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July 07, 2021

BERL and the PPTA's Judicial Review success

The Teaching Council did not follow a proper process in deciding to move to annual certification of teachers.

The Post Primary Teachers Association Te Wehengarua (PPTA) was recently successful when it applied for a Judicial Review of the Teaching Council’s decisions to more-than-double the fees teachers pay for their practising certificates, and to replace triennial certification with annual certification. BERL was pleased to provide expert evidence in support of the PPTA’s application, with the evidence mainly focussing on whether the Teaching Council, a statutory body, had followed a proper process in deciding to make certification an annual requirement.

More than 100,000 teachers are subject to certification, and moving to annual certification would impose a considerable burden on them, in terms of the time and effort needed to prepare and submit the evidence they needed. BERL’s view was that the Teaching Council should have undertaken a rigorous process, including cost-benefit analysis, to evaluate the move and possible alternatives. BERL’s examination of the documentation obtained from the Teaching Council showed that the Teaching Council failed to follow a fair process.

The result of the Judicial Review was that the High Court quashed the Teaching Council’s decision to move to annual certification. The Court also quashed the Teaching Council’s decision to raise the fees it charges for certification.

Read the PPTA’s media release on the Court’s judgement.