1 General provisions

1.1 Introduction

The transfer and removal provisions have their genesis in the Education Regulations. These preceded the codification of teachers' terms and conditions of service in the teachers' collectives following the enactment of the Employment Contracts Act in 1991.
The purpose of the transfer and removal provisions, however, remains. The provisions assist schools to recruit, and teachers to seek appointment, to entitlement positions nationally.

The provisions facilitate:

1. The right of every New Zealand student to receive high-quality teaching;
2. The reticulation of teachers throughout the country but particularly to remote or hard-to-staff schools;
3. The maintenance of a national career structure; and
4. The professional renewal and engagement that comes from the capacity to make new appointments.

This document details the specific entitlements that teachers have under this provision and the situations and extent to which the Ministry of Education will approve and reimburse the transfer and removal expenses of teachers. The extent of these provisions is limited to those entitlements that have been applied in the past under Regulation and not removed following Collective Agreement negotiations, and those specifically negotiated in Collective Agreement negotiations.

Note: Receipts should be produced when claiming removal expenses.

1.2 Appointment conditions

A teacher appointed to a permanent or long term relieving position of 12 months or more in a State or State Integrated school is eligible for the reimbursement of transfer and removal expenses in certain circumstances.

Only appointments made by a school using its "Staffing Entitlement" will be eligible for consideration under these provisions. A teacher appointed to a position funded from a school's operational funding or locally raised funds, either in part or in full, will not be eligible for the consideration of reimbursement of transfer and removal expenses by the Ministry of Education.

Teachers appointed to a permanent job sharing position otherwise eligible for the reimbursement of transfer and removal expenses, will be reimbursed on a pro-rata basis.

For non-Staffing Incentive, High Priority Teacher Supply (Secondary only) or Priority Teacher Supply Schools, an applicant must be employed under a Teachers' Collective Agreement at the time of accepting the appointment to be eligible for reimbursement of transfer and removal expenses. There are three exceptions to this:

• Teachers moving to their first permanent appointment (section 2.4)
• Teachers returning from Government sponsored schemes overseas (section 2.6)
• Teachers employed on Individual Agreements that have received concurrence from the Ministry which invoke or include removals entitlements

Note: Lecturers/advisers at an accredited teacher education provider or tertiary institute are not eligible to be reimbursed transfer and removal expenses should they accept a position in a school.

There may be situations where a Board of Trustees may be liable for the reimbursement of transfer and removal expenses, or where a teacher believes that their Collective Agreement supports their contention of an entitlement that is not detailed in this document. The Ministry recommends that these situations be discussed with the teacher's employing Board.

Teachers are encouraged to seek confirmation of entitlement to transfer and removal expenses from the Resourcing Division of the Ministry of Education, telephone (04) 463 8383 before accepting the offer of a position, particularly if the decision on acceptance or otherwise is contingent on whether or not transfer and removal expenses will be reimbursed.

1.3 Claim and payment administration

All payments are made by direct credit into teachers' or the Ministry of Education's contracted removal company's bank accounts. No other parties may be reimbursed for expenses incurred.

No payments will be made to a Board of Trustees that may have covered costs for a transferring teacher. This is an arrangement between the Board and the newly appointed teacher. Teachers who receive financial assistance from their new Board should seek reimbursement of expenses from the Ministry, once they have repaid their employing Board. A letter from the employing Board confirming expenses have been repaid in full must be attached to the teacher's completed claim form.

Claims may be made as expenses occur and should normally be completed within two years of the date of appointment. The Ministry should be advised if expenses are to be claimed beyond this two year period.

Benefits under this provision cease on resignation from the teaching position for which transfer and removal expenses were granted.

1.4 Change of locality requirement

To be eligible for removal expenses when teachers have secured a permanent or long term relieving position of 12 months or more, the teacher's present and future schools must be in different housing districts. The teacher's residential location(s) are not taken into consideration.

A change in housing district is defined as a change of Local Territorial Authorities (city and/or district councils) not connected by regular commuter networks of public transport.

Please refer to Section 2 Eligibility, of this document, for further eligibility criteria which must also be met for teachers to be eligible for removal expenses.

1.5 Collective agreement coverage

The provisions of the relevant Teacher's Collective Agreement for the position that the teacher is moving to will apply from the date of their acceptance of appointment, in writing.

1.6 Long term relieving positions

A long term relieving position is not considered to be a permanent position. However, for transfer and removal purposes, all teachers appointed to long term relieving positions of twelve months or more may receive reimbursement if they meet the standard criteria.

Where a teacher is appointed to a relieving position of less than 12 months in a school and is, after appointment to this relieving position, permanently appointed to a position in the same school or a school in the same Housing District, the teacher is not entitled to reimbursement of transfer and removal expenses.