Staff recruitment and appointments

Under section 128open_in_new and section 129open_in_new of the Education and Training Act 2020, a board may appoint school staff and the principal.

It’s essential to appoint the best-suited person for the position through a process that is consistent, fair, robust, and meets good employer legislative requirements.

Keep reading to learn more.

Who does what when it comes to recruiting and appointing staff?

Refer to your board’s employment policies and delegations to see how this works in your school or kura.

For most staff appointments, the board usually delegates authority to the principal.

The principal may then delegate some of the recruitment and appointment duties to another school employee.

Any delegations must be made by board resolution and recorded in writing; this ensures that everyone understands their respective roles and responsibilities.

We recommend keeping a board delegations registeropen_in_new to record them all in one place.

Recruitment and appointment of the principal are the board’s responsibility and cannot be delegated.

If you need to appoint a principal, refer to the recruitment articles in Board as Employer of Principals, and contact us for advice and support.

What are the key stages of the recruitment and appointment process?

The recruitment and appointment process involves several activities, which can be grouped into the following key stages:

1. Planning and preparation

2. Advertising and shortlisting

3. Interviewing and safety checks

4. Decision-making and offer of employment

5. Onboarding and induction

There are also specific requirements in the Collective Agreementsopen_in_new that must be adhered to, including where roles are advertised and how long applications must remain open.

It is important that everyone involved is appropriately trained and carries out the process in line with board expectations and legal obligations.

If there is any doubt, contact us for support and guidance.

Boards must be assured that the correct process is followed, and that all recruitment safety checks and risk assessment processes are applied consistently.

Should we use recruitment and appointment panels?

Depending on the size and composition of your school, this may be worth considering.

Some boards choose to use recruitment and appointment panels for senior leadership roles.

For example, a deputy principal position may involve a three-person panel consisting of the principal, the presiding member, and another board member.

For a principal position, a five-person panel may carry out the recruitment process and make recommendations to the full board on the preferred candidate.

We recommend a minimum of three people on any recruitment and appointment panel.

Conflicts of Interest

A conflict of interest occurs when an individual’s personal interests – family, friendships, financial, or social factors – could compromise (or be seen to compromise) their judgment, decisions, or actions.

In the context of an appointment process, examples may include being related to a candidate or being an applicant for the role yourself.

In these situations, you are expected to declare the conflict, and may need to recuse (withdraw) yourself from the process.

This helps prevent challenges to the process or perceptions that it might have been “rigged” in some way.

We recommend maintaining a board conflicts of interest registeropen_in_new that records all actual and potential conflicts identified.

Please contact us if you are unsure whether you have a conflict and should recuse yourself.

The Human Rights Act 1993 and Employment

As an employer, it is unlawful for any board to refuse to employ, decide not to appoint, or offer less favourable terms of employment based on any of the prohibited grounds of discrimination set out in section 21open_in_new of the Human Rights Act 1993.

The questions asked, and the rationale used during the recruitment process, may be used as evidence of discrimination (or to infer discrimination) – even if it was unintended.

Questions that probe beyond a clear connection to a candidate’s ability to carry out the role they are interviewing for (including open-ended, general questions about their health) are generally not permissible.

To avoid issues, only ask questions and make decisions that clearly relate to a person’s suitability for the position (this includes both candidates and referees).

90-day trials

In December 2023, provisions in the Employment Relations Act 2000 related to 90-day trials were amended.

The existing collective agreements and individual employment agreements (IEAs) of education sector employees do not include provisions for the use of 90-day trials. open_in_new

Section 595(2)-(4)open_in_new of the Education and Training Act 2020 allows the Secretary for Education (under their delegation from the Public Service Commissioner) to set the individual terms of employees in the education sector, which means sections 61open_in_new and 63Aopen_in_new of the Employment Relations Act 2000 cannot be used to incorporate a 90-day trial.

This means that 90-day trials do not form a part of the employment agreements of education sector employees.

Questions your board could ask

• Do our current employment policies and delegations accurately reflect our recruitment and appointment processes?

• Do we maintain a board delegations register, and is it up to date?

• Is everyone involved in the process appropriately trained?

• Are we assured that the correct process is followed, and that all safety checks and risk assessment processes are applied consistently?

• Should we use recruitment and appointment panels for specific roles?

• Have we identified all actual and potential conflicts of interest and recorded them in a board conflicts of interest register?

• Do we understand our obligations under the Human Rights Act 1993?

• Do we know where to go for advice and guidance on recruitment and appointments?

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

• Board Delegations Registeropen_in_new

• Board Conflicts of Interest Registeropen_in_new

• Board as Employer of Principals

Ministry of Education

• Collective Agreementsopen_in_new

Education and Training Act 2020

• Section 128 – Staffopen_in_new

• Section 129 – Boards may appoint, suspend, and dismiss principalopen_in_new

• Section 525 – Actual conditions of employmentopen_in_new

Human Rights Act 1993

• Section 21 – Prohibited grounds of discriminationopen_in_new

Employment Relations Act 2000                                                                  

• Section 61 – Employee bound by applicable collective agreement may agree to additional terms and conditions of employmentopen_in_new

• Section 63A – Bargaining for individual employment agreement or individual terms and conditions in employment agreementopen_in_new