Casual vacancy for a parent representative
He tūranga wātea pokerehū mō tētahi kanohi o ngā mātuaopen_in_new
When a parent representative leaves the board for any reason, it creates a “casual vacancy” for their position.
Our casual vacancy of elected board member flowchartopen_in_new provides an overview of the process your board must follow to manage a vacancy. open_in_new
Schedule 23 of the Education and Training Act 2020open_in_new contains the provisions relating to this, but we're unpacking it here in simpler language.
How does a casual vacancy happen?
A casual vacancy occurs when an elected board member:
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Resigns in writing to the board (this might be for any number of reasons, such as moving overseas)
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Dies or is incapacitated
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Is no longer eligible to be a board memberopen_in_new
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Misses three board meetings in a row without the board approving "prior leave".
A casual vacancy can also occur if:
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After an election or by-election, there are fewer nominations than the number of positions available.
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Your board increases its number of parent representative positions by altering its constitution.
Does a casual vacancy have to be filled?
Yes.
Your board must always have the number of parent representatives required by its constitution.
Note: Requirements to fill vacancies are different in a triennial election year. If a vacancy arises, please contact our Advisory and Support Centre team. We can provide advice for your individual circumstances.
When can't you fill the casual vacancy by selection?
There are some circumstances where your board can't use the selection option and must hold a by-election.
When the casual vacancy was created by changing your board's constitution.
If filling the position by selection will give you more selected than elected parent representatives.
This is because your board must retain a "more elected than selected balance", so the numbers can't be equal.
For more information, refer to our guide to board structure.
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If the community objects to your board filling the vacancy by selection.
How do you fill a casual vacancy by selection?
Once you've confirmed that you can fill the vacancy by selection, your board needs to pass a resolution to start the process.
You then have 14 days to notify your school and the wider community.
You can use our sample noticeopen_in_new to do this.
This used to be done in the local newspaper; nowadays, it is more common to send a bulk email to the community.
If, within 28 days of your notice, 10% or more of eligible voters on your school roll ask for a by-election instead, you will need to comply.
They must ask by writing to your board.
If less than 10% ask, you can proceed with selection.
Your board must select someone within six weeks of the 28-day notice ending.
There is no right or wrong way to run your selection process, but it's a good idea to try and replace the skills your board lost to the vacancy.
Some boards ask for expressions of interest and interview the candidates before deciding.
Others take a more informal "tap on the shoulder" approach.
Once they have completed the eligibility declaration formopen_in_new, your board passes a motion to select the person, and they take office immediately.
Now that there is no longer a vacancy, update your board member registeropen_in_new and complete the School Board Updatesopen_in_new form.
How do you fill a casual vacancy by by-election?
If you are holding a by-election to fill the casual vacancy, your board needs to set the by-election date and appoint a returning officer by passing a resolution.
When setting the election date, please note that the election process takes nine weeks (remember to take holidays into account).
You can use the election planner toolopen_in_new to input your board's chosen election date, and it will generate a timeline for all critical dates during the process.
Once appointed by your board, the returning officer should register on the School Board Electionsopen_in_new website and download the Elections handbookopen_in_new.
This handbook details the legislated timetable and election processes they must follow.
Be sure to give your returning officer a letter of appointment, setting out the election date, the number of vacancies to be filled, and their fee (if any).
Go to our School Board Elections websiteopen_in_new for everything you need to run your by-election.
Remember, the Ministry of Education can reimburse you for any actual and reasonable by-election costs – refer to their website for more information on school board elections fundingopen_in_new.
Once there is no longer a vacancy, update your board member registeropen_in_new and complete the School Board Updatesopen_in_new form.
After a voting election, the roll and voting papers should be taken to the district court.
Questions your board could ask
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Is the casual vacancy for a parent representative position?
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Can we fill the position by selection, or do we need to hold a by-election?
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Have we passed a resolution and recorded our decision?
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Do we understand our next steps from here?
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
School board elections website
Ministry of Education
Education and Training Act 2020