Advertising and job descriptions

To appoint the best-suited person for your school’s vacancy, all potential candidates must be aware of the vacancy.

The best way to achieve this is to ensure the position is advertised properly.

This article explores schools’ legal obligations during advertising and recruitment, ways to attract suitable candidates, and what to do when you can’t fill a position.

What are the school’s legal obligations?

(Find all legislation links in the reference section of this article).

As Crown Entities, schools are subject to the employment provisions of the Public Service Act 2020open_in_new.

Section 603open_in_new of the Education and Training Act 2020 requires appointments on merit:

“An employer in making an appointment under this Act must give preference to the person who is best suited to the position.”

This in turn requires schools to notify vacancies in such a way as to enable suitably qualified people to apply.

As parties to Collective Agreements, schools also have additional requirements regarding how the vacancy is notified and how long the advertisement is open.

Keep reading to learn more about your requirements as they apply to vacancies in the different groups of employees of your school.

Note: If you are appointing for a fixed-term position, you must have a genuine reason and reasonable grounds.

What are the general rules around advertising vacancies in the education sector?

Before advertising, a decision must be made as to whether the position is for a permanent or fixed-term role.

If you are considering making a role fixed term, please read our article on fixed term employment agreements.

Before advertising, it’s also important to prepare a job description for the role. Hence, applicants can determine the role’s requirements and pay rate (when applicable).

(Use our job description templates linked at the end of this article).

When your advertisement goes live, applicants should be directed to a standardised application form to complete alongside providing their CV.

(Use our job application templates linked at the end of this article).

This helps the school meet its safety checking and due diligence obligations.

While advertising, you must not make an offer of appointment (interim or otherwise) before advertising has closed to meet the requirements of the applicable Collective Agreement.

What are the legal considerations when advertising?

Section 12open_in_new of the Fair Trading Act 1986 covers advertising of employment.

When advertising, a school cannot use language or engage in conduct that is misleading or deceptive (or likely to be so) about anything to do with the vacancy.

Also applicable is the Human Rights Act 1993open_in_new, especially section 67open_in_new.

Ensure that your advertisement does not include content that states the school will (or gives the impression that the school intends to) treat applicants differently because of any of the prohibited grounds of discrimination in section 21open_in_new of the Human Rights Act.

You should also avoid gendered terms (such as Groundsman or Canteen Lady). This is because section 67(2)open_in_new of the Human Rights Act 1993 states that descriptions with gendered descriptions are assumed to show intention to discriminate (unless the advertisement contains an indication to the contrary).

Job descriptions

A job description helps a candidate understand:

• Where their role fits within the school and who they will be working with

• The purpose of their role

• What will be expected of them, and what their duties will be

• What skills your school wants to be brought to the role

• What the values of your school are.

(Use our job description templates linked at the end of this article).

We also recommend using these helpful resources as you prepare your job descriptions:

• Employment New Zealand – Describing the Jobopen_in_new

• Careers New Zealand – Example Job Descriptionopen_in_new

Given the roles individual employees play in the health and safety of workplaces, remember to include health and safety duties.

What are the advertisement requirements?

Let’s look at what advertisement requirements apply to the various positions within your school.

Primary teachers

Clause 2.2.1 of the Primary Teachers’ Collective Agreementopen_in_new states that positions of one year or more must be advertised nationally.

This will usually be in the Education Gazette, but can also be via online job-search websites, newspapers, or other forms of media that may reach suitable candidates.

We recommend that an advertisement be open for at least 14 days to ensure suitable candidates have enough time to apply.

It is best practice to advertise positions of less than one year nationally, or at least in such a way that will reach suitable candidates.

These vacancies should also be advertised for at least 14 days.

Secondary teachers

Clause 3.2.2 of the Secondary Teachers’ Collective Agreementopen_in_new requires that the following positions be advertised in the Education Gazette for at least 14 days:

• Permanent full-time positions

• Permanent part-time positions

• Long-term relieving positions of more than one term

• Fixed-term full-time positions of more than one term

• Permanent Kāhui Ako within-school positions.

This Education Gazette advertisement can be supplemented by other methods, such as job-search websites, newspapers, or other forms of media that may reach suitable candidates.

It is good practice to advertise positions of less than one term nationally, or at least in such a way that will reach suitable candidates.

These vacancies should also be advertised for at least 14 days.

Fixed-term Kāhui Ako roles do not need to be advertised nationally but need to be advertised:

• Within the Kāhui Ako, for across-school positions

• Within the school, for within school fixed term roles. 

Area school teachers

Clause 2.2.2 of the Area School Teachers’ Collective Agreementopen_in_new requires that the following positions be advertised in the Education Gazette for at least 14 days:

• Permanent full-time positions

• Permanent part-time positions

• Long-term relieving positions of more than one term

• Fixed-term positions of more than one term

• Permanent Kāhui Ako within-school positions.

This Education Gazette advertisement can be supplemented by other methods, such as job-search websites, newspapers, or other forms of media that may reach suitable candidates.

It is good practice to advertise positions of less than one term nationally, or at least in such a way that will reach suitable candidates.

These vacancies should also be advertised for at least 14 days.
Fixed-term Kāhui Ako roles do not need to be advertised nationally but need to be advertised:

• Within the Kāhui Ako, for across-school positions

• Within the school, for within school fixed term roles.

Support staff and teacher aides

Clause 2.2.1 of the Support Staff in Schools’ Collective Agreementopen_in_new requires any vacant permanent position to be advertised wherever practicable in such a way that enables suitably qualified persons to apply for the position.

This could be through social media, school newsletters, job-search websites, or local newspapers.

Fixed-term vacancies should be advertised in the same way.

We recommend that an advertisement be open for at least 14 days to ensure suitable candidates have enough time to apply.

Caretakers, cleaners, ground staff, and canteen workers

It is best practice that any vacant position should be, wherever practicable, advertised in such a way that enables suitably qualified persons to apply for the position.

This could be through social media, school newsletters, job-search websites, or local newspapers.

We recommend that an advertisement be open for at least 14 days to ensure suitable candidates have enough time to apply.

Kaiārahi i te Reo, therapists, ATSSD, and special education assistants

It is best practice that any vacant position should be, wherever practicable, advertised in such a way that enables suitably qualified persons to apply for the position.

This could be through social media, school newsletters, job-search websites, or local newspapers.

We recommend that an advertisement be open for at least 14 days to ensure suitable candidates have enough time to apply.

Units and middle management allowances when there is no “external vacancy”

When a unit (or Middle Management Allowance) is being allocated to an existing employee, and there is no vacancy attached to that unit (such as when a Team Leader relinquishes the unit but remains on staff as a teacher), the school does not need to advertise externally.

Advertising of the roles and responsibilities attached to the unit should be done internally but in accordance with the following:

• Primary – the school’s unit allocation policy

• Secondary – clause 4.3 of the Secondary Teachers’ Collective Agreementopen_in_new

• Area Schools – clause 3.4 of the Area School Teachers’ Collective Agreementopen_in_new.

Teaching staff entering job-share or reducing hours to be part-time

Clause 2.2.6 of the Primary Teachers’ Collective Agreementopen_in_new, clause 3.2.4 of the Secondary Teachers’ Collective Agreementopen_in_new, and clause 2.2.3 of the Area School Teachers’ Collective Agreementopen_in_new, respectively, allow a school to put a job share arrangement into place without advertising a vacancy.

For other aspects of job-sharing, please read our article on job-sharing provisions.

Additionally, in Secondary and Area Schools, no advertising is required when a teacher transitions from a permanent full-time role to a permanent part-time role (as per clause 3.2.2 of the Secondary Teachers’ Collective Agreementopen_in_new and clause 2.2.2 of the Area School Teachers’ Collective Agreementopen_in_new, respectively).

How can you attract more candidates?

Here are some ways to attract the best candidates for your vacant position (and minimise the chances of not-so-suitable candidates applying):

• Ensure your website is up-to-date and attractive – many applicants will look here first when deciding whether to apply.

• Make your advertisement interesting – highlight why your school and community are great places to work and live.

• Advertise widely – in your local paper and on online platforms such as Seek, Trade Me, Facebook, and LinkedIn.

• Try something different – get your ākonga to record a video clip advertising for a principal or teacher and publish it online.

• Write a feature article on a new school initiative or a departing employee and advertise your vacancy at the same time.

• Look to your own staff – a suitable candidate might be waiting, or they may know someone you are unaware of.

• Make career and succession planning with current staff an active, everyday part of your school culture.

• Use your contacts – reach out through your own network and ask for referrals to others.

• Talk with nearby schools, other principals in your network, or Kāhui Ako.

• Cast your net wide – former students and staff, retired teachers, relievers, those on a fixed term contract, or part-timers looking to move to full-time.

• Consider teachers returning from positions overseas – access the Overseas Teacher Recruitmentopen_in_new support on the Ministry of Education’s website.

• Work with tertiary providers – advertise your vacancy with faculty placement or career teams.

If you haven’t found a suitable candidate, what is next?

We caution against making a substandard appointment (following advertising and robust reference checking) and recommend that you continue your search.

Review the processes you have followed to date, identify how these could be improved, and then advertise again.

If you cannot find a suitable teacher, you could consider appointing someone with Limited Authority to Teach (LAT) on a fixed-term basis.

If you cannot find a suitable applicant for a principal position, you may be able to access our Emergency Staffing Schemeopen_in_new for an Acting Principal in the interim.

Note: To access this scheme, a school must show it has made significant efforts to find a suitably qualified acting principal (but has been unable to do so).

Questions a principal could ask

• What should I refer to when making decisions around advertising?

• When do vacancies in my school need to be advertised nationally?

• How long should I advertise a vacancy?

• What do I refer to when allocating a unit internally?

• What should I be aware of with Kāhui Ako (Community of Learning) roles?

• What do I need to have ready before advertising a vacancy?

• What do I need to know if there are potential internal applicants?

Templates, resources, and references

Click on the link(s) below to access this topic’s templates, resources, and references.

Depending on your device, these may download or open in a separate browser.

Links from us

• Fixed term employment agreements

• Job-sharing provisions

• Limited Authority to Teach (LAT)

• Emergency Staffing Schemeopen_in_new

• Teaching positions – Job Application templateopen_in_new and cover sheetopen_in_new

• Non-teaching positions – Job Application templateopen_in_new

• Teacher Application Formopen_in_new

• Cover Sheet Teacher Application Formopen_in_new

• JD Assistant or Deputy Principalopen_in_new

• JD Caretakeropen_in_new

• JD Cleaneropen_in_new

• JD Head of Departmentopen_in_new

• JD Principalopen_in_new

• JD Support Staffopen_in_new

• JD Speech Language Therapistopen_in_new

• JD Teacheropen_in_new

• JD Teacher Aideopen_in_new

• JD Team Leaderopen_in_new

• JD Therapistsopen_in_new

The Ministry of Education 

Overseas Teacher Recruitmentopen_in_new

Employment New Zealand

• Describing the Job

Careers New Zealand

• Example Job Description

Education and Training Act 2020

• Section 603 – Appointments on merit

Fair Trading Act 1986

• Section 12 – Misleading conduct in relation to employment

Human Rights Act 1993

• Section 21 – Prohibited grounds of discriminationopen_in_new

• Section 67 – Advertisementsopen_in_new

Public Service Act 2020

• Public Service Act 2020open_in_new

• Schedule 8, clause 1 – Obligation to notify vacanciesopen_in_new

Collective Agreements

• Primary Teachers’ Collective Agreementopen_in_new

  • Clause 2.2.1 – Advertising Positions

  • Clause 2.2.6 – Job Sharing

• Secondary Teachers’ Collective Agreementopen_in_new

  • Clause 3.2.2 – Advertising and Appointment

  • Clause 3.2.4 – Job sharing arrangements

  • Clause 4.3 – Units

• Area School Teachers’ Collective Agreement

  • Clause 2.2.2 – Advertising and Appointments

  • Clause 2.2.3 – Job sharing appointments

  • Clause 3.4 – Units

• Support Staff in Schools’ Collective Agreementopen_in_new

  • Clause 2.2.1 – Appointments