Tribunal generally tries to give its decision within a month of the hearing being held but it maybe longer depending on the complexity of the case and the availability of the members to consider it. The Tribunal is required by Rule 36 of the New Zealand Teachers Council (Conduct) Rules 2004 to give its decision in writing.  

Will the decisions of the Disciplinary Tribunal be published?

The Council may publish a report or account of the hearing, or limited other information, but will do so in a way that preserves the anonymity of the parties, or as in accordance with an order of the Tribunal. Click here for the index to the Tribunal decisions.