2 October 2020
John Luke
Via email:
[FYI request #13696 email]
Dear John
Thank you for your email dated 6 September 2020 in which you ask a number of
questions relating to the establishment of dispute panels.
As you note in your email, the Education and Training Act 2020 (ETA) enables the
establishment of dispute panels. The ETA can be found
here, and the relevant
provisions start from section 216. These provisions are enabling, and dispute panels
will only be established once the Regulations and resourcing needed for establishing
panels are in place. The timeframe for when the new panels will be established, the
number of panels and where they will be, are yet to be determined.
The Ministry of Education will develop the required Regulations, which will provide
additional detail about panel processes and procedures, and the qualifications and
experience of members. The Ministry will publicly consult on these Regulations as
they are developed.
The ETA does provide some details about the qualifications of members and functions
of the panel, which will assist the development of job descriptions. For example, the
Chief Referee and any deputy must have a legal qualification (or equivalent), and
panels can mediate, make recommendations or, if the parties agree, make binding
decisions.
We are not able to provide any additional detail on how panels will operate at this time.
Please let me know if you wish to be informed when the consultation period on the
Regulations begins.
Thank you for taking the time to write.
Yours sincerely
Ben O’Meara
Group Manager
Education System Policy
National office, Mātauranga House, 33 Bowen Street, Wellington 6011
PO Box 1666, Wellington 6140. Phone: +64 4 463 8000 Fax: +64 4 463 8001