Relevant Sections of
Schedule 6
Other provisions applying to Boards
7 One trustee to preside at meetings
(1)
Every Board must appoint a trustee (not being the principal or a
staff or student representative) to preside at meetings of the Board.
(2)
The appointment must be made—
(a)
at the Board's first meeting in any year, unless it is an
election year, in which case it must be at the first meeting
held after the election; and
(b)
when the Board has resolved that it has no confidence in
the person for the time being appointed; and
(c)
when the person for the time being appointed ceases to be
a trustee, or resigns the task by notice in writing to the
Board.
Clause (7)(a) was substituted, as from 15 December 1994, by
section 2(3) Education Amendment Act 1994 (1994 No 148).
Clause 7(ab) was inserted, as from 23 July 1990, by section 33(1)
Education Amendment Act 1990 (1990 No 60).
Clause 7(b) was amended, as from 23 July 1990, by section 33(2)
Education Amendment Act 1990 (1990 No 60) by inserting the
words “for the time being”.
Clause 7 was substituted, as from 17 May 2006, by section 55
Education Amendment Act 2006 (2006 No 19).
8 Meetings
(1)
(2)
(c)
Section
117
Every Board shall hold a meeting not later than 3 months after its
previous meeting, at a time and place determined at the previous
meeting.
Where a Board does not at any meeting determine a time and place
for its next meeting, the time and place of its next meeting shall be
determined—
(a)
By the person for the time being appointed under clause 7
of this Schedule; or
(b)
Where no such person is for the time being appointed,
and a trustee who presided at the Board's previous
meeting is still a trustee, by the trustee; and
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Where no such person is for the time being appointed,
and either—
(i)
Such a person presided at the Board's last
meeting; or
(ii)
The trustee who presided at the Board's last
meeting is no longer a trustee,—
by the principal.
Where a casual vacancy occurs, the person for the time being
appointed under clause 7 of this Schedule or, where there is no
such person, the principal shall fix a time (being within 28 days of
the occurrence of the vacancy) and place for a meeting of the
Board to deal with the vacancy.
No business shall be transacted at any meeting of a Board unless
more than half the trustees then holding office are present.
At a meeting of a Board,—
(a)
The person for the time being appointed under clause 7 of
this Schedule shall preside if present; and
(b)
Otherwise, a trustee (not being the principal or a staff or
student representative) appointed by the Board at the
meeting shall preside.
Every question before a Board shall be decided by a majority of
the votes cast on it by trustees present.
At a meeting of a Board, the person presiding has a deliberative
vote on every question and, on any question where deliberative
votes for and against are equal, also has a casting vote.
Subject to subclause (11) of this clause, a trustee who has a
pecuniary interest in any matter or any interest that may reasonably
be regarded as likely to influence a trustee in carrying out his or
her duties and responsibilities as a trustee shall be excluded from
any meeting of the Board while it discusses, considers, considers
anything relating to, or decides, the matter.
Subject to subclause (11) of this clause, a trustee who is a member
of the Board staff shall be excluded from any meeting of the Board
while it discusses, considers, considers anything relating to, or
decides, any matter relating to the trustee's employment by the
Board, or to the course of action to be taken following the hearing
of a complaint against the trustee (being a complaint against the
trustee in the trustee's capacity as a member of the Board staff).
(10)
(11)
(11A)
(11B)
(11C)
(12)
Subject to subclause (11) of this clause, a trustee who is a student
enrolled at the school or institution shall be excluded from any
meeting of the Board while it discusses, considers, considers
anything relating to, or decides, any matter relating to the trustee as
an individual student.
A trustee may attend any meeting of the Board to give evidence,
make submissions, or answer questions.
A meeting of the board may be held—
(a)
by more than half the trustees then holding office being
assembled together at the time and place appointed for
the meeting; or
(b)
by means of audio, audio and visual, or electronic
communication provided that—
(i)
all of the trustees who wish to participate in the
meeting have access to the technology needed
to participate in the meeting; and
(ii)
a quorum of members can simultaneously
communicate with each other throughout the
meeting.
A resolution signed or assented to in writing (whether sent by post,
delivery, or electronic communication) by all members is as valid
and effectual as if it had been passed at a meeting of the board duly
called and constituted.
The resolution may consist of several documents containing the
same resolution, each signed or assented to in writing by 1 or more
members.
Except as provided in this Act, every Board shall determine its
own procedures.
Subclause (8) was amended, as from 25 January 2005, by section
200 Crown Entities Act 2004 (2004 No 115) by inserting the
words “or any interest that may reasonably be regarded as likely to
influence a trustee in carrying out his or her duties and
responsibilities as a trustee” after the words “who has a pecuniary
interest in any matter”.
Subclauses (11A) to (11C) were inserted, as from 25 January 2005,
by section 200 Crown Entities Act 2004 (2004 No 115).
SCENARIOS
1
An issue has arisen at our school over comments made by the chairperson to
the media regarding a student disciplinary issue. The board is unhappy with the
comments and says they do not reflect the feelings of the majority of the board. How
do we stop this happening again? Do we need a policy?
2
We have been told that when the board excludes the public from parts of a
board meeting we must state in the general minutes why we are excluding the public,
what was discussed and what was decided. Is this correct?
3
I am finding it increasingly difficult to chair our board meetings as every
discussion turns into a shouting match. One trustee in particular is a bully and
constantly makes personal comments regarding trustees and their families. Am I able
to point out the unacceptable manner in which this trustee acts even if they have been
elected on to our board?
4
We have one trustee who continually dominates discussions. I am
increasingly concerned that the rest of the board just accepts this and when we open
up discussions no one says anything. How can I get the other trustees to speak up?
5
I have heard back from some members of our community that when one of
our board is at social functions they are continually bad mouthing the staff and in
particular the principal. I have asked this trustee to resign as I am sick and tired of this
behaviour. I have been told that only the community can force him to do this. Is that
true?
6
I understand that as board chair I am supposed to form a close working
relationship with the principal. Is it a good idea that we have a weekly meeting to
share information and plan for the future?