Document 1
25 March 2024
Shane Edwards
9(2)(a)
Tēnā koe Shane
Thank you for making yourself available for a new statutory appointment at Mangakōtukutuku College
and for agreeing to the terms of the appointment, which were discussed with you on 25 March 2024.
As the Secretary’s delegate, I am appointing you as a Limited Statutory Manager (LSM) for this
school under section 180 of the Education and Training Act 2020 because of risk to the operation of
the school.
The notice directing this statutory appointment has been published in the New Zealand Gazette and
is available via the following link: https://gazette.govt.nz/. Your appointment takes effect from the date
the Gazette notice is published.
I have enclosed a copy of the statutory intervention notice to the Board and Kevin Johnson, Lead
Adviser Network, wil  accompany you to meet with the Board so you can discuss your new working
arrangements. This letter outlines what is required from you in your role.
Scoping Period and Report
You 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).
under the Official Information Act 1982
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.
•
add another intervention in the school alongside this one.
If  any  intervention  changes  are  necessary,  Kevin  wil   develop  recommendations  supporting  the
approval of these changes and coordinate as applicable.
Released
Hamilton Office
19 Home Straight
Phone:    07 850 8880
Te Rapa
Hamilton
educa�on.govt.nz

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
delegations take place.
• The Board wil  ensure that all operations of the school are in accordance with the school's
policies and procedures.
• The Board wil  ensure that human resource management procedures and practices promote
and support high quality education outcomes and safety.
• The Board wil  effectively manage the performance of the principal, linking the school’s
strategic direction, goals, priorities and targets, appraisal goals, and appropriate professional
learning and development opportunities.
These outcomes may be amended after you have scoped the issues at the school to reflect any new
information found.
After you have submit ed your scoping report, Kevin wil  contact you to discuss how and when the
Outcomes Plan wil  be completed. 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.
•
any additional support you may require.
•
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 collaboration with Kevin 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 your advice (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.
•
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
under the Official Information Act 1982
any matters of particular concern or if you encounter any conflicts of interest as LSM.
Intervention Costs
Kevin wil  inform you as to whether the costs are being met 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
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.
Released
Hamilton Office
19 Home Straight
Phone:    07 850 8880
Te Rapa
Hamilton
educa�on.govt.nz

•
your appointment and/or the intervention is amended to the extent that your role is no longer
required.
•
you resign.
As part of your exit from appointment, you wil :
•
provide a final report.
•
manage a handover to the Board or new Statutory Provider
•
ensure all relevant documentation that you have created and received in the course of your role
is appropriately filed or archived at the school.
I thank you again for your wil ingness to support the governance of Mangakotuktuku College.
Nāku noa, nā
Marcus Freke
Director of Education, Waikato
under the Official Information Act 1982
Released
Hamilton Office
19 Home Straight
Phone: 07 850 8880
Te Rapa
Hamilton
educa�on.govt.nz

link to page 7 link to page 7

Document 2
Terms of Appointment
Limited Statutory Manager appointment for
Mangakōtukutuku Col ege Board, effective from the date
specified in the New Zealand Gazette notice.
Appointee: Shane Edwards
Core Duties
1. You are expected to:
•
Apply the following functions, powers and duties of the Board:
•
As an employer (whether statutory or otherwise)
•
To establish policies and procedures (whether statutory or otherwise)
•
To manage communications (whether statutory or otherwise)
•
To manage financial operations (whether statutory or otherwise)
•
use your functions, powers and duties to achieve the intervention objectives
•
empower the Board to be able to exercise its powers effectively when 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. You must also:
•
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
on powers and functions that remain with the Board.
•
consider any existing delegations and work with the Principal and Board to make
under the Official Information Act 1982
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
that may impact on the Health and Safety of the staff, students, or others at the
school.
3. You must:
•
use your functions, powers and duties to achieve the intervention objectives
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link to page 6

•
keep an accurate record of all key decisions impacting on the governance of the
school.
•
consider any existing delegations and work with the principal to make changes if
and as required.
•
work with the principal  to define responsibilities and boundaries for financial 1982
commitment/liabilities, and
•
work with the principal  to define responsibilities and boundaries for making
decisions that may impact on the Health and Safety of the staff, students or others
at the school.
Act

4.  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.

5.  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.

Getting Started
6.  Upon starting your appointment, you must:
Information
•
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.
•
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.
•
meet with the principal  to clarify and reach understanding on the working
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arrangements, responsibilities and boundaries of your role
•
undertake a scoping period, in the first four weeks (unless an extension has been
approved by the Ministry).

the
Situation Background

The basis on which we decided to place a Limited Statutory Manager into the school is
based on the risk to the future operation of the school.
By placing a Limited Statutory Manager in the school, it wil :
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•  allow an independent scoping of the issues the school is facing.
•  to work with the board providing direction as to how the issues the Board is
facing can be resolved for the benefit of all concerned, and in particular for
the children of the school.
•  This process ensures that it is fair and equitable process for all parties.

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Scoping Period and Report
7.  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.

8.  The Scoping Report must include:
1982
•
the evidence for this scoping.
•
identified strengths.
•
the issues facing the school/kura (the facts) and an analysis of the severity and
scope of these issues.
Act
•
issues not apparent at the outset of the intervention; and
•
the overall assessment of risk level.

9.  The scoping report must be submitted to your Ministry of Education contact person by the end
of the scoping period.

10.  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.

Information
11.  The Ministry of Education will provide you with a scoping report template for your use.

Intervention Outcomes Plan and Statements of Effective
Governance
12.  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:

Official
•  Financial Compliance – ensure that the school complies with financial requirements.
•  Financial Management – ensure that regular monitoring, evaluation and reporting in
relation to financial delegation takes place.
•  Human  Resource  Management  procedures and practices –  ensure that human
the
resource  management procedures and practices promote and support high quality
education outcomes and safety.
•  Human Resource  Compliance  –  ensure that the school complies with human
resource compliance.
•  Managing Principal Performance – ensure that school policies and procedures are
coherent and fit for purpose.
under
•  Policies and Procedures – ensure that school policies and procedures are coherent
and fit for purpose.
•  Physical and Emotional Student Safety – ensure that a physically and emotionally
safe environment is provided for all students.

13.  From these statements of effective governance, a tailored set of measurable and iterative
objectives wil  be developed by you and updated during the intervention.

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14.  After you have submit ed  your  Scoping  Report, your Ministry Education Adviser  will
contact you to discuss how and when the Outcome Plan wil  be completed. The Outcome
Plan must outline:

•
the objectives to be achieved during the intervention;
1982
•
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
agreed expenses; and
Act
•
any significant areas/items of expenditure that may be necessary to achieve the
intervention objectives.

15.  You are responsible for drafting an Outcomes Plan but should do this in collaboration
with your Ministry contact person and the Board.

16.  The Ministry of Education will provide you with an Outcomes Plan template for your use.

17.  Your finalised Outcomes  Plan  wil  be attached as an addendum to this Terms of
Appointment document in due course.

Fees and Hours of Work
Information
18.  9(2)(a)

nvoices wil  be submitted monthly.

Your Reporting Requirements
19.  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:
Official
•
any of your decisions/actions (financial or otherwise);
•
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
the
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.

20.  All reports should not include:
under
•
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.

21.  The Ministry of Education wil  provide you with a monthly reporting template for your
use.
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Ministry Monitoring and Review and Exit from Intervention
22.  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  1982
required; or
•
your appointment and/or the intervention is amended to the extent that your role is
no longer required; or
•
you resign.
Act

23.  As part of your exit from appointment, you wil :
•
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,
including a record of decisions you made and your decision-making process.

Information
Official
the
under
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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  1982
described in this document, I accept the stated terms of the appointment.

Name:         Shane Edwards
Act

9(2)(a)
Signature

Date: 5th April 2024

Key Intervention Contact (Ministry of Education) signature block

My signature below confirms that I have discussed the terms of appointment outlined in this
document with the above appointee.

Information
Name:  Kevin Johnson, Lead adviser Network
9(2)(a)
Signatur
Date: 5 April 2024
Official
the
under
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Document Outline