2010-02-24

Response to Law Commission Recommendations  

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Solving Non-Existent Problems

Background:

Two years ago, the Law Commission, in response to a request from Green MP Sue Bradford, undertook to review the law relating to private schools. The role of the Law Commission is to review older legislation with a view to updating, modernising, and rationalising. In due course, the Law Commission published an extensive review of the law relating to private schools.

The Commission acknowledged that substantially the law as related to private schools was working well and there were no substantial or systemic problems with the operation of private schools in New Zealand. Nevertheless, many of there recommendations sought to address what the Commission saw as potential or possible problems in the years ahead. The Commission's recommendations largely sought to solve problems which do not exist.

At the end of 2009, the Ministry of Education undertook a process of consultation with private schools, seeking comment from them on the recommendations of the Law Commission. Specifically they were interested in how practical, expensive, or feasible some of the recommendations were likely to be.

The document reproduced below is the response of MCS to the Ministry of Education. It provides useful insight into how the gradual imposition of state education bureaucratic management is likely to strangle the private school sector in New Zealand.

The Submission of MCS:



What Happens Next?

The Ministry of Education is considering all the responses of private schools to the Law Commission's recommendations. It will in due course decide whether to put the amending of the law with respect to private schools on its work agenda. Even if the current government were to decide to let the matter lie because it had more pressing and urgent business to focus upon, we expect that some government, some time in the future will take this matter up again.

Eventually, a bill will be put to the Education Select Committee, and submissions will be sought from the public. MCS will make additional submissions at that time. In the meantime, we are thankful that the present government appears far more supportive of private schools and the cost-effective contribution they make to the education industry in New Zealand than was the previous government.

What next?

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