12/03/2024
Ben
[FYI request #25347 email]
Tēnā koe Ben
OIA: 1320870- Cellphone Ban
Thank you for your email of 8 January 2024 to the Ministry of Education (the Ministry), which
was clarified on 09 February 2024, requesting the following information:
1. Under what statutory or other authority has the Minister/Ministry directed schools to have a
cell phone policy?
2. Other than having a cell phone policy, what other requirements has the Minister/Ministry
imposed?
3. Has the Minister/Ministry imposed any requirements for the content of the policy? (ie things
that must, must not, or may be in the policy)
4. Has the Minister/Ministry imposed any requirements for the process by which the policy is
to be created? In particular, are schools required to consult on the [sic]
5.
Is the cell phone policy required to restrict cell phone availability/use, or can it maintain
existing levels of availability use? Can the policy apply different restrictions to different age
groups (for example, allowing final years students at college greater access)?
6. Are the policy exemptions for health conditions and special learning circumstances
determined by the Minister/Ministry or the school? Are other exemptions permitted? Who
will determine whether an exemption applies to a particular case? What protections are
there if schools do have a sufficient exemption, or apply the exemption appropriately?
I request the following documents:
A. All advice (including any decision papers or cabinet papers) in relation to the "cell phone
ban".
Auckland Office, Level 3, 12-18 Normanby Road, Mt Eden, Auckland 1024
Private Bag 92644, Symonds Street, Auckland 1149 Phone: +64 9 632 9400
B. Copies of all communications to schools about the cellphone ban (but, for the avoidance of
doubt, where substantially the same communication has been sent to more than one
school, only one copy is requested)
Your request has been considered under the Official Information Act 1982 (the Act).
In response to
part 1 of your request, some New Zealand schools already restrict cell phone use
by setting rules under section 126 of the Education and Training Act 2020 (ETA). The Minister of
Education (the Minister) has agreed to the creation of regulations under section 638 of the ETA
which require all schools to set similar rules for the Government’s Away for the Day policy, set to
begin from the start of Term 2 2024 (29 April 2024). You can read more about the legislation at the
following link:
https://www.legislation.govt.nz/regulation/public/2020/0193/latest/whole.html#LMS935296
I have interpreted
part 2 of your request as other initiatives the Minister/Ministry imposed for
Education. I am refusing this part of your request under section 18(d) of the Act, as the information
is publicly available. On 19 December 2023 the Minister of Education announced three Education
portfolio actions as part of the Government’s 100-day action plan. This can be found at the
following li
nk: https://www.education.govt.nz/news/100-day-action-plan-education-policies-
announced/
In response to
part 3 of your request school Boards are required (other than Te Aho o Te Kura
Pounamu) to prohibit students from using or accessing mobile phones while they are attending
school.
The new regulations require Boards to ensure the prohibition does not apply if:
• A student needs to use or access a mobile phone for a purpose connected with the student’s
health or assisting the student in connection with any disability or learning support need.
• A registered teacher determines that the student needs to use or access a mobile phone for a
specific educational task or purpose.
• The principal determines that there are special circumstances that make it necessary for the
student to use.
In response to
part 4 of your request, the school board may do anything within its powers to
implement the prohibition. Under section 126 of the ETA, school boards must consult with the
school community when considering making a new school rule or making a significant change to
an existing school rule. This includes implementing cell phone rules at the school or kura.
In response to
part 5 of your request, the policy requires school boards (other than Te Aho o Te
Kura Pounamu) to prohibit all students from using or accessing mobile phones at all times while
they are attending school, except where an exemption applies.
In response to
part 6 of your request, the new regulations specify that boards will ensure the
prohibition does not apply if a student meets the criteria detailed in the bullet points above
(addressed in
parts 2 and 3 of your request). School boards are responsible for establishing rules
related to the implementation of the policy and practical arrangements within their respective
schools, including exemption processes. Additionally, school boards must ensure that the
OIA: 1320870
prohibition does not apply to a student in the exempted circumstances, which provides a level of
protection for these students.
We have identified four documents in scope of
part A of your request, as detailed in the below
document table. We are refusing these documents under section 18(d) of the Act, on the basis that
the information will soon be publicly available on our website at the following link:
https://www.education.govt.nz/our-work/information-releases/advice-seen-by-our-ministers/
Some information may be withheld under section 9(2)(a) of the Act, to protect the privacy of natural
persons. Further details regarding withholding grounds can be found on the webpage linked above.
Document table of briefings
#
Date
METIS #
Type
Title
1. 28 November 2023
1319218
Education Report
Banning cell phones in
schools
2. 1 December 2023
1319666
Briefing Note
(Draft) Cabinet Paper:
Policy approvals for
regulating the use of cell
phones in schools
3. 6 December 2023
1319980
Cabinet paper and
Policy approvals for
Briefing Note
regulating the use of cell
phones in schools
4. 12 December 2023
1320201
Briefing Note
Policy Regulations under
the Education and Training
Act 2020
I am refusing
part B of your request under section 18(d) of the Act, as the information is publicly
available. The official guidance and support for schools implementing cell phone rules can be
found on the Ministry of Education’s website at the following link:
https://www.education.govt.nz/school/digital-technology/cellphones/
OIA: 1320870
Please see also a School Bulletin that went out 01 February 2024 with updates on the 100 day and
Priority Education Initiatives including Phones away for the day. The bulletin can be found at the
following link: https://bulletins.education.govt.nz/bulletin/he-pitopito-k%C5%8Drero/issue/issue-
170/date/2024-02-01
Nāku noa, nā
Jennifer Fraser
General Manager, School Policy
Te Pou Kaupapahere | Policy
OIA: 1320870
