Use of Trespass Notices in Schools – Policy, Guidance, and Oversight
SPENCER JONES made this Official Information request to Ministry of Education
Currently waiting for a response from Ministry of Education, they must respond promptly and normally no later than (details and exceptions).
From: SPENCER JONES
Dear Ministry of Education,
Kia ora,
I request the following information under the Official Information Act 1982.
This request relates to the use of trespass notices by state schools (Boards of Trustees and/or Principals) under the Trespass Act 1980.
1. Ministry Guidance and Policy
Please provide:
a) Any formal guidance, policy, circulars, or advisory material issued by the Ministry of Education to schools regarding:
• the use of trespass notices
• exclusion of parents or caregivers from school property
b) Any documents that outline:
• expected process prior to issuing a trespass notice
• expectations of proportionality or last-resort use
• recommended engagement or dispute resolution steps
2. Delegation of Authority
Please provide:
a) Any Ministry guidance or interpretation regarding:
• whether Boards must formally delegate authority to issue trespass notices
• whether Principals can issue trespass notices without explicit Board resolution
b) Any templates, examples, or recommended governance practices relating to delegation
3. Procedural Fairness / Natural Justice
Please provide any documents that set out expectations for:
• notifying parents of concerns prior to escalation
• providing opportunity to respond
• use of mediation or conflict resolution before issuing trespass
4. Complaints and Oversight
Please provide (summary-level information only):
a) The number of complaints received by the Ministry (from 1 January 2018 to present) relating to:
• schools issuing trespass notices to parents or caregivers
b) Any internal reports, summaries, or briefings discussing:
• risks associated with the use of trespass notices in schools
• concerns about inconsistency or overuse
(If full reports are too large, a summary or extract is sufficient.)
5. National Consistency / Policy Development
Please provide:
a) Any documents, emails, or briefings (from 1 January 2018 to present) discussing:
• whether national guidance on trespass use in schools is required
• any identified inconsistency across schools
6. Responsible Authority
Please confirm:
• Which agency or body is responsible for ensuring that:
the use of trespass notices by schools is lawful, proportionate, and procedurally fair
If no single agency holds this responsibility, please state this clearly.
Clarification (to avoid refusal under s18(f))
This request is limited to:
• existing documents, summaries, or guidance
• not requiring creation of new information
Kind regards,
Spencer Jones
From: Enquiries National
Ministry of Education
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Public Annotation – OIA Request: Use of Trespass Notices in Schools (Ministry of Education)
This request seeks to clarify how, and under what framework, state schools in New Zealand use trespass notices to exclude parents or caregivers from school grounds.
The issue is not about any specific allegation of misconduct. Rather, it raises a broader question of process, consistency, and governance.
Why this matters
Boards of Trustees operate as both:
- occupiers of school property (under the Trespass Act 1980), and
- public decision-makers (subject to principles of natural justice and fair process)
This creates a potential tension:
> How are statutory powers being applied in a way that is fair, proportionate, and consistent across schools?
What is currently unclear
Based on publicly available information, it is not evident:
- whether national guidance exists for schools on issuing trespass notices
- what procedural steps are expected before escalation
- whether formal Board delegation is required
- how parents’ rights to engagement are protected in these situations
- which agency is responsible for ensuring lawful and proportionate use of these powers
Why this OIA has been submitted
This request aims to determine whether:
- a clear and consistent governance framework exists, or
- decisions are being made at individual school level without national oversight or guidance
Public interest
Trespass notices are a significant legal mechanism. Their use in a school context has implications for:
- parent–school relationships
- access to children’s education environments
- procedural fairness
- consistency of public sector decision-making
Outcome sought
The goal is not criticism, but clarity:
- What guidance exists?
- Who is accountable?
- What safeguards are in place?
If no clear framework exists, this may indicate a policy gap requiring attention at a national level.
I will provide a further update once the Ministry responds.
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