Contents

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Our purpose and role
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Our regional presence
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Te Tiriti o Waitangi | the Treaty of Waitangi
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An overview of our system
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Education entity types and levels of independence
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Our Ministers’ expectations
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Our Statement of Intent 2021 - 2026
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Legislation administered by us
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Reporting
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Information
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Our purpose and role
Source:  Text updated for Annual Report 2021

Our purpose
We shape an education system that delivers equitable and excellent outcomes.
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai ōna huanga.
What we do
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We are the lead advisor to the Government on education, and the steward of the education system
responsible for:
•  advising on the long-term health and performance of the education system as a whole
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•  working collaboratively with sector partners to deliver equitable and excellent outcomes for all learners
•  providing support to enable sector leaders and the workforce to raise progress and achievement where
needed.

Our key responsibilities and functions are:
•  Administering Vote Education and Vote Tertiary Education.
•  Providing advice on education, from early learning through schooling to tertiary education.
•  Administering a range of legislative and regulatory controls, delivering funding and other resources, and
providing services that support the governance, management and operation of early learning and
schooling education providers. We also monitor providers and schools and intervene when there is
operational or educational risk.
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•  Providing support and resources for educators to deliver equitable outcomes for ākonga | learners. This
includes the development of curriculum and curriculum resources to support teaching, learning and
assessment, professional development, and scholarships and awards for teachers.
•  Administering learning support, to provide a wide range of supports to learners, including targeted
interventions, specialist support services, funding and supports to enable education for learners with
additional needs.
•  Providing support and resources to the community. This includes empowering parents and whānau to
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engage with their learner’s education, and working with whānau, iwi, employers and community groups
to strengthen engagement and achievement in education and to involve them in the education system.
•  Providing advice on and support for the international education sector and the Ministry’s international
engagements. We are also responsible for the education-related aspects of New Zealand’s international
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reporting obligations (eg, United Nations (UN) agreements such as the Sustainable Development Goals,
Conventions and Recommendations).
•  Providing advice on and support for workforce negotiations, bargaining and pay equity.
•  Setting school payroll strategy and monitoring the operational performance of EPL, which administers
the largest payroll system in New Zealand, making payments to around 96,000 school staff each
fortnight.
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•  Overseeing al  education property owned by the Crown, supporting Integrated school property, and
managing the continued performance of school property, school transport and school ICT network
infrastructure.
•  Managing appointments to education entities’ boards, supporting the setting of Crown entity
performance expectations and monitoring the operational performance of Crown entities.
•  Undertaking research and analysis and monitoring the overall performance of the education system.
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Our regional presence
Headcount by region (includes all business groups that operate in each region) as at 30 June 2021.

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Te Tiriti o Waitangi | the Treaty of Waitangi
Source:  Text from Change Document and 2020 BIM
Giving practical effect to Te Tiriti | the Treaty
The Ministry is committed to upholding and honouring Te Tiriti | the Treaty and giving expression and practical
effect to all articles of Te Tiriti | the Treaty with Māori, both as tangata whenua and citizens.  This means we
will:
•  provide genuine opportunity and space for tino rangatiratanga to be exercised by and for Māori in
relation to those matters for which they should have agency and authority
•  support the education sector and others to create educational experiences and outcomes that reflect a
meaningful expression of ōritetanga
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•  exercise kāwanatanga to govern in good faith and actively protect Māori interests as citizens, and those
of all citizens.
We will continue to engage with goodwil  to build trust with tangata whenua. We are growing the cultural
capabilities, connections and understanding needed to be a good kāwanatanga party to te Tiriti o Waitangi.
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Legislative expectations
With recent legislative change in the Public Service Act 2020, and more specifically in the Education and
Training Act 2020, Parliamentary expectations around Te Tiriti o Waitangi | Treaty of Waitangi are clear. The
Education and Training Act’s purpose includes establishing and regulating an education system that honours
Te Tiriti o Waitangi and supports Māori-Crown relationships. The Act provides that:
•  any statement of national education and learning priorities issued by the Minister must be consistent
with instil ing in each child and young person an appreciation of the importance of Te Tiriti o Waitangi
and te reo Māori
•  the Minister and the Minister for Māori Crown Relations: Te Arawhiti may jointly issue and publish a
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statement that specifies what the agencies serving the education system must do to give effect to public
service objectives (set out in any enactment) that relate to Te Tiriti o Waitangi
•  one of a board’s primary objectives in governing a school is to ensure that the school gives effect to Te
Tiriti o Waitangi, including by:
− working to ensure that its plans, policies, and local curriculum reflect local tikanga Māori, mātauranga
Māori, and te ao Māori
− taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori
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− achieving equitable outcomes for Māori students.
Ka Hikitia - Ka Hāpaitia – Ka-Hikitia-Ka-Hapaitia-FINAL.pdf (moe.govt.nz)
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Ka Hikitia is the Māori Education Strategy. It outlines the systemic shifts needed in education for Māori to
enjoy and achieve educational success as Māori.
It sets out how we wil  work with education services to achieve system shifts in education and support Māori
learners and their whānau, hapū and iwi to achieve excellent and equitable outcomes and provides an
organising framework for the actions we wil  take.
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Tau Mai Te Reo – Tau-Mai-Te-Reo-FINAL.pdf (moe.govt.nz)
Tau Mai Te Reo is the Māori Language in Education Strategy for al  learners.
It sets out the goals we are seeking to achieve and provides a framework for coordinating our programmes
and services that support Māori language in Māori medium and English medium education.
Tau Mai Te Reo is part of the education sector’s contribution to the Maihi Karauna. The Maihi Karauna is the
whole-of-government Māori Language Strategy. The Maihi Karauna sets out a vision for te reo Māori in the
future. It outlines what the Crown wil  do to support a strong, healthy, thriving Māori language in New Zealand;
Kia māhorahora te reo – everywhere, every way, for everyone, every day.
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An overview of our system

Source:  Content from 2020 BIM and Annual Report 2021
The Education System is complex. It has a number of Crown entities with specific roles and responsibilities
and tertiary institutions, schools and early learning services who have a high degree of autonomy.
The education sector works together to shape the system for better outcomes, with the Ministry holding a key
role across the entire system. This sector includes the Ministry and seven other sector agencies – the Tertiary
Education Commission (TEC), the New Zealand Qualifications Authority (NZQA), the Education Review Of ice
(ERO), Education New Zealand (ENZ), the Teaching  Council  of Aotearoa New Zealand, Education Payroll
Limited (EPL) and Network for Learning (N4L). They collectively design, support, fund, review and enable the
education system.
Services are delivered through a number of semi-autonomous early childhood education providers, schools
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and tertiary providers within the system, some of whom are Crown entities in their own right.
Our education system partners
Education New Zealand (ENZ)
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The lead government agency for the promotion of New Zealand education internationally. ENZ works to
build awareness of this country as a study destination and to pave the way for exporting education
institutions and businesses.
Education Payrol  Limited (EPL)
A Crown-owned company managing the payroll for schools to ensure an accurate and reliable payroll
service.
Education Review Office (ERO) – Te Tari Arotake Mātauranga
Reviews and reports publicly on the quality of education in all New Zealand schools and ECE services.
The ERO also publishes national reports on current education topics.
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The Network for Learning Limited (N4L)
A Crown-owned company providing schools with a government-funded managed network service package
that includes access to a secure network, uncapped monthly data, online content filtering and security
services.
New Zealand Council for Education Research (NZCER)
An independent, statutory education research and development organisation that carries out and
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disseminates education research and provides information and advice.
New Zealand Qualifications Authority (NZQA) – Mana Tohu Mātauranga o Aotearoa
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Ensures that New Zealand qualifications are regarded as credible and robust, nationally and
internationally.
Teaching Council of Aotearoa New Zealand – Matatū Aotearoa
The professional and regulatory body for registered teachers working in early childhood centres, schools
and other education institutions in New Zealand, representing teachers in both English and Māori settings.
The Council aims to support the professional status of teachers and high-quality teaching and learning.
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Te Aho o Te Kura Pounamu – The Correspondence School
Provides distance education from early childhood to Year 13.
Tertiary Education Commission (TEC) – Te Amorangi Mātauranga Matua
Responsible for investing in government-funded tertiary education and training offered in New Zealand.
The TEC also provides career services from education through to employment.

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Source: 2020 BIM
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Education entity types and levels of
independence

The following table depicts the different forms of entities and bodies and their levels of independence.
Type of entities and
Ministerial influence
bodies
Crown agents
ENZ, NZQA, and TEC
•  Responsible Minister:  •  Entity must “give effect to” policy that relates to the entity’s functions and
Minister/s of
objectives if directed by the Minister.
Education
•  Responsible Minister sets direction through a Letter of Expectations
•  Monitored by: Ministry
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(usually annually).
of Education (note
MBIE jointly monitors  •  Entity must prepare Statement of Intent (SOI) at least every three years,
TEC and ENZ with
but the Responsible Minister can also direct an entity at any time to
the Ministry)
develop a new SOI. Draft SOIs must be provided to the Responsible
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Minister for comment and the entity must consider any comment before
providing the final SOI for the Responsible Minister to present to the
House of Representatives.
•  Before the start of each financial year, the entity must prepare a Statement
of Performance Expectations (SPE) which must be provided, in draft form,
to the Responsible Minister and any comments made by the Responsible
Minster must be considered by the entity. The Responsible Minister must
present the final SPE to the House of Representatives.
•  The entity must prepare an Annual Report and provide it to the
Responsible Minister to present to the House of Representatives.
•  The Responsible Minister appoints board members through the
Appointments and Honours Cabinet process.
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Schedule 4A (of Public
N4L, EPL Research and Education Advanced Network New Zealand
Finance Act) companies  (REANZ)
•  Responsible Minister:  •  Responsible Minister can set direction through a Letter of Expectations
Treasury, Minister of
(usually annually).
Business, Innovation
•  Entity must prepare Statement of Intent (SOI) at least every three years,
and Employment
but the Responsible Minister can also direct an entity at any time to
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•  Shareholding
develop a new SOI. Draft SOIs must be provided to the Responsible
Minister: Minister of
Minister for comment and the entity must consider any comment before
Finance, Minister of
providing the final SOI for the Responsible Minister to present to the
Research, Science,
House of Representatives.
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and Technology
•  Before the start of each financial year, the entity must prepare a Statement
•  Monitored by:
of Performance Expectations (SPE) which must be provided, in draft form,
Treasury
to the Responsible Minister and any comments made by the Responsible
Minster must be considered by the entity. The Responsible Minister must
present the final SPE to the House of Representatives.
•  The entity must prepare an Annual Report and provide it to the
under Responsible Minister to present to the House of Representatives.
•  The Responsible Minister appoints board members through the
Appointments and Honours Cabinet process.
•  Schedule 4A companies are non-listed companies in which the Crown is
the majority or sole shareholder.
•  The Companies Act 1993, Section 127, requires that shareholder approval
by way of a resolution is required before a Schedule 4a company can
enter into a major transaction, defined as a transaction having a value
which is more than half the value of the company’s assets before the
acquisition.
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School Boards of
Boards of trustees of primary, secondary, State and integrated schools
Trustees
and distance learning
•  Responsible Minister:  •  Boards have numerous statutory responsibilities and must prepare an
Minister/s of
Annual Report.
Education
•  Both the Minister and Secretary of Education have powers to intervene
•  Monitored by: Ministry
under the Education and Training Act 2020, to support a board with
of Education
operational risks, or risk to the welfare or educational performance of their
students.
•  A statutory intervention, along with non-statutory assistance, may happen
when a board requests help, after an ERO review report and/or when a
concern has been raised with the Ministry. The approval of interventions is
delegated to senior Ministry staff, except for some cases of the dissolution  1982
of a board and appointment of a commissioner, when the Minister will be
asked to approve a proposed intervention.

Tertiary Education
NZ Institute of Skil s and Technology (Te Pūkenga), specialist col eges,
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Institutions (TEIs)
universities and wānanga
•  Responsible Minister:  •  TEIs must act in all respects as to give effect to the intention of
Minister(s) of
Parliament.
Education
•  TEIs must prepare an Annual Report.
•  Monitored by: TEC
•  The Minister has some additional powers in relation to the NZIST.
•  NZIST has additional reporting requirements that are the same as for
Crown entities.
Independent Statutory
Teaching Council of Aotearoa NZ, NZ Council for Educational Research
Bodies
(NZCER)
•  Responsible Minister:  •  Minister has limited power to direct (the Minister can request information
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Minister of Education
from the Teaching Council).
•  Not monitored
•  Body must have regard to any relevant statement of government policy.
•  Body must prepare an Annual Report.
•  Minister appoints one member to NZCER, and six members to the
Teaching Council Governing Council, through the Appointments and
Honours Cabinet process.
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•  The Minister appoints members of the Teaching Council (either elected or
appointed) to be Chairperson and Deputy Chairperson.
•  The Teaching Council must consult the Minister before making changes to
the criteria for teacher registration or the standards for qualifications
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leading to teacher registration.

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Our Ministers’ expectations
Our Ministers as at 30 June 2021
We administered Vote Education and Vote Tertiary Education on behalf of our Ministers, as set out below.
Minister and Portfolio
Associates
Hon Chris Hipkins Responsible
Hon Kelvin Davis
Minister for the Ministry of Education
Associate Minister of Education (Māori Education)
Minister of Education
Hon Jan Tinetti
Associate Minister of Education
Hon Aupito Wil iam Sio
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Associate Minister of Education
Our delivery expectations are set out in the Ministry’s Statement of Intent 2018-2023 and the Government’s
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Education Work Programme (EWP 2021), which was updated in March 2021. We also contribute to the cross-
agency Child and Youth Wellbeing Strategy.
In 2019, following extensive public consultation on the future of education, the Government released its vision
for the future of New Zealand education. This vision reflects the aspirations of New Zealanders for a more
inclusive, equitable, connected and future-focused New Zealand learning system.
“Whakamaua te pae tata kia tina – Take hold of your potential so it becomes your reality…
We are descendants of explorers, discoverers and innovators who used their knowledge to traverse
distant horizons. Our learning wil  be inclusive, equitable and connected so we progress and achieve
advances for our people and their future journeys and encounters.
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Whaia te pae tawhiti kia tata – Explore beyond the distant horizon and draw it near!”

This vision is advanced by five overarching objectives for the education system, from early learning through
schooling to tertiary and lifelong learning:
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‘Learners at the centre’ – Learners with their whānau are at the centre of education.
•
‘Barrier-free access’ – Greater education opportunities and outcomes are within reach for every learner.
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‘Quality teaching and leadership’ – Quality teaching and leadership makes the difference for ākonga |
learners and their whānau.
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‘Future of learning and work’ – Learning needs to be relevant to the lives of New Zealanders today and
throughout their lives, as we meet the changing opportunities and challenges of the future of work.
•
‘World class inclusive public education’ – New Zealand needs a world class inclusive public education
system that meets the needs of our diverse population, now and in the future.
The Ministry, and partner agencies in the education system, have a key role to give effect to these objectives
and delivering on the priorities for education set out in legislation, in particular the National Education and
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Learning Priorities and Tertiary Education Strategy.  The Government’s immediate priorities have been set out
in the Government’s Education Work Programme.  This includes implementing their decisions following the
review of Tomorrow’s Schools and the establishment of Te Mahau within Te Tāhuhu o te Mātauranga | the
Ministry of Education.
•  The Statement of National Education and Learning Priorities (NELP) and the Tertiary Education Strategy
(TES) – Education in New Zealand
•  Cabinet-Paper-Education-Work-Programme-2021-Redacted.pdf

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Legislation administered by us

Source:  Content from 2020 BIM
Acts
The Ministry is responsible for the administration of the following substantive Acts.
Key Acts administered
•  Education and Training Act 2020
•  Children’s Act 2014 (Part 3)
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University Acts
•  Lincoln University Act 1961
•  Massey University Act 1963
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•  University of Auckland Act 1961
•  University of Canterbury Act 1961
•  University of Waikato Act 1963
•  Victoria University of Wellington Act 1961
Scholarship Acts
•  Kitchener Memorial Scholarship Trust Act 1941
•  Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945
•  Otaki and Porirua Trusts Act 1943
•  Queen Elizabeth the Second Post-Graduate Fellowship of New Zealand Act 1963
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•  Queen Elizabeth the Second Technicians’ Study Award Act 1970
•  Taranaki Scholarships Trust Board Act 1957
Other Acts
•  Education Lands Act 1949
•  Education Standards Act 2001
•  Māori Education Foundation (Abolition) Act 1993
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•  Music Teachers Act 1981
•  New Zealand Council for Educational Research Act 1972
•  New Zealand Library Association Act 1939
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•  Pacific Education Foundation Act 1972
Regulations
The following substantive sets of Regulations are in force and administered by the Ministry. Some minor
Notices and Orders are not included.
Early learning
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•  Education (Early Childhood Services) Regulations 2008
•  Education (Playgroups) Regulations 2008
•  Education (Registration of Early Childhood Services Teachers) Regulations 2004
•  Licensing Criteria/Certification Criteria
Schooling
•  Education (Board Elections) Regulations 2000
•  Education (Hostels) Regulations 2005
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•  Education (School Attendance) Regulations 1951
•  Education (School Boards) Regulations 2020
•  Education (School Risk Management Scheme) Regulations 2003
•  Education (School Staffing) Order (note these are made the year ahead of taking effect so there is always an
annual order)
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link to page 11 •  Education (Stand-down, Suspension, Exclusion, and Expulsion) Rules 1999
•  Education (Surrender, Retention and Search) Rules 2013
•  United World Colleges Scholarship Regulations 1980
National Student Number
•  Education (Education Review Office Authorised to Use National Student Numbers) Regulations 2019
•  Education (Statistics New Zealand Authorised to Use National Student Numbers) Regulations 2008
•  Education (Ministry of Social Development Authorised to Use National Student Numbers) Regulations 2012
•  Pastoral Care, and International Students Education (Export Education Levy) Regulations 2011
•  Education (Pastoral Care of Domestic Tertiary Students) Interim Code of Practice 2019
•  Education (Pastoral Care of International Students) Code of Practice 2016
•  Education (Tertiary Education—Criteria Permanent Residents Studying Overseas Must Satisfy to be
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Domestic Students) Regulations 2016
•  International Student Contract Dispute Resolution Scheme Rules 2016

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Broader statutory context
Other key legislation also impacts on education, including the Human Rights Act 1993, New Zealand Bil  of
Rights Act 1990, Health and Safety at Work Act 2016, Building Act 2004, Civil Defence Emergency
Management Amendment Act 2002 and Epidemic Preparedness Act 2006 (eg, as in the response to COVID-
19). Key parts of the public sector legislative and accountability framework include the Public Service Act
2020, Public Finance Act 1989, Crown Entities Act 2004, New Zealand Bil  of Rights Act 1990, Official
Information Act 1982, Ombudsman Act 1975, Public Audit Act 2001.

International obligations
The Universal Declaration on Human Rights, adopted in 1948, has formed the basis for nine core human
rights treaties. New Zealand is party to seven of these. New Zealand is also a party to other Conventions,
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including a number specifically related to education such as the Convention Against Discrimination in
Education. Most Conventions require regular reporting from State Parties.
Sustainable Development Goals
In 2015, all UN member states adopted the 2030 Agenda, a blueprint for sustainable development which
includes 17 goals, referred to as the Sustainable Development Goals (SDGs). The Ministry is responsible for
reporting on SDG 4, which focuses on ‘ensuring inclusive and equitable quality education and promote lifelong
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learning opportunities for all’. Although the goals are not legally binding, countries are expected to report on
their implementation.1 New Zealand presented its first Voluntary National Review report to the UN in 2019.

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1 Similarly, although United Nations Educational, Scientific and Cultural Organization (UNESCO) and Organisation for Economic Co-operation and Development
(OECD) recommendations are not legally binding, New Zealand is expected to address them as a member state.

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Reporting

Quarterly Performance Reporting
Contact:  Corporate Strategy and Performance Hub
The Ministry has typical y provided a quarterly report to the Minister with narrative reporting against priorities in
the Statement of Intent and Output Plan, exceptions reporting on performance measures and an update on
financial performance from a Vote perspective.  These are proactively release and typically requested by Select
Committee.
https://www.education.govt.nz/our-work/information-releases/advice-seen-by-our-ministers/

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Statement of Intent 2021-2026
The Minister has asked for the Ministry’s current Statement of Intent 2018-2023 to be updated and legally in
needs to be updated by December 2021.  Work is underway to meet this deadline with a draft to be provided to
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LT in October and the Minister in November.  The intent is for a simple high-level document using the
Government’s five objectives as a framework and a section on developing Ministry capability based around the
principles in the change document.  It will include information based on the EWP 2021 and relevant indicators
developed in association with work on a monitoring framework for the National Education and Learning
Priorities and Tertiary Education Strategy.
Statement of Intent 2018-2023:
https://assets.education.govt.nz/public/Documents/Ministry/Publications/Statements-of-intent/Statement-of-
Intent-2018-2023-web.pdf

Output Plan 2021/22
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Contact:  Corporate Strategy and Performance Hub
While there is no formal obligation to have an Output Plan, the Ministry has used the document to list the
annual work priorities we expect to deliver and the performance measure we are required to report on though
the Estimates.  In the past, the document has been provided to the Minister for approval and he has sought an
updated document for 2021/22.  The two parts of the document are at different stages of development:
•  the work priority section of the Output Plan for 2021/22 is stil  being developed and is dependent on the
outcome of the strategy session with the Minister.  We expect it to include the annual deliverables to
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support the EWP 2021 and any other high profile external obligations
•  the performance measures part of the plan for 2021/22 has been set up based on the Estimates measures,
with ownership of specific measures to be assigned to the new groups for reporting purposes. For each
the
measure we expect the relevant group to maintain a Data Dictionary setting out how information is defined,
collected, and reported.  Draft_-_Output_Plan_2021-22_-_Measures_Only.doc

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Document Outline