Ask about how often exemption applications are declined on social media, and you may be told "almost never." Let's take a look at the actual facts and statistics around this, as well as on what basis the Ministry can decline an exemption application, and what your options are if your application is declined. 

So how often ARE exemption applications declined? Back in 2017, I, in my role with NCHENZ, asked the Ministry of Education for detailed information around outcomes of exemption applications for 2010-2017. The data was extracted in Oct 2017 and provided in a report, so the 2017 information was incomplete. However, there was a great deal of useful data provided. Here's some of the most important data for this discussion:

Lapsed: A lapsed application is one where the Ministry has asked for additional information, and the parents have not responded within the permitted time frame. As they do not have sufficient info to be satisfied that the application meets the criteria, it is listed as lapsed, and a letter is sent out effectively declining the application. I've listed these stats separately to the other declined ones as it makes the overall data clearer. 

Withdrawn:  These are applications where the parents have decided not to proceed. This could be for any number of reasons - they simply changed their minds about homeschooling, the Ministry offered a suitable alternative such as Te Kura to which the parents agreed, the family moved overseas, or after being asked for more information they chose to withdraw etc.

Declined: These are applications which were actually declined (refused) by the Ministry. There are a limited number of reasons why this can occur, and if it does, parents have some options as to how to proceed, both of which I'll discuss in more detail below.

Important totals: If you add up the total number of declined applications over the above period and compare it to the total applications received, one sees that 2% of applications were declined, or an average of 1 in 50. It's notable, however, that the number of applications declined year on year decreased fairly steadily over those years, for a number of reasons. If we take the complete years of 2015-2016, when 14 applications were declined each year, we find that 1% were declined, or 1 in 100 applications.

Note: I am planning to ask the Ministry for updated data for the last few years, though it may be some time before this is available.

Not meeting the application criteria sufficiently to satisfy the Ministry: The law says that the Ministry may grant an exemption application "If, on the application of the parent, they are satisfied that the child is to be taught at least as regularly and well as in a registered school." While "as regularly and well" is not further defined in law, the exemption application contains a series of questions or sections which must be completed to provide the Ministry with sufficient information on which to judge whether the proposed program will meet this criteria.

If an application does not contain sufficient information, then the Ministry staff member processing the application is required to contact the parents and let them know what areas of the application they need further information in, and the parents have up to 4 weeks to provide this. If they do not, the application lapses. If they do, then their application is further assessed with the additional information taken into consideration.

If the application, with additional information, still does not satisfactorily meet the criteria, then the Ministry may decline the application. (Some offices may provide another opportunity by asking some more questions, but this is not required, except where the application has proceeded to peer review, and the peer reviewer is asking for details the initial staff member did not pick up on). 

Of all applications declined from 2010-2017, 74% were declined because the application was not satisfactory in regards to curriculum or timetable (ie general content of application in Sections 2-4 of current forms).

False declaration: If parents make false declarations in the exemption application, it can be declined on that basis. The main part of the application this applies to now is Section One, where they ask if you have had help with the application. If you have, then you are required to state so, and the nature of the assistance. There is nothing wrong with having support in planning or preparing your application, so long as you are up front about this.

Welfare concerns: If the Ministry has evidence that the child's safety or wellbeing in the home is in question, such as a notification from Oranga Tamariki that this is the case, then they can decline the application based on welfare concerns. HOWEVER, in such a situation they should usually let the parent know about the information they have received, and the parent should have the opportunity to respond. 

Of all applications declined from 2010-2017, 24% were declined due to a false declaration or "student health and safety." 

Ministry believes that the parent cannot carry out the proposed program (maybe): This is not something one generally hears of, but there is one case that is currently still being navigated where the Ministry made a decision to decline an application, even though the application satisfied the criteria, because based on outside information they had received, they believed the parents may not be capable of delivering the program outlined. Again, in such a case, the Ministry must inform the parents of such information, and give them an opportunity to speak to it. The current case aside, for this to be the reason to decline, the Ministry would need to have compelling evidence, and conduct further investigation including discussing with the parents before making a decision to decline on this basis. However, except in extreme cases, this really should not be a reason to decline. If parents have a sound application and plan, they should be given the opportunity to put it into practice. 

If your application is declined, does that mean the end of the road, and you just can't homeschool? Absolutely not! If you would like to gain a home education exemption after being declined, you have two choices: appeal or reapply. 

​Appeals: The letter declining an application will state that you may appeal the decision by writing to the Group Manager, Service Delivery, Learning Support at the national office. The appeal process requires (by law) that the Ministry must ask ERO to review your application and give a recommendation as to whether or not it meets the "as regularly and well" criteria. They will then review the file and this recommendation, and decide whether to grant the exemption or uphold the decline decision. Note, however, that if your application reasonably didn't meet the criteria (including additional information you may have provided), then appealing is essentially a waste of time. I recommend appeals only when there is evidence to suggest that the decision was unfair, or that the Ministry did not follow due process. I would also recommend you have support from an experienced home educator/advocate to understand the requirements and how best to lodge an appeal. To discuss this further, Contact Me. 

Reapplying: If your application was declined, you can simply reapply. First, though, you will need to update your application (or write a new one), ensuring that it DOES meet the criteria in a way that is satisfactory. You would then submit it as a new application to your local Ministry office. However, they are then required to forward it to a different regional office for processing (assessment), to avoid bias. Once that other office makes the approve/decline decision, the letter advising of this will come from your local office. For help understanding the requirements of an application, read my Guide, or Contact Me. If you are reapplying, you really want to make sure you get it right this time, so I'd recommend having an experienced home educator read over your application before you submit it. I do offer this service, or you could talk to your regional home educators group to find someone local who may be able to support you in this. 

Approximately 1 in 100 applications are declined; approximately 75% of these because they did not meet the criteria to satisfy the Ministry that the child would be taught at least as regularly and well as in a registered school. 

Before the Ministry can decline an application, there are certain processes they must follow, including giving parents an opportunity to provide additional information. 

If your application is declined, you can appeal (if the decision was unfair) or reapply, doing your best to ensure your new application does meet the criteria.

Pointers: You can use the table of contents in the Act linked above to click on any section and go directly to it.

• By referring to the information below, hopefully you can find out which parts of the Act apply to a particular issue, and then look them up for yourself. All headings below are linked directly to the relevant section of the Act.
• Sections in blue below are directly copied/pasted from the Act. 
• Under each section in the Act, where relevant, it tells you which parts of previous Acts compare to the new wording. You can look each of those acts up on the legislation website. Eg under Section 36 copied below it says: "Compare: 1989 No 80 s25" this means Education Act 1989, version 80 (latest), Section 25. If you searched on the website for Education Act 1989, it would be the top result (or just click the linked text below).
• All references to state schools also applies to state integrated schools, unless otherwise specified.

This is pretty much a continuation of Section 20 of the previous Act, with a little rewording. It says essentially:

• Every domestic* student from their 6th birthday to 16th birthday must be enrolled in a registered school
• Before a student’s seventh birthday, the student is not required to be enrolled at any school more than 3 kilometres walking distance from the student’s residence. (Also note Section 43 below)
• The above do not apply to international students

Of note: refer to the definition of "walking distance" in the interpretation section at the beginning of the Act

Also note Section 243 for offences/fines related to this. Fines can only be imposed upon conviction in a court of law. And Sections 245-248 set out related matters if such proceedings occur - such as the burden of proof being on the parents.​

Related: Section 62-66 deals with restrictions on enrolment in a primary school, including that students cannot be enrolled before their 5th birthday, maximum age, and also policies around cohort entry.

* Domestic students include all NZ or Australian citizens, NZ residents, children on student visas whose parents have a work visa, and a range of others. For more on this, see HERE

36 Students of registered schools required to attend whenever schools are open
​(1) Except as provided in this Act, a student is required to attend a registered school whenever it is open if the student--
(a) is required to be enrolled at a registered school:
(b) is aged 5 years and is enrolled at a registered school.
(2)​ A board must take all reasonable steps to ensure that the school’s students attend the school when it is open.
(3) For the purposes of this section, a student attends a school on any day if, on the day,--
(a)it has been open for instruction for 4 hours or more; and
(b)the student has been present for 4 hours or more when it was open for instruction.
Compare: 1989 No 80 s 25(1)-(3)

Note Section 244 for offences/fines related to attendance. Fince can only be imposed upon conviction in a court of law. And Sections 245-248 set out related matters if such proceedings occur - such as the burden of proof being on the parents.

Also note that subsection 1(b) above is the source of much confusion, even though it first came into being in 2017. Just because an enrolled 5yo is required to attend does NOT mean that parents can't remove them from the roll if they no longer want them to attend school, either to begin homeschooling or for some other reason. See HERE for more on this. 

T​his section sets out the ability of the Secretary and parent to agree, or the Secretary to direct, regarding the special education of a child that they be enrolled in a particular State or specialist school, or get help from a special service. 

Subsection 1(b) puts the onus on the parent to "ensure the student has education or help from a special service". How often are children not getting the help they should be; this wording of the law makes it the parent's problem, not the school's or the MoE's. 

​Note: this is not about home educated students as such, but I'm including it here because so many of the parents I talk to have children with special education needs that are not being met at school (thus considering home education), and they want to know their rights. 

Also note Sections 33 and 34 which set out the right of all domestic students to free enrolment and free education at any State School from the age of 5 to 19, and to attend during all the hours it is open for instruction. It also spells out the right of children with special education needs to have the same rights - preventing schools from limiting the hours that they attend.

Also note the related Section 47, which allows a reconsideration (ie appeal) of directions given under this section.

This is the key piece of legislation governing the ability to home educate and the issuing of certificates of exemption.
38 Long-term exemptions from enrolment
(1)​ An employee of the Ministry designated by the Secretary for the purpose (a designated officer) may, on application by a parent of the student, grant the parent a certificate that exempts the student from the requirements of section 35 if the designated officer is satisfied that the student--
(a)is to be taught at least as regularly and well as in a registered school; or
(b)is to be taught at least as regularly and well as in a specialist school or a special service (if the student would otherwise be likely to need special education).
(2) If a designated officer refuses to grant a certificate under subsection (1), the applicant may appeal to the Secretary, who, after considering a report on the matter from the Chief Review Officer, must confirm the refusal or grant a certificate.
(3) The Secretary’s decision is final.
(4) An exemption certificate granted under this section must state why it was granted.
(5) The Secretary may revoke an exemption certificate, but only if the Secretary--
(a)has made reasonable efforts to get all of the relevant information; and
(b)has considered a report on the matter from the Chief Review Officer; and
(c)is not satisfied under subsection (1).
(6) If the Secretary thinks any student to whom an exemption certificate applies would be better off if receiving special education, the Secretary may revoke the certificate and issue a direction under section 37.
(7) An exemption certificate expires when the person to whom it applies turns 16 years or enrols at a registered school, whichever occurs first.
(8) A certificate continues in force until it is revoked or expires.
Compare: 1989 No 80 s 21

While this part of the legislation is not specific to home education, it is often of interest to families whose 15yo students are ready to move on to further training or work. The Ministry is generally reluctant to issue an ELX, as it is known, to a home educated student, but in some circumstances they will. 

​39 Exemption from enrolment of student who has turned 15(1) The Secretary may, on application by a parent of a student who has turned 15 years, grant the parent a certificate that exempts the student from the requirements of section 35 if the Secretary is satisfied that it is sensible to do so, on the basis of--
(a) the student’s educational problems; and
(b) the student’s conduct; and
(c) the benefit (if any) the student is likely to get from attending another available school.(2) However, the Secretary may not exempt any student who--
(a) has made insufficient progress in terms of any curriculum statement for year 8 published under section 90; or
(b) has not enrolled for a year level above year 8.(3) The Secretary must tell the chief executive of Oranga Tamariki the name and address and any other available contact details of every student exempted under subsection (1).
(4) If satisfied that it is in the best interests of any student to do so, the Secretary may revoke the student’s certificate granted under subsection (1).
Compare: 1989 No 80 s 22

​This section states that a student with an exemption does not have to be enrolled in any school.

​This section allows for:

• A plan of reduced hours for well-being needs identified in writing by a medical practitioner or psychologist 
• A transition plan for introducing a child of 5 more slowly to school
• Neither of the above can be for longer than 6 months, but can be renewed or extended once for a further six months under certain circumstances
• Attendance requirements do not apply to students who are enrolled only for a part-time program under the secondary-tertiary program or multiple-timetable arrangement.

Again, this section does not directly apply to home educated students, but may be of interest/relevance to some parents.

If a student is under 10, and the walking distance between their residence and school is more than 3km, or they are over 10 and the walking distance is more than 5km, they can be exempted from attendance at a school. Note, however Section 46, which allows the Secretary to direct these children to be enrolled in a distance school (ie Te Kura). Section 239 sets out offences/fines for failing to comply with a direction to enrol such a student in a distance school. 

​The Secretary can also grant an exemption "if it is sensible to do so for some other reason" but for a period of no more than 7 school days. This is pretty pointless, as a principal has the power under Section 44 to exempt a student for up to 5 days if the absence is "justified."

All parents should teach their children this information and their rights, and how to respond if questioned!

​Section 48 requires a school board to take all reasonable steps to ensure the attendance of students enrolled in their school/s, and gives them the power to appoint an Attendance Officer for this purpose. 

Section 49 sets out the powers of attendance offices and constables:

• To detain any person who appears to be between 5 and 16 and who appears to be absent from school
• To question that person about their name, address, the school they attend and its address, and why they are absent
• Before they can do either of these things, they MUST produce a badge (if police) or evidence of appointment (ie a certificate sealed by a board who appointed them)
• If not satisfied that the person has a good reason for being absent, they may transport that child to their home or the school they think they are enrolled in
• An attendance office, principal, the Secretary or a person appointed by the board or the Secretary may file charging documents, conduct prosecutions and take any other proceedings under this Part (ie re truancy)

Section 241 sets out an offence/fine for deliberately obstructing or interfering with an attendance officer exercising their powers, payable on conviction in a court of law.

This section is of particular interest because it sets out the grounds on which a principal may allow a student not to attend for an agreed period, in order to recieve "acceptable" tuition outside of the school. This is a replacement of Section 25B of the current Act, which I have written about in this article:   http://www.cynthiahancox.com/information/truancy-and-the-home-educator under the heading Principal's Discretion. This has sometimes been applied by principals to allow parents to home educate their children part-time, or to do so while waiting on an exemption. Nothing in the new wording prevents it being applied in the same way, though of course that is not the intention of this segment of legislation. 
​
The section also covers the ability of a school to allow a student to leave early on a particular day if there are good reasons, and they have attended for 4 or more hours (which gets marked on the roll as full time attendance). ​

​Note especially 1 (d) for exempt students, or (c) for Te Kura students. 
(1) An employer may not employ any person under the age of 16 years--
(a) within school hours; or
(b) if the person is a student participating in a secondary–tertiary programme and the employment would interfere with the person’s ability to undertake the secondary–tertiary programme; or
(c) if the person is enrolled at a distance school and the employment would interfere with the person’s ability to do the work of the course in which the student is enrolled; or
(d) if the person’s parent is granted an exemption certificate under section 38 and the employment would interfere with the person’s ability to be taught as well and regularly as in a registered school; or
(e) if the employment would--
   (i) prevent or interfere with the person’s attendance at school; or
  (ii) in the case of a person who is a participating student, interfere with the person’s ability to undertake their secondary–tertiary programme; or
  (iii) if the person is enrolled at a distance school, interfere with the person’s ability to do the work of the course in which the person is enrolled.
​(2)Subsection (1) does not apply if the person provides the employer with a certificate of exemption or other satisfactory evidence that verifies that the person is exempted (otherwise than under section 38(1)) from enrolment at any school.
Compare: 1989 No 80 s 30(1), (2)
Also note Section 240 for offences/fines related to this.

This section sets out that the Minister, by notice in the Gazette, can set out criteria for enrolment in a distance school (currently Te Kura is the only such distance school). It also discusses the right of the Secretary to direct some children to be enrolled etc. 

Students cannot be enrolled in the distance school unless they fit the criteria set out by the Minister (which is, essentially, what is laid out in the Enrolment Policy for Te Kura), or unless directed under Section 46.

Section 69 also sets out that some domestic students will have to pay fees for distance education, including students over 16 who are not enrolled in a school, and students with a Section 38 exemption (ie homeschoolers). This does not preclude the Minister from setting the fees at $0 as is currently the case for 16-19yos.

These sections deal with stand-down, suspension, exclusion or expulsion of a domestic student from a state school or state-integrated school. Section 76 also deals with the Secretary's power to direct that a student be enrolled in a specific school.

These parts may be of interest to parents trying to understand their rights and the law if their child is in this situation, often part of the reason some parents consider home education as an alternative.

Section 90 sets out that the Minister can publish a description of foundational curriculum policy statements, national curriculum statements and national performance measures, covering things like what areas of knowledge and understanding are to be covered, and what skills taught, during the school years, and what level of achievement is desireable, and how this will be measured etc.

These are specifically about what is required in SCHOOLS and do not apply to home educators. However, in meeting the "as regularly and well" requirements of an exemption application, we do need to give some consideration to ensuring our proposed program is at least as broad in scope as what is expected in schools, and will ensure the student is taught at least as regularly and well as they would be in school. 

Should the Minister publish any such requirements, they would be found in the Gazette; it may behoove us as home educators to be familiar with these. 

This affects home educators, because there has long been an issue where the Ministry questions groups of home educators who come together for various purposes, as to whether they "may be operating as a private school."

199 Secretary may require application for registration of school
The Secretary may require the managers of a private entity that is not registered under section 214 to apply for its registration as a private school under that section if the Secretary considers that the entity is operating as a school, whether or not any exemption certificates issued under section 38 are held in respect of any or all of the students being taught there.
Compare: 1989 No 80 s 35B
Related is Schedule 7, Section 2:
Criteria for registration as private school
The criteria for registration as a private school are that the school--
(a)has premises that are suitable, as described in clause 3; and
(b)usually provides tuition for 9 or more students aged 5 or over but under 16; and
(c)has staffing that is suitable to the age range and level of its students, the curriculum taught at the school, and the size of the school; and
(d)has equipment that is suitable for the curriculum being delivered or to be delivered at the school; and
(e)has a curriculum for teaching, learning, and assessment and makes details of the curriculum and its programme for delivery available for parents; and
(f)has suitable tuition standards, as described in clause 5; and
(g)has managers who are fit and proper persons (as described in clause 6) to be managers of a private school; and
(h)is a physically and emotionally safe place for students.
Compare: 1989 No 80 s 35C

​And Section 249 sets out related offences/fines.
Also note Section 629 (in Act or below) which states powers of entry into a premise where an unregistered private school is suspected of being.

Of relevance to parents with children in school, and who are experiencing significant issues with the school:

​Until now, any parent having a serious complaint or dispute with the school has had to take to the school's Board of Trustees, often with unsatisfactory results. Under the new legislation, there will be a Dispute Resolution Panel consisting of local community members and expert members for the purpose of resolving serious disputes - though parents must still first give the school an opportunity to resolve the dispute. These sections also set out the dispute resolution processes,  the types of outcomes, and when they are binding or non-binding. 

This section sets out the eligibility of students to enrol in a tertiary education program. The full wording is below, but note that any student who is eligible is entitled to be enrolled. 
​
​255 Enrolment of students
(1) A person is eligible to be enrolled as a student in a programme or training scheme provided by an institution if--
(a)the person is a domestic student or the institution’s council complies with section 525 and consents; and
(b)the person holds the minimum entry requirements for the programme or training scheme as determined by the institution’s council; and
(c)the person has attained,--
(i)if the institution has fixed a minimum age for enrolment at the institution, the fixed age; and
(ii)if the institution has fixed a minimum age for enrolment in the programme or training scheme, the fixed age.
(2)Subsection (1)(b) and (c) does not apply to a person if--
(a)the person has turned 20 years; or
(b)the council of the institution is satisfied that the person is capable of undertaking the programme or scheme concerned.
(3) An eligible student who applies for enrolment in a programme or training scheme at an institution is entitled to be enrolled in that programme or training scheme.
(4) However, the council of the institution--
(a)may determine the maximum number of students that may be enrolled in a particular programme or training scheme at the institution in a particular year if the council is satisfied that it is necessary to do so because of insufficiency of staff, accommodation, or equipment:
(b)may, in the selection of the students to be enrolled, give preference to eligible persons who are included in a class of persons that is under-represented among the students undertaking the programme or training scheme if--
(i)the maximum number of students who may be enrolled at an institution in a particular programme or training scheme in a particular year is determined by the council under paragraph (a); and
(ii)the number of eligible students who apply for enrolment in that programme or training scheme in that year exceeds the maximum number so determined.
(5) Nothing in this section prevents an institution’s council from refusing to permit, or from cancelling, the enrolment of a person as a student at the institution, or in a particular programme or scheme at the institution, on the ground that--
(a)the person is not of good character; or
(b)the person has been guilty of misconduct or a breach of discipline; or
(c)the person is enrolled for full-time instruction at another institution or at a school; or
(d)the person has made insufficient progress in the person’s study or training after a reasonable trial at the institution or at another institution.
(6) The chief executive of an institution that provides approved programmes of pre-service teacher training must ensure that the appropriate authorities of the institution liaise with the appropriate authorities of other institutions that provide the programmes to establish common requirements to govern the selection and enrolment of people in those programmes.
(7) In this section,--
eligible student, in relation to a programme or training scheme at an institution, means a person who is eligible to be enrolled as a student in that programme or scheme
year means a period of 12 months commencing on 1 January.
Compare: 1989 No 80 s 224

This section sets out the powers of the Education Review Office. 462 (2) states specifically the application to exempt home educated students:
(2) Sections 466 to 469 apply in relation to education services provided to persons who are exempted from the requirements of section 35; and, for the purposes of this subsection and sections 466 to 469, education service is to be construed in that context, and the meaning it has in the definition of applicable service in section 10(1) does not apply.

Sections 466-469 sets out the specific provisions concerning students with enrolment exemptions (note they do not have power or entry into a private home):

Provisions concerning students with enrolment exemption

466 Functions of Chief Review OfficerThe Chief Review Officer--
(a) may carry out reviews (which may be general or in relation to particular matters) of the education services provided to persons exempted from the requirements of section 35, and must carry out the reviews when directed by the Minister to do so; and
(b) must administer the preparation of reports to the Minister on the undertaking and results of the reviews; and
(c) must give the Minister any other assistance and advice that the Minister requires on the education services provided to persons exempted from the requirements of section 35.Compare: 1989 No 80 s 328A

467 Review officersReview officers designated under section 465 are also review officers for the purposes of section 466, and sections 468 and 469 apply to them accordingly.
Compare: 1989 No 80 s 328B

468 Powers of review officers for purposes of section 466(1) For the purposes of enabling any functions of the Chief Review Officer to be performed for the purposes of section 466, any review officer may, at any reasonable time and having given reasonable notice,--
(a) conduct inspections or inquiries:
(b) require a parent or other person to produce, and permit the review officer to make copies or extracts of, documents or information relating to--
(i) the education service the parent or other person provides; or
(ii) people to whom the education service is (or has been) provided:
(c) require a parent or other person to make or provide statements, in the form and manner that is reasonable in the circumstances, about any matters relating to provision of the education service provided by that parent or person:
(d) inspect the work of any person to whom the education service concerned is (or has been) provided:
(e) meet and talk with any person to whom the education service concerned is being provided.(2) Nothing in this section confers on a review officer the power to enter any dwelling house without the consent of the owner or occupier.
Compare: 1989 No 80 s 328C

469 Review officers to prove identity before acting under section 468A review officer who exercises any power under section 468 must, before exercising that power and, if requested at any later time, produce to the parent or other person providing the education service concerned the review officer’s certificate of designation.
Compare: 1989 No 80 s 328D

Home educators are paid a small supervision allowance; the Ministry cannot pay out any public funds unless on the basis that the legislation grants them the power to do so. While the supervision allowance itself is not written into law in so many words, the section of the legislation that applies is this:

Section 556 Grants to educational bodies
(1) An educational body may, on conditions that the Minister thinks fit, be paid grants out of money appropriated by Parliament for the purpose.
(2) However, a grant may not be paid to a tertiary education provider or a workforce development council unless the Minister is satisfied that the payment is in the national interest.
(3) The Minister may determine the amount of, and the conditions that apply to, each grant.
(4) Before a grant is paid, the Minister may give the educational body written notice that the grant, or a part or parts of the grant (specified as a particular sum or as a proportion of the total grant), is not to be used except for purposes specified in the notice.
(5) If notice is given, the educational body must ensure that no part of the grant to which the notice relates is used for purposes other than those specified for it in the notice.
(6) Apart from this restriction, an educational body to which a grant is paid may apply the grant as it sees fit.
(7) In the financial year during which a grant was paid to an educational body, and during the next financial year,--
  (a) the Secretary may, by written notice, require the educational body to provide the Secretary with any financial report, or statistical or other information, relating to the educational body, within a time specified in the notice and in writing; and
  (b) the educational body must take all reasonable steps to comply with the notice.
(8) The Minister may, for the purposes of this section and section 557, recognise a body that provides any educational or developmental service or facility, including a tertiary education organisation, as an educational body.
Compare: 1989 No 80 s 321

For more on the Supervision Allowance, see my article HERE

 ​These sections set out the powers of entry and inspection for an authorised person into schools, hostels, ECEs and private training establishments. There is no power of entry into a private home, with one possible exception (though it requires a warrant):

629 Entry where private school suspected of being unregistered
(1) A person who holds an authorisation under section 628(3), and who has reasonable cause to believe that any premises are being used as a private school in contravention of section 249, may apply for a warrant to enter the premises.
(2) An application for a warrant must be in writing, on oath, and be made to a District Court Judge, Justice of the Peace, or Registrar or Deputy Registrar of any court.
(3)​ A warrant may be issued if the person issuing it is satisfied that there is reasonable cause to believe that the premises are being used as a private school in contravention of section 249.
(4) A warrant issued under subsection (3) must contain--
(a)a reference to this section; and
(b)the full name of the person authorised; and
(c)a description of the premises concerned; and
(d)the date on which it was issued and the date on which it expires.
(5) A warrant issued under subsection (3) authorises the person named in it, at any reasonable time within 4 weeks of the date on which it is issued, to enter and inspect the premises described in the warrant to ascertain whether those premises are being used as a private school in contravention of section 249.
(6) A person acting under a warrant issued under subsection (3) must retain the warrant and must produce it, along with evidence of identity, to the occupier of the premises concerned--
(a)on first entering the premises; and
(b)whenever subsequently reasonably required to do so by that occupier.
Compare: 1989 No 80 s 35S

The Education and Training Act 2020 is a very large piece of legislation. The parts pointed out above are key sections of relevance to home educators and those who may be considering tranisitioning to home education. This is not the only piece of relevant legislation - for example the Care of Children Act which sets out the right of parents to determine such matters as how and where a child will be educated, legislation related to Family Court matters where parents are in dispute about this, and the regulatory framework around Playcentres may also be of relevance. 

However, for the purposes of this article, I would encourage all home educating parents to be aware of the above sections, at least sufficiently that they can return to examine them more closely if a need arises. I also strongly encourage all home educating parents to ensure their children understand what can and can't happen if they are questioned in public by anyone about why they aren't in school, and how to respond. 

ACE (Accelerated Christian Education) products and services are a popular choice among Christian homeschooling families in NZ. I see many questions about where to order the materials, and how the pricing is done etc, so here's some current information.

For New Zealanders, there are basically three main sources of the materials - SCEE in Australia, or a limited number of U.S suppliers. The situation with each varies, so let's look at them one by one.

Background: SCEE is the official South Pacific distributor of ACE products. They have a warehouse, bring in materials in bulk from the U.S, and on-sell to schools and families around the South Pacific. For many years, nearly all families in NZ purchased through SCEE. However, with increasing globalisation, more families began to seek cheaper alternatives and order from the U.S. In an effort to protect their market share, a few years ago SCEE asked ACE Ministries (the U.S parent company) to tell all U.S distributors not to sell to NZ families. Most, but not all, of them stopped doing so. 

Member Discounts and Ordering: One can order from SCEE either as a member of one of the affiliated schools or support agencies, or independently. The two affiliates for NZ home educators are HENZ (Home Education NZ) or Accelerate. Accelerate is the distance arm of SCEE, and is based in Australia. Just in the last couple of years SCEE has started directing NZ families to them rather than HENZ. High school age students under either of these work towards the ACE Certificate program, which is controlled by SCEE. A part of the contract requires that students paces be purchased from SCEE; if they don't see what they consider a suitable ordering history to indicated this, they will refuse to issue the certificate.

Families who are members of SCEE or Accelerate have a 5% discount on the cost of materials. According to the most recent invoices I've seen, they are also not charged GST on their orders (if anyone has a more recent order which shows differently, please let me know), though this may change as it does not appear to be in line with the current laws* (see below for more on this). Affiliate families order online through the webstore; their order will have their discount applied, shipping added and be in Australian dollars, which is how it is charged to their credit cards and then converted by their banks at whatever the current exchange rate is. 

Non-Affiliates There is another support agency in NZ - HSNZ (Homeschooling NZ). They are by far the biggest agency, though their scope is much wider than just ACE these days. They used to be a SCEE affiliate and provider of the ACE Certificate program, but wanting to offer Christian families and schools in NZ a much broader and more tailorable and NZ-relevant framework, they ended their contract with SCEE and created the CENZ Certificate program, which is also recognised by the Universities of NZ. They do not require member families to purchase from any specific curriculum providers. 

Both HSNZ families and others who choose to use ACE resources without belonging to a support agency can order from SCEE if they choose to do so. However, the billing system is more complex. Below is a brief outline. This difference is something SCEE instituted when the new GST laws came into effect, requiring overseas companies who sell more than $60K of goods or services to NZ customers per year to register for GST, collect it from customers on orders under $1000, and pay it to IRD. Here's how it works:

• A customer orders materials through the SCEE webstore (or via email etc). On the webstore, they are billed in Australian dollars, with shipping added. They get a confirmation of order email in Aussie dollars just like they saw on the webstore. 
• Next they get a new invoice. This time it's in NZ dollars, with the SCEE NZ* company listed, and shipping AND GST are added. They then need to pay the amount on this invoice by internet banking or Paypal.
• A significant fact is that the cost of the materials is not the AUD price converted at the current exchange rate, but a pre-set NZ price that is higher than the AUD equivalent. A recent invoice I saw put this at NZ$7.19 per pace/score key, plus GST and shipping. This can mean that what you get billed is significantly more than you may have expected when placing the order on the website, not just because of GST but also because of the higher pricing, which adds up over a number of items. Notably, nowhere on the website or webstore does it advise of these pricing or ordering process differences. GST is charged on both product and shipping (which is also a service) as required by the legislation.

For families who wish to order from an alternative supplier, there are two main options.

For Homeschooling NZ families only there is an arrangement in place with a specific U.S supplier. Details of this can be found on the HSNZ member Noticeboard or in the ordering information document under Resources on their website. As this is a company that supplies less than the $60K of product to NZ each year, they do not charge GST. Ordering is done by email to a specified contact rather than through their website, and they are great about minimizing shipping costs where possible. They email an invoice which can be paid by credit/debit card or Paypal. Their current per-pace price for most items is $3.20 US, which works out today to NZ$4.14, plus shipping. If your order is over $1000 including shipping you will be charged GST and duty at the border by NZ Customs, so keep that in mind if placing larger orders.

Other families choose to order from other U.S suppliers using a YouShop drop shipping address. This can be set up via NZ Post. When ordering via YouShop, the supplier is sending to, effectively, a U.S address, and may offer free shipping. NZ Post then calculates shipping to NZ, and charges that and a service fee, plus GST, to send the parcel on to you. NZ Post will also charge GST on the value of the product ordered, not just their shipping and services, regardless of the value of the parcel. The legislation requires them to do so.

Currently, the most cost effective source of ACE materials depends on your family situation and affiliations, if any.  

• For HENZ or Accelerate families, ordering from SCEE is usually cheapest due to a 5% discount and not (currently) being charged GST. 
• For non-affiliate families, other U.S suppliers may be the most cost effective option. Note, however, that NZ Math and Social Studies paces can only be ordered from SCEE (though for HSNZ families there are alternatives to these) 

* Note re GST for affiliates vs non-affiliates. As I've been writing this I've been thinking about how SCEE can not charge GST to some families (ie those who are affiliated) though the new legislation requires all suppliers selling more than $60K/year to NZ customers to do so. I believe the answer is likely this: in utilizing their previously registered SCEE NZ company name for all non-affiliate orders, they are effectively reducing their total sales volume to NZ under the SCEE Australia company to less than $60K (their affiliate customer base here is much smaller than it used to be); therefore sales via SCEE Australia can avoid charging GST to the customers whose orders are processed under that banner. Sales to non-affiliates are billed via SCEE NZ, and charged GST.