Document 1
Out of scope
Subject:
FW: MBAS Complaint & Financial Support
From: Marcus Freke
Sent: Thursday, 10 March 2022 4:37 pm
To: John Wright <[email address]>
Subject: RE: MBAS Complaint & Financial Support
Thanks John – I look forward to hearing from you for our conversation.
1982
Ngā mihi
Act
Marcus
Marcus Freke | Director of Education for Waikato
Te Mahau | Te Tai Whenua
DDI +6478508896 | 9(2)(a)
From: John Wright <[email address]>
Sent: Thursday, 10 March 2022 4:35 pm
To: Marcus Freke <[email address]>
Information
Cc: MBAS BOT Secretary <[email address]>
Subject: Re: MBAS Complaint & Financial Support
Greetings Marcus
The meeting is our usual monthly meeting and along with other matters, those items will be discussed.
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As mentioned earlier, the Board is considering its position at the moment regarding the meeting in January, and this
is not as a result of 9(2)(a) email ‐ it was something we had discussed at our previous meeting in terms of what the
Board's response to the meeting would be, which is for further discussion at this meeting.
the
The Board's response is being developed currently and I would imagine it would be appropriate for a conversation
subsequent to our meeting.
Our financial position is also part of our discussions.
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Regards
John
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John Wright MSc(Hons), Dip Tch, CSMM
Principal
1
Mercury Bay Area School
20 South Highway, Whitianga, New Zealand
Ph:+64 7 8665916 / 9(2)(a)
[email address] www.mbas.ac.nz skype - john.wright
On Thu, 10 Mar 2022 at 16:05, Marcus Freke <[email address]> wrote:
Kia ora John
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Thanks for your email. Is the Board discussing the complaint or the financial management plan or both?
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Ngā mihi
Marcus
Marcus Freke | Director of Education for Waikato
Information
Te Mahau | Te Tai Whenua
DDI +6478508896 | 9(2)(a)
From: John Wright <[email address]>
Sent: Thursday, 10 March 2022 11:16 am
Official
To: Marcus Freke <[email address]>
Cc: MBAS BOT Secretary <[email address]>
Subject: Re: MBAS Complaint & Financial Support
the
Morena Marcus
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For your information our Board are meeting next week and this matter is on the agenda for discussion. I
understand they will be in touch subsequently on this matter.
Thank you for your email.
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Ngā mihi
2
John
1982
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John Wright MSc(Hons), Dip Tch, CSMM
Principal
Mercury Bay Area School
20 South Highway, Whitianga, New Zealand
Information
Ph:+64 7 8665916 / 9(2)(a)
[email address] www.mbas.ac.nz skype - john.wright
Official
the
On Wed, 9 Mar 2022 at 15:19, Marcus Freke <[email address]> wrote:
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Kia ora John
Thank you for your email 9(2)(a)
I
look forward to hearing from regarding a time we can with you and your Board Presiding Member to discuss the
issue.
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Ngā mihi
Marcus
3
Marcus Freke | Director of Education for Waikato
Te Mahau | Te Tai Whenua
DDI +6478508896 | Mobile 9(2)(a)
From: John Wright <[email address]>
Sent: Wednesday, 9 March 2022 2:04 pm
To: Marcus Freke <[email address]>
Cc: [email address]; Mere LawsonNuri <[email address]>; Chad Britton
<[email address]>; Colleen Kiely <[email address]>
1982
Subject: Re: MBAS Complaint & Financial Support
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Thank you Marcus for this email
9(2)(a)
Information
Official
Ngā mihi
the
John
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John Wright MSc(Hons), Dip Tch, CSMM
Principal
4
Mercury Bay Area School
20 South Highway, Whitianga, New Zealand
Ph:+64 7 8665916 / 9(2)(a)
[email address] www.mbas.ac.nz skype - john.wright
1982
Act
On Wed, 9 Mar 2022 at 11:30, Marcus Freke <[email address]> wrote:
Kia ora John
Information
9(2)(a)
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However, this does not address the issues that were being discussed at the meeting. Mercury Bay Area School is
in significant financial difficulty. There is no evidence of a plan being implemented to address the financial
the
challenges or any significant actions taken. Those actions taken to date will not resolve the financial situation the
school is facing in the long term.
It is now the view of the Ministry of Education that a higher‐level intervention needs to be put in place and the
financial management be transferred to a statutory manager to enable a plan to be developed and implemented
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to address the financial issues MBAS is facing.
I would like to organise a time to meet with you and your Board Presiding Member to discuss a financial
management solution for Mercury Bay Area School. I will invite Chad Britton (Leader School Financial Advisory
Team) and Mere Lawson‐Nuri (Manager Education) to be a part of conversation. 9(2)(a)
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9(2)(a)
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With some urgency, please let me know some times & dates that would work for you and your Board Presiding
Member to meet.
Ngā mihi
Marcus
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Marcus Freke | Director of Education for Waikato
Act
Te Mahau | Te Tai Whenua
DDI +6478508896 | Mobile 9(2)(a)
Hamilton Office
education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai ōna huanga We shape an education system that delivers equitable and excellent outcomes
Information
Official
Te Tahuhu o te Matauranga | The Ministry of Education is a COVID‐19 vaccinated workplace. To meet our workplace
safety requirements you will be asked to show your My Vaccine Pass when you visit our offices for non‐essential
education services.
the
DISCLAIMER:
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use,
dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately
and erase all copies of the email and attachments. The Ministry of Education accepts no responsibility for changes made to this message or attachments after
transmission from the Ministry.
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Please consider the environment before you print this email
IMPORTANT: The information contained in this email is CONFIDENTIAL and may also be LEGALLY PRIVILEGED. It is intended for the
person to whom it is addressed only. If you are not that person or her/his authorised agent, please be aware that any use,
dissemination, distribution or reproduction of this email is prohibited. These opinions are my own and do not necessarily represent
those of Mercury Bay Area School. If you have received this in error, please notify me immediately and delete your copy of the email
and any attachments. Thank you.
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Te Tahuhu o te Matauranga | The Ministry of Education is a COVID‐19 vaccinated workplace. To meet our workplace safety
requirements you will be asked to show your My Vaccine Pass when you visit our offices for non‐essential education
services.
DISCLAIMER:
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use,
dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately
6
Document 2
Intervention evidence 18 March, 2022
Ministry representatives have met with the Principal John Wright a number of
times concerning the schools ongoing finances, ways of operating and
reliance of international student’s income. These meetings have occurred in
2018, 2021 and more recently with the Senior Leadership Team and Board of
Trustees in January 2022. Of concern none of the remedial actions or
recommendations have been implemented by the school over the past years.
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Currently the Board do not have a plan to address the financial concerns and
were going to wait until the 2022 budget was approved and the annual
accounts were submitted to the Ministry. They are of the opinion this will Act
inform the active state of the school’s financial position. The school has
featured in the Auditor Generals Report (2020, 2021) highlighting their poor
financial position and lack of working capital.
With regards to the school’s complaints policy, the Ministry has received a
large amount of correspondence from the community. Some of these
complaints have taken a long time to investigate and report back to the
complainant. Further a number of the community do not wish to complain to
the Board as they feel they will not be heard and that there will be
consequences for speaking up given the smal nature of the community.
Information
The complaints consist of allegations of bullying (students and staff), staff
performance and conduct, poor communication, lack of adhering to and
fairness around code of conduct, students being isolated from others, poor
adherence to behavioural plans, fighting, intimidation, unfairness and
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favouritism.
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Document 3
Terms of Appointment
Limited Statutory Manager appointment for Mercury Bay
Area School Board, effective from the date specified in the
New Zealand Gazette notice.
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Appointee: Val Wenham
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Core Duties
1. You are expected to:
•
(s180 only) apply the following functions, powers and duties of the Board: to
manage financial operations, to establish polices and procedures and to manage
communications.
•
use your functions, powers and duties to achieve the intervention objectives
•
(s180 only) empower the Board to be able to exercise its powers effectively when
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the intervention ends, and
•
report immediately to the local Director of Education on any matters of particular
concern relevant to the level of risk to the school or if you encounter any conflict of
interest as Limited Statutory Manager.
2.
(s180 only) You must also:
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•
keep an accurate record of any meetings you attend with the Board and/or the
Principal, including any decisions you make
•
consult with the Board on actions you wish to take that are likely to have an impact
the
on powers and functions that remain with the Board
•
consider any existing delegations and work with the Principal and Board to make
changes if and as required
•
work with the Board and Principal to define responsibilities and boundaries for
financial commitment/liabilities
•
work with the Board, and obtain approval where required, to implement any changes
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that may impact on the Health and Safety of the staff, students or others at the
school.
3. You must seek prior approval from the Ministry of Education (the Ministry) if you wish to
contract services for the intervention that are outside the scope of costs anticipated in
the Outcomes Plan. Details should be recorded in a memo signed by the local Ministry
Director of Education.
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4. If you wil be unable to fulfil your functions, powers or duties for any period of time, you
must advise the Board, the Principal and your Ministry contact person, with reasonable
notice.
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Getting Started
5. Upon starting your appointment, you must:
•
contact the Board’s insurer to ensure the Board’s powers vested in you are
covered by the Board’s insurance policy and that you are aware of any conditions
required by the insurer
•
(s180 only) meet with the Board and Principal to reach an understanding on the
working arrangements, responsibilities and boundaries of your vested governance
functions, powers, duties, and any conditions on those powers
•
undertake a
scoping period, in the first four weeks (unless an extension has been1982
approved by the Ministry)
.
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Situation Background
The Ministry has requested the appointment of an LSM to address a range of historic and
current issues pertaining to poor financial management and parental complaints. Additional
support is needed to assist trustees in understanding their current roles and responsibilities.
Over the past 12 months the Principal has been offered support and guidance from the
School's Finance Advisor which has not been accepted. This was due to the school being on
the Auditor General's Report for 2 years regarding concern over the lack of the schools
operating capital. Over the past 3 years the Ministry has received a large number of parental
complaints on reoccurring themes which appear not to have been resolved.
Information
Scoping Period and Report
6. During the scoping period you must make as full an assessment as possible of the issues
facing the school/kura and write this up in a Scoping Report.
7. The Scoping Report must include:
•
the evidence for this scoping;Official
•
identified strengths;
•
the issues facing the school/kura (the facts) and an analysis of the severity and
scope of these issues;
the
•
issues not apparent at the outset of the intervention; and
•
the overall assessment of risk level.
8. The scoping report must be submitted to your Ministry of Education contact person
by the end of the scoping period.
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9. The Ministry of Education will use the scoping report to review the broader intervention
outcomes and suitability of the current intervention level and scope. If the scoping report
uncovers a need to replace the current intervention with a lower or higher level of
intervention, your Ministry contact person wil develop recommendations supporting the
approval of this change and coordinate as applicable.
10. The Ministry of Education will provide you with a scoping report template for your use.
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Intervention Outcomes Plan and Statements of Effective
Governance
11. The Ministry has identified the following (Education Review Office aligned) statements
that describe the areas of effective governance that are the focus of this intervention:
•
The Board wil ensure that regular monitoring, evaluation and reporting in relation
to financial delegation’s takers place
•
The Board wil have shared understanding of individual roles and responsibilities
and distribution of tasks
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•
The Board wil ensure that a physically and emotionally safe environment is
provided for all students
12. From these statements of effective governance, a tailored set of measurable and iterative
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objectives wil be developed by you, and updated during the course of the intervention.
13. After you have submit ed your Scoping Report, your Ministry Education Adviser will
contact you to discuss how and when the Outcome Plan will be completed. The Outcome
Plan must outline:
•
the objectives to be achieved during the intervention;
•
the planned approach to achieve these objectives;
•
the indicative timeline for achieving these objectives;
•
the intervention costs, including the agreed maximum hours per month and other
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agreed expenses; and
•
any significant areas/items of expenditure that may be necessary to achieve the
intervention objectives.
14. You are responsible for drafting an Outcomes Plan but should do this in collaboration
with your Ministry contact person and the Board.
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15. The Ministry of Education will provide you with an Outcomes Plan template for your use.
16. Your finalised Outcomes Plan wil be attached as an addendum to this Terms of
the
Appointment document in due course.
Fees and Hours of Work
17. Your fees wil be at the rate of 9(2)(a) per hour (GST excl). You may claim a maximum of
40 hours while you complete the scoping period and your post-scoping maximum monthly
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hours wil be confirmed in the Outcomes Plan. Invoices wil be submit ed monthly.
18. Your rate of travel wil be at 9(2)(a) per hour, which equates to approximately 5 hours per
trip at 9(2)(a) including travel kilometres @ .76 per km.
19. On the occasion where you wil need to stay overnight, you wil be compensated 9(2)(a) per
night for accommodation and 9(2)(a) for a meal allowance.
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Your Reporting Requirements
20. After the scoping period is complete and Outcomes Plan finalised, you must submit
monthly progress reports to the Ministry of Education (and the Board) with details of:
•
any of your decisions/actions (financial or otherwise);
3
•
(s180 only) any impacts that your decisions have had or may have on the Board's
other areas of responsibility;
•
a review of the agreed set of objectives outlined in the outcome plan, progress made
towards them and any amendments that need to be made to them (recognising that
intervention progress and environmental changes may require such changes);
•
details of any barriers or challenges to be addressed; and
•
your monthly fees and expenses.
21. All reports should
not include:
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•
specific details about individuals, employment issues or complaints;, or
•
details about issues or problems that arise as part of the day-to-day operations of
the school/kura.
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22. The Ministry of Education wil provide you with a monthly reporting template for your
use.
Ministry Monitoring and Review and Exit from Intervention
23. This intervention and your appointment wil be reviewed against the Outcomes Plan by
the Ministry of Education within the first year and annually thereafter. Your appointment
will end when one of the following occurs:
•
the Minister of Education or delegate is satisfied that the intervention is no longer
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required; or
•
your appointment and/or the intervention is amended to the extent that your role is
no longer required; or
•
you resign.
24. As part of your exit from appointment, you wil :
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•
provide a final report;
•
manage a handover to the Board or new Statutory Provider; and
•
ensure all relevant documentation is appropriately filed or archived at the school,
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including a record of decisions you made and your decision making process.
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4
Discussion and Acceptance of Terms Subject to Appointment
Appointee signature block
My signature below confirms that, should I be appointed to the Limited Statutory Manager role
described in this document, I accept the stated terms of the appointment.
Name:
Val Wenham
Signature
________________________________ Date: ___________________
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Key Intervention Contact (Ministry of Education) signature block
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My signature below confirms that I have discussed the terms of appointment outlined in this
document with the above appointee.
Name:
Cameron Frethey
Signature
_________Cameron Frethey_______________________ Date: 23/03/2021
Information
Official
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5
Document 4
Click here to enter a date.
Dan Asquith
Presiding Member
Mercury Bay Area School Board
1982
20 South Highway
Whitianga 3510
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Tēnā koe Dan
Notice of Statutory Intervention
Alan Smith and Cameron Frethey has met with your Board to discuss the financial risk the school is
currently facing.
Under section 180 of the Education and Training Act 2020 (the Act), as the Secretary’s delegate, I
have been directed to appoint a Limited Statutory Manager (LSM) for your Board because of risk to
the operation of your school, the educational performance of students at your school and the
welfare of students at your school.
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I have appointed Val Wenham as LSM with the power to manage financial operations, to establish
Board systems and processes and to manage communications. Val Wenham has extensive
experience in governance and management in several schools and has assisted schools with their
financial management and developing their policies and procedures.
The notice directing the appointment has been published in the
New Zealand Gazette and is
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available via the following link: https://gazette.govt.nz/. Val Wenham’s appointment takes effect from
the date the Gazette notice takes effect.
Val Wenham is expected to use their vested functions, powers and duties to address the identified
the
issues and build the Board’s capability to manage all its functions, powers and duties independently.
Remuneration for Statutory Provider
The rate of remuneration is 9(2)(a)per hour for up to 40 hours for the first four weeks (the scoping
period). The ongoing maximum monthly hours wil be confirmed after this time.
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Under section 180(6) of the Act, your school is required to meet the cost of the statutory
appointment, unless the Ministry determines otherwise.
Scoping Period and Report
The Statutory Provider must undertake a four week scoping period, making as full an assessment
as possible of:
• all issues facing the school (the facts)
• analysis of the severity and scope of the issues
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• evidence to support the analysis
• any issues that were not apparent at the outset
• the level of risk (eg an assessment of whether this is lower, equal to or higher than what was
originally assessed by the Ministry).
Hamilton
Office
19 Home Straight
Phone:
07 850 8880
Te Rapa
Hamilton 3200
education.govt. 1
nz
Please note that the scoping report may uncover a need to:
• amend the scope of the current intervention;
• replace the current intervention with a lower level of intervention;
• replace the current intervention with a higher level of intervention; or
• add another intervention in the school alongside this one.
If any intervention changes are necessary, Cameron Frethey wil develop recommendations
supporting the approval of these changes and coordinate as applicable.
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Intervention Outcomes and Outcomes Plan
The following outcomes are expected as a result of this intervention:
• The Board wil ensure that regular monitoring, evaluation and reporting in relation to financial
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delegation’s takers place
• The Board wil have shared understanding of individual roles and responsibilities and
distribution of tasks
•
The Board wil ensure that a physically and emotionally safe environment is provided for all
students
These outcomes may be amended after the issues have been scoped to reflect any new information
found.
After the scoping report has been submit ed to the Ministry, the Statutory Provider wil develop an
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Outcomes Plan. The Outcomes Plan wil outline:
• the objectives to be achieved during the intervention, which wil contribute to the above
intervention outcomes, as agreed by the Ministry
• the planned approach to achieve these objectives
• the expected timeline for achieving these objectives
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• any additional support the Statutory Provider may require
• the intervention costs, including the agreed maximum hours per month and other agreed
expenses.
the
Monthly reports to the Board and Ministry
The Statutory Provider
must submit monthly progress reports to the Board and the Ministry with
details of:
• any decisions or actions made by the Board as a result of the advice or direction provided by
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you as the provider (financial or otherwise)
• progress made towards achieving the agreed set of intervention objectives (outlined in
Outcomes Plan)
• details of any barriers or challenges to be addressed
• the Statutory Provider’s monthly fees and expenses.
The Statutory Provider must also report to the Board and/or Ministry (as appropriate under the
circumstances) about any matters of particular concern or if the statutory provider encounters any
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conflicts of interest as the LSM.
Review and exit from intervention
I wil review the intervention and Val Wenham’s appointment within the first year. The intervention
wil end when it is no longer required or needs to be amended.
Hamilton
Office
19 Home Straight
Phone:
07 850 8880
Te Rapa
Hamilton 3200
education.govt. 2
nz
As part of the Statutory Provider’s exit from appointment, they wil :
• provide a final report
• manage a handover to the Board or new Statutory Provider
• ensure all relevant documentation that they have created and received in the course of their
role is appropriately filed or archived at the school.
Cameron Frethey wil accompany Val Wenham to meet with you and the Principal to discuss working
arrangements, and wil continue to support the school and monitor progress of the intervention. For
further information about statutory interventions, please refer to
https:/ www.education.govt.nz/school/boards-information/boards-of-schools-and-kura/support-for-1982
boards/
Nāku noa, nā
Act
Marcus Freke
Director of Education, Waikato
Te Mahau | Te Tai Whenua
cc
John Wright, Mercury Bay Area School Board
Information
Val Wenham
Official
the
under
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Hamilton
Office
19 Home Straight
Phone:
07 850 8880
Te Rapa
Hamilton 3200
education.govt. 3
nz
1982
Act
Information
Official
the
under
Released
These outcomes may be amended after you have scoped the issues at the school to reflect any new
information found.
After you have submitted your scoping report, your Ministry contact person wil contact you to discuss
it with you and to discuss how and when the Outcomes Plan wil be completed. The Outcomes Plan
will outline:
• the objectives to be achieved during the intervention, which wil contribute to the above
intervention outcomes, as agreed by the Ministry
• the planned approach to achieve these objectives
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• the expected timeline for achieving these objectives
• any additional support the Statutory Provider may require
• the intervention costs, including the agreed maximum hours per month and other agreed
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expenses.
You are responsible for drafting the Outcomes Plan but should do this in collaboration with your
Ministry contact person and the Board. The Ministry has a Statutory Interventions Outcomes Plan
template available for your use if you wish.
Monthly reports to the Board and Ministry
You must submit monthly progress reports to the Board and Ministry with details of:
• any decisions or actions made by the Board as a result of the specialist help provided (financial
or otherwise)
• progress made towards achieving the agreed set of intervention objectives (outlined in
Information
Outcomes Plan)
• details of any barriers or challenges to be addressed
• Your monthly fees and expenses.
A template is available for this.
You must also report to the Board and/or Ministry (as appropriate under the circumstances) about
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any matters of particular concern or if you encounter any conflicts of interest as specialist help.
Intervention Costs
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Your Ministry of Education contact wil inform you as to whether the costs are being meet by the
School Board or the Ministry. Monthly invoices must be submitted to the relevant party in order for
hours and expenses to be paid.
Exit from Intervention
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This intervention and your appointment wil be reviewed against the Outcomes Plan by the Ministry
within the first year and annually thereafter. Your appointment wil end when one of the following
occurs:
• the Secretary or delegate is satisfied that the intervention is no longer required
• your appointment and/or the intervention is amended to the extent that your role is no longer
required
• you resign.
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As part of your exit from appointment, you will:
• provide a final report
• manage a handover to the Board or new Statutory Provider
Waikato
Office
19 Home Straight
Phone:
07 850 8880
Te Rapa
Hamilton 3200
education.govt.nz
• ensure all relevant documentation that you have created and received in the course of your
role is appropriately filed or archived at the school, including a record of Specialist Help you
have provided
I thank you again for your wil ingness to support the governance of Mercury Bay Area School.
Nāku noa, nā
1982
Marcus Freke
Director of Education, Waikato
Act
Ministry of Education
Information
Official
the
under
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Waikato
Office
19 Home Straight
Phone:
07 850 8880
Te Rapa
Hamilton 3200
education.govt.nz
1982
Act
Information
Official
the
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Document 7
Intervention evidence 22 April, 2022
Ministry representatives have met with the Principal John Wright a number of
times concerning the schools ongoing finances, ways of operating and
reliance of international student’s income. These meetings have occurred in
2018, 2021 and more recently with the Senior Leadership Team and Board of
Trustees in January 2022. Of concern none of the remedial actions or
recommendations have been implemented by the school over the past years.
1982
Earlier in the year the Board did not have a plan to address the financial
concerns and were going to wait until the 2022 budget was approved and the
annual accounts were submitted to the Ministry. They are of the opinion this
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wil inform the active state of the school’s financial position. The school has
featured in the Auditor General’s Report (2020, 2021) highlighting their poor
financial position and lack of working capital.
With regards to the school’s complaints policy, the Ministry has received a
large amount of correspondence from the community. Some of these
complaints have taken a long time to investigate and report back to the
complainant. Further a number of the community do not wish to complain to
the Board as they feel they wil not be heard and that there will be
consequences for speaking up given the small nature of the community.
Information
The complaints consist of al egations of bullying (students and staff), staff
performance and conduct, poor communication, lack of adhering to and
fairness around code of conduct, students being isolated from others, poor
adherence to behavioural plans, fighting, intimidation, unfairness and
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favouritism.
Ministry representatives met with the Board on 6 April 2022 to discuss the
the
concerns and the purpose of the intervention. The Board are supportive of an
Specialist Adviser being appointed.
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1982
Act
Information
Official
the
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• The Board wil have shared understanding of individual roles and responsibilities and distribution of
tasks.
These outcomes may be amended after you have scoped the issues at the school to reflect any new
information found.
After you have submitted your scoping report, your Ministry contact person will contact you to discuss it with
you and to discuss how and when the Outcomes Plan will be completed. The Outcomes Plan will outline:
• the objectives to be achieved during the intervention, which wil contribute to the above intervention
outcomes, as agreed by the Ministry
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• the planned approach to achieve these objectives
• the expected timeline for achieving these objectives
• any additional support the Statutory Provider may require
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• the intervention costs, including the agreed maximum hours per month and other agreed expenses.
You are responsible for drafting the Outcomes Plan but should do this in col aboration with your Ministry
contact person and the Board. The Ministry has a Statutory Interventions Outcomes Plan template available
for your use if you wish.
Monthly reports to the Board and Ministry
You must submit monthly progress reports to the Board and Ministry with details of:
• any decisions or actions made by the Board as a result of the specialist help provided (financial or
Information
otherwise)
• progress made towards achieving the agreed set of intervention objectives (outlined in Outcomes Plan)
• details of any barriers or challenges to be addressed
• Your monthly fees and expenses.
A template is available for this.
Official
You must also report to the Board and/or Ministry (as appropriate under the circumstances) about any
matters of particular concern or if you encounter any conflicts of interest as specialist help.
the
Intervention Costs
Your Ministry of Education contact wil inform you as to whether the costs are being meet by the School
Board or the Ministry. Monthly invoices must be submitted to the relevant party in order for hours and
expenses to be paid. under
Exit from Intervention
This intervention and your appointment wil be reviewed against the Outcomes Plan by the Ministry within
the first year and annually thereafter. Your appointment will end when one of the following occurs:
• the Secretary or delegate is satisfied that the intervention is no longer required
• your appointment and/or the intervention is amended to the extent that your role is no longer
required
• you resign.
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As part of your exit from appointment, you wil :
• provide a final report
• manage a handover to the Board or new Statutory Provider
Waikato
Office
19 Home Straight
Phone: 07 850 8880
Te Rapa
Hamilton 3200
education.govt.nz
• ensure all relevant documentation that you have created and received in the course of your role is
appropriately filed or archived at the school, including a record of Specialist Help you have provided
I thank you again for your wil ingness to support the governance of Mercury Bay Area School.
Nāku noa, nā
1982
Act
Marcus Freke
Director of Education, Waikato
Te Mahau | Te Tai Whenua
Information
Official
the
under
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Waikato
Office
19 Home Straight
Phone: 07 850 8880
Te Rapa
Hamilton 3200
education.govt.nz
Document 9
29 April 2022
Dan Asquith
Presiding Member
Mercury Bay Area School Board
1982
20 South Highway
Whitianga 3510
Act
Tēnā koe Dan
Notice of Statutory Intervention
Ministry of Education col eagues and I have met with your Board to discuss how statutory intervention
can help your school.
Under section 173 of the Education and Training Act 2020 (the Act), I am requiring you to engage
specialist help from Val Wenham because of risk to the operation of your school.
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The specialist help engaged must provide advice in relation to:
o Financial management
o Board roles and responsibilities
Your Board is required to act on the advice of the specialist help. The specialist help is at a statutory level
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and cannot be elected, co-opted or appointed to the Board while holding this role. While specialist help
holds no voting powers and is not a member of the Board, the Board may wish to grant her speaking
rights at Board meetings and committee meetings as necessary to carry out her role.
the
I have selected Val Wenham for the role because she has extensive experience in governance and
management in several schools and has assisted schools with their financial management and
developing their policies and procedures.
To engage the required specialist help, your Board will need to prepare a contract for services.
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The fol owing link takes you to a template you can use (if you wish) for your contract:
https://www.nzsta.org.nz/assets/Recruitment-and-induction/Forms-and-
templates/contractforservices-template.docx
You can also contact the New Zealand School Trustees Association (NZSTA) for help to draft your
contract for services, free of charge.
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The contract for services must specify the information set out in Appendix One of this letter.
Cameron Frethey wil accompany Val Wenham to meet with you and John Wright when you may present
the contract for services for co-signing.
Waikato
Office
19 Home Straight
Phone: 07 850 8880
Te Rapa
Hamilton 3200
education.govt.nz
Val Wenham’s role starts upon signing and Cameron Frethey will introduce the Statutory Provider to
you and John Wright and continue to support the school and monitor progress of the intervention.
Nāku noa, nā
1982
Act
Marcus Freke
Director of Education, , Waikato
Te Mahau | Te Tai Whenua
cc
John Wright, Mercury Bay Area School Board
Val Wenham
Information
Official
the
under
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Document 10
Appendix One: Contract for specialist help must contain the following information
Details of specialist help
The specialist help that the selected Statutory Provider wil provide to your Board, as outlined at the
beginning of this letter.
Remuneration
The rate of remuneration is 9(2)(a)per hour for up to 40 hours for the first four weeks (the scoping period).
The ongoing maximum monthly hours wil be confirmed after this time. Under section 173(4)(b) of the
Education and Training Act 2020, the school is required to meet the cost of the specialist help.
The Statutory Provider is required to provide monthly invoices.
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Scoping Period and Report
The Statutory Provider must undertake a four-week scoping period, making as full an assessment as
possible of:
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o
all issues facing the school/kura (the facts)
o
analysis of the severity and scope of the issues
o
evidence to support the analysis
o
any issues that were not apparent at the outset
o
the level of risk (e.g. an assessment of whether the risk is lower, equal to or higher than what was
originally assessed by the Ministry).
Please note that the scoping report may uncover a need to:
o
amend the scope of the current intervention;
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o
replace the current intervention with a lower level of intervention;
o
replace the current intervention with a higher level of intervention; or
o
add another intervention in the school alongside this one.
If any intervention changes are necessary, Cameron Frethey will develop recommendations supporting
the approval of these changes and coordinate as applicable.
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Intervention Outcomes and Outcomes Plan
The following outcomes are expected as a result of this intervention:
the
• The Board wil ensure that regular monitoring, evaluation and reporting in relation to financial
delegation’s takers place
• The Board will have shared understanding of individual roles and responsibilities and
distribution of tasks.
These outcomes may be amended after the issues at the school have been scoped by the Statutory
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Provider, to reflect any new information found.
After the Scoping Report is submitted, the Ministry contact person wil contact the Statutory Provider
to discuss it, and how and when the Outcomes Plan wil be completed. The Outcomes Plan wil outline:
o
the objectives to be achieved during the intervention, which wil contribute to the above
intervention outcomes, as agreed by the Ministry;
o
the planned approach to achieve these objectives;
o
the expected timeline for achieving these objectives;
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o
any additional support the Statutory Provider may require; and
o
the intervention costs, including the agreed maximum hours per month and other agreed
expenses.
The Statutory providers is responsible for drafting the Outcomes Plan but should do this in
col aboration with the Ministry contact person and the Board. The Ministry has a Statutory
Interventions Outcomes Plan template available for use if desired.
Monthly reports to the Board and Ministry
The Statutory Provider
must submit monthly progress reports to the Board and Ministry with details of:
o
any decisions or actions made by the Board as a result of the specialist help provided (financial or
otherwise)
o
progress made towards achieving the agreed set of intervention objectives (outlined in Outcomes
Plan)
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o
details of any barriers or challenges to be addressed
o
the Statutory Provider’s monthly fees and expenses.
The Statutory Provider must also report to the Board and/or Ministry (as appropriate under the
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circumstances) about any matters of particular concern or if the Statutory Provider encounters any
conflicts of interest as specialist help.
Exit from Intervention
This intervention and the Statutory Provider’s appointment will be reviewed against the Outcomes Plan
by the Ministry within the first year and annual y thereafter. The Statutory Provider’s appointment wil
end when one of the following occurs:
o
the Secretary or delegate is satisfied that the intervention is no longer required;
o
their appointment and/or the intervention is amended to the extent that their role is no longer
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required; or
o
they resign.
As part of the Statutory Provider’s exit from appointment, they will:
o
provide a final report;
o
manage a handover to the Board or new Statutory Provider; and
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o
ensure all relevant documentation that they have created and received in the course of their role
is appropriately filed or archived at the school, including a record of Specialist Help they have
provided.
the
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Identified Strengths
The executive officer has very good understanding of the school’s financial situation and has
been employed at the school for nine years. The school is well supported by the Board of
Trustees and who are willing to work with me to address their current financial situation.
Issues Analysis
The final figures on 31st December showed a cash flow deficit ($149,000).
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This year the school is budgeting for an operating positive of $5,627 which is too small for a
school of this size. The 2022 budget was not approved until April 14 2022. Ideally the budget
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should have been completed and signed by November 2021 to start the year in January
2022. It is not good practice to start the year without a visible operating budget.
The current monthly finance report for the end of May 2022 has a cash deficit of $31,167.
This is most likely to be caused by the purchase of 150 chrome books which were ordered
last year and paid in January 2022 for a total of $58,177.
The school has adequate skills and strengths in the executive officer, but the systems,
process and accountabilities need to be strengthened. Information from the executive officer
to the Principal is not utilised. Despite concerns from the executive officer and lack of funds,
the Principal has insisted that purchases are made.
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The school will not reach a surplus budget unless the Principal and Board stop purchasing
and agree to purchases only once the funds are available. This appears to have been a
major contributor to the school being in the financial situation they are to date.
Of significance a contract was signed in March 2019 regarding the development of a whare
on the school site. Part of the contract was the carving of the entrance way and several pou
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to the whare for a cost of $118,150. Trust Waikato had approved a contribution of $70,500.
The school has covered the shortfall from their operational grant which has blown out to
$117,300. For reasons unknown the cost associated with this project have blown out to
the
$197,800.
Analysis has identified a number of transactions on the school’s credit card over the past few
years. These purchases include lotto tickets, coffee vouchers, visits to the local bar, koha
(petrol vouchers) etc. under the title of ‘staff appreciation’. This use of the school’s credit
card does not align with the FISH delegations of the appropriate use of the school’s
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operational grant funding, as it does not benefit the students directly for teaching and
learning.
Board systems and process are not robust, and the budget has not been well managed.
Further the process for financial approvals is not robust, as approval is given after the fact a
purchase has been made.
Details about the issues facing the school/kura (the facts) and an analysis of the severity and
scope of these issues.
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Issues Not Apparent at Outset of Intervention
No further issues have been identified.
2
Overall Assessment of Risk Level
Given the risk analysis, the risk level remains the same.
Any Further Comments
The Board need to be informed that the school should not be spending any money if there
are no funds available in the school account. There have been several examples where
spending has happened before the funds are obtained and secured into the school account. 1982
As a result, money has had to be borrowed from other school sources to cover expenses.
This is then paid back when Operational Grant funding has been received.
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It is recommended to the Board that they may consider having the executive officer as part
of the school senior leadership team. The executive officer provides an in-depth monthly
report to the Principal on cash flow and financial concerns.
Another issue that was raised by the Ministry was the number of complaints received. To
assist the Board with addressing complaints in a timely manner, training will need to be
provided by me. The Board are wishing to contract an independent investigator to
investigate a complex complaint – despite no funds being available.
The Principal has informed the Board that he will be retiring at the end of the 2022 year. It
was raised that a considerable amount of money was needed to assist with the job
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application process and the school is unable to afford this. There are people accredited with
NZSTA who can assist the Board with Principal appointment for a reasonable fee.
I have shared with the Board chair information pertaining to advertising for replacement staff
and Principal positions through the Education Gazette. Additional information was shared
regarding the school insurance legal liability cover, financial funding for schools (FISH
handbook) and planning and reporting information.
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The Board will benefit from training on systems and processes. The Board will have a
shared understanding of individual roles and responsibilities and distribution of tasks. The
the
Board will ensure that school policies and procedures are coherent and fit for purpose.
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Additional information for Statutory Providers is available in the Further Guidance Document.
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Document 13
Dear Cameron,
This is to confirm that the Board agree to the increased level of support to be offered to
Mercury Bay Area School by the LSM in the person of Val Wenham.
Kind regards
Dan Asquith
Board Chair
Sent from my iPhone
1982
On 5/09/2022, at 8:50 AM, Daniel Asquith 9(2)(a)
wrote:
Dear Cameron,
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This is to confirm that following on from the Board meeting of 25th August. The increase in a
Sent from my iPhone
On 26/08/2022, at 12:29 PM, Cameron Frethey <[email address]>
wrote:
Kia ora Dan
Thanks for leading a good meeting last night.
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Can you please confirm that as discussed at yesterday’s board meeting, the board agreed to
an increase in the level of statutory support provided from the current level of specialist
advisor to Limited Statutory Manager. It is proposed that this person hold the fol owing
board powers:
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All functions, powers and duties of the board as an employer (whether statutory or
otherwise)
All functions, powers and duties of the board in relation to property management (whether
the
statutory or otherwise)
All functions, powers and duties of the board to establish procedures and processes
(whether statutory or otherwise) for the investigation and resolution of complaints to the
board
under
The LSM to also advise on the board’s management of financial operations.
Regards
Cam
Cameron Frethey | Senior Education Adviser ECP
Te Mahau | Te Tai Whenua
DDI +6478587307 | Mobile 9(2)(a)
Hamilton Office
education.govt.nz
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He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai ōna huanga
We shape an education system that delivers equitable and excellent outcomes
Document 14
Updated -Intervention evidence 5 September, 2022
Ministry representatives have met with the Principal John Wright a number of
times concerning the schools ongoing finances, ways of operating and
reliance of international student’s income. These meetings have occurred in
2018, 2021 and more recently with the Senior Leadership Team and Board of
Trustees in January 2022. Of concern none of the remedial actions or
recommendations have been implemented by the school over the past years.
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Earlier in the year the Board did not have a plan to address the financial
concerns and were going to wait until the 2022 budget was approved and the
annual accounts were submitted to the Ministry. They are of the opinion this
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wil inform the active state of the school’s financial position. The school has
featured in the Auditor General’s Report (2020, 2021) highlighting their poor
financial position and lack of working capital.
With regards to the school’s complaints policy, the Ministry has received a
large amount of correspondence from the community. Some of these
complaints have taken a long time to investigate and report back to the
complainant. Further a number of the community do not wish to complain to
the Board as they feel they wil not be heard and that there wil be
consequences for speaking up given the smal nature of the community.
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The complaints consist of al egations of bullying (students and staff), staff
performance and conduct, poor communication, lack of adhering to and
fairness around code of conduct, students being isolated from others, poor
adherence to behavioural plans, fighting, intimidation, unfairness and
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favouritism.
Ministry representatives met with the Board on 6 April 2022 to discuss the
the
concerns and the purpose of the intervention. The Board are supportive of an
Specialist Adviser being appointed.
Ministry representatives have met with John Wright a number of times over
the past few years about being over staffed and doing a staffing review. This
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has not occurred in timely fashion, neither has it been completed or actioned
despite the school’s financial position.
On September 2 2022, the Ministry were notified by the interventionist that
the presiding member was concerned about a recent al eged serious
confidential y privacy breach by a staff member. This matter has become an
employment matter and was of a concern to the presiding member.
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Document 17
NOTICE FOR NEW ZEALAND GAZETTE
Notice of Direction to Appoint a Limited Statutory Manager for the Mercury Bay Area
School (110) Board
1982
Under section 180 of the Education and Training Act 2020, with delegated authority from
the Minister of Education, I hereby direct the appointment of a limited statutory manager
Act
for the Mercury Bay Area School (110) Board (‘the Board’).
1. The following functions, powers and duties of the Board are to be vested in the limited
statutory manager:
a. al functions, powers and duties of the Board as an employer (whether statutory or
otherwise); and
b. all functions, powers and duties of the Board in relation to property management
(whether statutory or otherwise).
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2. The LSM may also advise the Board on:
a. Financial operations (whether statutory or otherwise); and
b. board policies and procedures.
3. The Board wil retain its primary duty of care as a person conducting a business or
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undertaking, under the Health and Safety at Work Act 2015, above and beyond all
functions, powers, and duties of this limited statutory manager.
the
This notice takes effect on the date of publication.
Dated at Wellington this
day of September 2022.
under
JOCELYN MIKAERE
Hautū | Deputy Secretary
Te Mahau | Te Tai Whenua
Te Tāhuhu o te Mātauranga | Ministry of Education
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1982
Act
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Official
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under
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If any intervention changes are necessary, Cameron Frethey wil develop recommendations
supporting the approval of these changes and coordinate as applicable.
Intervention Outcomes and Outcomes Plan
The following outcomes are expected as a result of this intervention:
• the Board wil ensure that human resource management procedures and practices promote
and support high quality education outcomes and safety.
• The Board wil ensure that regular monitoring, evaluation and reporting in relation to property
management delegations takes place.
• The Board wil ensure that regular monitoring, evaluation and reporting in relation to financial
1982
delegation’s taker place.
• The Board wil have shared understanding of individual roles and responsibilities and
distribution of tasks
Act
• The Board wil ensure that a physically and emotionally safe environment is provided for all
students
These outcomes may be amended after you have scoped the issues at the school to reflect any new
information found.
After you have submitted your scoping report, your Ministry contact person wil contact you to discuss
it with you and to discuss how and when the Outcomes Plan wil be completed. The Outcomes Plan
will outline:
•
the objectives to be achieved during the intervention, which wil contribute to the above
Information
intervention outcomes, as agreed by the Ministry
•
the planned approach to achieve these objectives
•
the expected timeline for achieving these objectives
•
any additional support you may require
•
the intervention costs, including the agreed maximum hours per month and other agreed
expenses.
Official
You are responsible for drafting the Outcomes Plan but should do this in collaboration with your
Ministry contact person and the Board. The Ministry has a Statutory Interventions Outcomes Plan
the
template available for your use if you wish.
Monthly reports to the Board and Ministry
You must submit monthly progress reports to the Board and Ministry with details of:
•
any decisions or actions made by the Board as a result of the specialist help provided (financial
under
or otherwise)
•
progress made towards achieving the agreed set of intervention objectives (outlined in
Outcomes Plan)
•
details of any barriers or challenges to be addressed
•
your monthly fees and expenses.
A template is available for this.
You must also report to the Board and/or Ministry (as appropriate under the circumstances) about
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any matters of particular concern or if you encounter any conflicts of interest as specialist help.
Waikato
Office
19 Home Straight
Phone:
07 850 8880
DX G10047
Hamilton 3200
education.govt.nz
Intervention Costs
Your Ministry of Education contact wil inform you as to whether the costs are being meet by the
School Board or the Ministry. Monthly invoices must be submit ed to the relevant party for hours
and expenses to be paid.
Exit from Intervention
This intervention and your appointment wil be reviewed against the Outcomes Plan by the Ministry
within the first year and annually thereafter. Your appointment wil end when one of the following
occurs:
1982
•
the Secretary or delegate is satisfied that the intervention is no longer required
•
your appointment and/or the intervention is amended to the extent that your role is no longer
required
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•
you resign.
As part of your exit from appointment, you wil :
o
provide a final report
o
manage a handover to the Board or new Statutory Provider
o
ensure all relevant documentation that you have created and received during your role is
appropriately filed or archived at the school.
I have enclosed a copy of my letter to the Mercury Bay Area School Board Chair, Dr Dan Asquith,
informing him of this appointment. Cameron Frethey wil accompany you to meet with the Board so
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you can discuss the new working arrangements.
I thank you again for your wil ingness to support the governance of Mercury Bay Area School.
Nāku noa, nā
Official
the
Marcus Freke
Director of Education, Waikato
Te Mahau | Te Tai Whenua
under
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Waikato
Office
19 Home Straight
Phone:
07 850 8880
DX G10047
Hamilton 3200
education.govt.nz
Document 19
22 September 2022
Dan Asquith
Presiding Member
Mercury Bay Area School Board
20 South Highway
1982
Whitianga 3510
Act
Tēnā koe Dan
Review of Statutory Intervention and resulting outcomes
On 29 April 2022 your Board received a notice requiring it to engage specialist help from Val
Wenham because of risk to the operation of your school.
This intervention has been reviewed and it is now considered that risk to the operation of the school
has increased. The Minister of Education’s delegate has therefore directed me as Secretary’s
delegate to appoint a Limited Statutory Manager (LSM) for the board under section 180 of the
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Education and Training Act 2020 (the Act). The current specialist help intervention wil end of the
day the LSM intervention takes effect.
I have appointed Val Wenham as LSM with all functions, powers and duties of the Board as an
employer, and in relation to property management. Val wil also advise the Board on financial
operations and board policies and procedures. Val has extensive experience in governance and
management in several schools and has assisted several boards with their financial management
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and developing their policies and procedures.
The notice directing the appointment has been published in the
New Zealand Gazette and is
the
available via the following link: https://gazette.govt.nz/. Val’s appointment takes effect from the date
the Gazette notice takes effect.
Val is expected to use their vested functions, powers and duties to address the identified issues and
build the Board’s capability to manage all its functions, powers and duties independently.
under
Remuneration for Statutory Provider
The rate of remuneration is 9(2)(a)per hour for up to 40 hours for the first four weeks (the scoping
period). The ongoing maximum monthly hours wil be confirmed after this time.
Under section 180(6) of the Act, your school is required to meet the cost of the statutory appointment,
unless the Ministry determines otherwise.
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Waikato
Office
19 Home Straight
Phone:
07 858 8880
Te Rapa
DX 10047
Hamilton
education.govt.nz
Scoping Period and Report
The Statutory Provider must undertake a four-week scoping period, making as full an assessment
as possible of:
•
all issues facing the school (the facts)
•
analysis of the severity and scope of the issues
•
evidence to support the analysis
•
any issues that were not apparent at the outset
•
the level of risk (e.g. an assessment of whether this is lower, equal to or higher than what was
originally assessed by the Ministry).
Please note that the scoping report may uncover a need to:
•
amend the scope of the current intervention
1982
•
replace the current intervention with a lower level of intervention
•
replace the current intervention with a higher level of intervention
•
add another intervention in the school alongside this one.
Act
Intervention Outcomes and Outcomes Plan
The following outcomes are expected as a result of this intervention:
• the Board wil ensure that human resource management procedures and practices promote
and support high quality education outcomes and safety.
• The Board wil ensure that regular monitoring, evaluation and reporting in relation to property
management delegations takes place.
• The Board wil ensure that regular monitoring, evaluation and reporting in relation to financial
delegation’s taker place.
• The Board wil have shared understanding of individual roles and responsibilities and
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distribution of tasks
• The Board wil ensure that a physically and emotionally safe environment is provided for all
students
These outcomes may be amended after the issues have been scoped to reflect any new
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information found.
After the scoping report has been submit ed to the Ministry, the Statutory Provider wil develop an
Outcomes Plan. The Outcomes Plan wil outline:
the
• the objectives to be achieved during the intervention, which wil contribute to the above
intervention outcomes, as agreed by the Ministry
• the planned approach to achieve these objectives
• the expected timeline for achieving these objectives
under
• any additional support the Statutory Provider may require
• the intervention costs, including the agreed maximum hours per month and other agreed
expenses.
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Waikato
Office
19 Home Straight
Phone:
07 858 8880
Te Rapa
DX 10047
Hamilton
education.govt.nz
Monthly reports to the Board and Ministry
The Statutory Provider
must submit monthly progress reports to the Board and the Ministry with
details of:
• any decisions or actions made by the Board as a result of the advice or direction provided by
you as the provider (financial or otherwise)
• progress made towards achieving the agreed set of intervention objectives (outlined in
Outcomes Plan)
• details of any barriers or challenges to be addressed
• the Statutory Provider’s monthly fees and expenses.
The Statutory Provider must also report to the Board and/or Ministry (as appropriate under the
circumstances) about any matters of particular concern or if the statutory provider encounters any
1982
conflicts of interest as the LSM.
Review and exit from intervention
Act
I wil review the intervention and Val’s appointment within the first year. The intervention wil end
when it is no longer required or needs to be amended.
As part of the Statutory Provider’s exit from appointment, they wil :
• provide a final report
• manage a handover to the Board or new Statutory Provider
• ensure all relevant documentation that they have created and received in the course of their
role is appropriately filed or archived at the school.
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Cameron Frethey wil accompany Val to meet with you and the Principal to discuss the new
working arrangements and wil continue to support the school and monitor progress of the
intervention.
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I wil review the intervention and Val’s appointment within the first year. The intervention wil end
when it is no longer required or needs to be amended.
the
Nāku noa, nā
under
Marcus Freke
Director of Education, Waikato
cc
John Wright, Principal, Mercury Bay Area School
Val Wenham, Statutory Provider
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Waikato
Office
19 Home Straight
Phone:
07 858 8880
Te Rapa
DX 10047
Hamilton
education.govt.nz
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Document 21
A Funding Provision Agreement for the
Payment of Statutory Intervention Costs
1982
Between
the Secretary for Education acting by and through David Olivier of the
Ministry of Education (the Ministry)
And
Mercury Bay Area School Board
Act
Dated
14 November 2022
Background
A
The Board is the subject of a Statutory Intervention (“the Intervention”) in
accordance with Section 171 of the Education and Training Act 2020.
B
The Minister or the Secretary, as the case may be, has appointed a Statutory
Appointee or Specialist Help (“
the Statutory Provider”) to administer the
Intervention under section 180 of the Education and Training Act 2020.
C
The Ministry agrees to pay the Statutory Provider directly on the Board’s behalf
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(the Payment).
D
The Ministry and the Board wish to record the terms of the Payment in this Funding
Provision Agreement (“the FPA”).
The Ministry and the Board agree as follows:
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1.0
Term
1.1 The FPA shall cover costs incurred between September 2022 and August 2023 or
if terminated in accordance with clause 6.1.
the
1.2 Funding under the FPA will only cover costs incurred between these dates only
and this agreement will expire on the last day of the funding month.
2.0
Payments to the Statutory Provider
2.1 For the avoidance of doubt the Board acknowledges that it is required to pay the
under
fees and expenses of the Statutory Provider incurred outside of the dates and
above the maximum figure in the FPA.
2.2 The Ministry will pay the Statutory Provider’s fee up to a maximum of 9(2)(a)
excluding GST. That is for 100% of hours and for 100% of expenses for the period
stated in clause 1.1.
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3.0
Invoices
3.1 The Statutory Provider shall invoice for the Payment at the end of each month for
any specialist help or Board duties undertaken by the Statutory Provider during
that month.
3.2 The Statutory Provider’s invoice shal be addressed to the Ministry and copied to
the Board for transparency.
3.3 Any invoices that fall outside of this agreement will be sent to the Board for
payment.
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4.0
Disputes
4.1 Ministry staff and the Board shall take all reasonable steps to resolve any dispute
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that may arise in connection with this FPA.
4.2 Any dispute that cannot be resolved by negotiation or discussion will be decided
upon by the Secretary for Education or their nominated delegate. Decisions will be
final and binding on the Board.
4.3 The Ministry shall not be liable to the Board for damages, compensation or any
other remedy at law or in equity in relation to this FPA.
5.0
Variation
5.1 This FPA may be varied once by agreement in writing between the parties.
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6.0
Termination
6.1 The Ministry may terminate this FPA at any time by giving at least 30 days written
notice to the Statutory Provider and the Board.
7.0
Obligations of the Board
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7.1 The Board agrees to work in co-operation with the Statutory Provider and further
agree to offer all practicable assistance to enable the Statutory Provider to fulfil
their role.
the
7.2 The Board shall bring to the attention of the Ministry any discrepancies between
the Statutory Provider’s invoice and the actual hours worked or the level of
expenses claimed.
8.0
Review of FPA
under
8.1 The FPA is subject to periodic review by the Ministry on a date or dates to be
agreed between the Parties.
For and on behalf of the Secretary
for Education by David Olivier,
For and on behalf of the Mercury Bay
Acting Associate Deputy Secretary,
Area School Board nominee
Ministry of Education
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POSITION:
Si gned this 14 November day of 2022
Signed this
day of
2022
2
