28 March 2023
Ranjit Toor
[FYI request #21982 email]
Official Information Act Request – Discretionary Pathway Process
Tēnā koe Ranjit,
Thank you for you email dated 2 March 2023 requesting information as follows
1. What is the total number of applications the Teaching Council received from Indian origin
applicants under the discretionary pathway for registration (all sectors). I would require a
breakdown of numbers by year between 2019-now and also sectorwise. I want to understand
the number of applications submitted, approved and declined for each sector.
2. How many applications were approved and declined from the total number of applications?
Please use the same timeline (2019-now) and please provide a breakdown of numbers.
3. Does Teaching Council have any minimum experience requirements for overseas applicants
to be eligible under the discretionary pathway to get teacher’s registration.
4. Please provide the official policy/ process document/ workflow chart that registeation
officers fol ow when assessing an application under discretionary pathway for teacher’s
registration.
5. Their is a list of documents given on teaching council’s website in order to assess an
application for discretionary pathway. Educational systems around the world are different so all
the documents listed on website may not available with the applicant. What if the applicant is
not able to provide 1-2 documents listed, for example evidence of mentor support or evidence
of professional growth. How unavailable documents can impact the decison of the application.
6. If an application under the discretionary pathway is declined by a registration officer then
what rights does the applicant have to challenge the decision or get it reviewed by a senior
official or court? Please advise how many decisions since 2019 have been challenged and what
was the outcome breakdown after reviewed by a senior official.
We have considered your request under the Official Information Act 1982 (OIA) and can advise as
follows.
1. What is the total number of applications the Teaching Council received from Indian origin
applicants under the discretionary pathway for registration (all sectors). I would require a
breakdown of numbers by year between 2019-now and also sectorwise. I want to understand
the number of applications submitted, approved and declined for each sector.
Between January 2019 and March 2023, there have been 32 applications for registration considered
through the Discretionary Pathway where the applicant provided an Indian qualification, including
undergraduate qualifications. 28 of the applications had qualifications with a teaching element to
them. Of these 28 applicants, 19 applications were declined teacher registration. 9 applications have
been approved.
2 of the 9 applications that were approved received an ECE sector endorsement. The Council cannot
provide any further information on the sector of the applications as a teacher is not limited to teach in
one particular sector when they gain registration. It is therefore not information the Council collects or
holds.
2. How many applications were approved and declined from the total number of applications?
Please use the same timeline (2019-now) and please provide a breakdown of numbers.
Since January 2019 the Council has considered a total of 375 applications through the Discretionary
Pathway Process. Of these, 227 applications have been approved and 148 have been declined.
3. Does Teaching Council have any minimum experience requirements for overseas applicants
to be eligible under the discretionary pathway to get teacher’s registration.
The Discretionary Pathway Panel considers qualifications, teaching experience, appraisal material, and
professional development as a package to determine whether an individual meets the Council’s
requirement of “satisfactorily trained to teach”. The
Discretionary Pathway Decision Making Framework
outlines that a “significant amount” of relevant recent teaching service of the country of origin.
4. Please provide the official policy/ process document/ workflow chart that registeation
officers fol ow when assessing an application under discretionary pathway for teacher’s
registration.
Please find the
Discretionary Pathway Decision Making Framework attached to this response.
5. Their is a list of documents given on teaching council’s website in order to assess an
application for discretionary pathway. Educational systems around the world are different so all
the documents listed on website may not available with the applicant. What if the applicant is
not able to provide 1-2 documents listed, for example evidence of mentor support or evidence
of professional growth. How unavailable documents can impact the decison of the application.
Applications considered through the Discretionary Pathway require additional information to be
provided as these items are considered as a package. The Panel has the discretion to consider
whether the information the applicant is able to provide meets the Council’s requirement of
“satisfactorily trained to teach”. If an individual is unable to provide evidence of mentoring support, they
may be required to complete a two-year induction and mentoring programme in New Zealand if their
application is successful.
6. If an application under the discretionary pathway is declined by a registration officer then
what rights does the applicant have to challenge the decision or get it reviewed by a senior
official or court? Please advise how many decisions since 2019 have been chal enged and what
was the outcome breakdown after reviewed by a senior official.
When making decisions on applications considered through the Discretionary Pathway Process, the
Council observes relevant legislation in addition to the Education and Training Act 2020. This includes
the Children Act 2014, the Human Rights Act 1993, the Privacy Act 2020, and the Teaching Council
Rules 2016. The Council also adheres to the principles of fairness and natural justice.
The Council is mandated to make a judgement on applications and to be satisfied that an applicant has
met the criteria to be granted registration, a practising certificate, or a Limited Authority to Teach (LAT).
Where the Council is considering not granting registration or issuing or renewing a practising certificate
or LAT, the teacher wil be given the opportunity to be heard before the decision is made. Where an
individual does not meet the requirements for a practising certificate, the Council wil advise them if
there are any alternative options available, such as a LAT.
If an individual is not satisfied with the Discretionary Pathway Panel decision, they can request an
appeal. An internal peer assessment review wil then be undertaken by a staff member that has not
previously been involved in the individuals application.
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If the internal review upholds the original decision of the Panel, the individual may appeal that decision
to the District Court within 28 days of receiving the decision or any longer period that the Court al ows.
The internal peer assessment review process was introduced in 2021. Since it began, there have been
8 appeals. 2 decisions were overturned and 6 were upheld.
If you wish to discuss this further, please feel free to contact Senior Advisor, Privacy, Government, and
Information who may be able to provide assistance. You can contact her via
[Teaching Council request email]
You have the right to seek an investigation and review by the Ombudsman of this response. Information
about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802
602.
Nāku noa, nā
Clive Jones
Tātai Heke Ratonga Mahi | Deputy Chief Executive – Operational Services
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