Provisional Registration of Private Schools

Property requirements

When assessing an application for registration from a private school the Ministry of Education must have regard to the legislation in terms of assessing the property requirements.

Legislation governing the establishment of private schools

Section 35A(4) of the Education Act 1989 (as amended by section 9 of the Education Amendment Act 1989) states:

"If satisfied that the premises, staffing, equipment, and curriculum of a school or proposed school in respect of which an application is made under subsection (3) of this section are or are likely to be suitable, the Secretary shall provisionally register the school as a school of the description or descriptions concerned."

In other words the Ministry has to only be satisfied that the premises are suitable and then a provisional licence will be granted. While all building legislation such as the Building Act must be complied, there is no necessity for the premises to conform to state standards¹

After granting provisional registration the Ministry will advise the Education Review Office who will then inspect the premises within the next 6 to 12 months and make the final assessment as to suitability.

1 State standards have a qualitative and quantitative definition. Qualitative standards mean that property must be safe, in a fit state of repair, and compliant with all statutory, regulatory, and Ministry of Education design standards. Compliance with these standards can be achieved by:

• buildings having a current Building Warrant of Fitness;
• the school having a hazard management process is in place based on the Ministry's Health and Safety Code of Practice;
• all structural additions and alterations being designed and certified by appropriate professional consultants, eg: engineer, architect; and
• the adoption of a cyclic (10-year) Property Plan.

Quantitative standards are guided by the Ministry's school property guides (codes).