1.      The parties to this memorandum of understanding are the New Zealand School Trustees Association (NZSTA) and the Department of Internal Affairs (DIA).

 

 

2.      For the purpose of this memorandum of understanding:

 

Areas of common interest means the protection of children from censorship offenders.

 

Senior management means within NZSTA, the Manager, Service Delivery and within DIA, the Director, Gaming and Censorship Regulation.

 

Boards means Boards of Trustees established under the Education Act 1989, and includes the principal of a school.

 

Censorship offence means any offence under sections 123, 124, 127, 129 and 131 of the Films, Videos and Publications Classification Act 1993. Typically these offences relate to possessing, distributing, exhibiting or making objectionable material involving the sexual abuse of children. 

 

 

3.      The purpose of this memorandum of understanding is to promote cooperation and coordination between the parties to better ensure the safety of children in schools.

 

4.      This memorandum contains guiding principles on cooperation and coordination between the parties and shall be signed by the President on behalf of NZSTA and by the Director,Gaming and Censorship Regulation on behalf of the DIA.

 

5.      This memorandum may include a schedule of attached annexes, and if so, that shall detail the relationship between the parties on specific areas of common interest. Each annex shall be:

 

Ø      Listed in the schedule to the memorandum;

Ø      Regarded as part of the main document;

Ø      Read subject to the provisions of this memorandum.

 

6.      This memorandum may be amended from time to time by adding, amending or removing an annex from the schedule.

 

7.      Annexes to this memorandum may be negotiated and agreed to by senior management.


 

 

 

8.      The Government expects that DIA will protect the public from injury caused by objectionable material. It funds censorship compliance outputs from the DIA for this purpose. The Films, Videos, and Publications Classification Act 1993 establishes Inspectors of Publications within the Department as the principal enforcers of censorship law.

 

9.      The Government requires that Boards of Trustees be responsible for providing safe physical and emotional environments for the children and young persons in their care. Sections 15 and 16 of the Health and Safety in Employment Act requires employers to take all practical steps to ensure that no action or inaction of any employee harms any other person in the place of work, and that persons in the place of work are not exposed to situations that may adversely affect their health or safety.  

10. The NZSTA wishes to ensure that effective mechanisms are in place to ensure appropriate information and assistance is made available to Boards of Trustees in situations where students are placed at potential risk.

 

11. This memorandum recognises that Boards and DIA both wish to protect children from harm. The memorandum builds on shared aim and sets out ways to respond to threats to child safety from those who commit censorship offences.

 

12. This memorandum further recognises:

 

Ø      The role of Boards as employers and governance bodies within schools;

Ø      The role of DIA as the principal censorship enforcement agency;

Ø      The importance of cooperating and sharing information at the earliest possible instance to protect children.

 

 

 

13. The parties agree that DIA, where practicable, will share information with Boards in order to protect children from harm.

 

14. Disclosure by one party to the other of personal information shall be lawful where this complies with the terms of the Privacy Act 1993. Principally, disclosure shall be lawful where this is to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences. The DIA recognises that sharing of information by NZSTA is limited to the extent of confidentiality undertakings and expectations which exist between the Association and its member boards of trustees. 

 

15. In any case where a school staff member (including a principal, teacher, support staff member or contractor), student or Board member is suspected of having committed censorship offences at a school DIA will alert the appropriate person (set out in Table 1 below) to the offending at the earliest opportunity.

 

16. In any case where a school staff member (including a principal, teacher, support staff member, contractor) or Board member is suspected of having committed censorship offences in an environment other than a school DIA will contact the Board to seek agreement to search the school computers for evidence of offending at school. 

 

Table 1 sets out the appropriate person to contact regarding the censorship offending.

 

 

17. Reporting will be through telephone (or face-to-face) contact followed by a letter.

 

18. In any case where a Board suspects a person (board member, staff member, student, contractor, parent) of committing censorship offences at school, the Board will be advised to alert DIA or the Police at the earliest opportunity and follow the guidelines for preserving forensic evidence contained in the Internet Safety Group’s 2003 Netsafe Kit for Schools.

 

 

19. The parties shall, where practicable, consult and cooperate on areas of common interest.

 

20. The parties shall, whenever practicable, consult prior to making public comment on areas of common interest. Where appropriate, joint positions should be developed.

 

 

21. The parties shall, as far as practicable, seek to standardise policy and procedures affecting areas of common interest, bearing in mind the different focus of each party, and having regard to the confidentiality understandings and undertakings that exist between the NZSTA and its member boards.

 

  

 

22. The contact person for this memorandum shall be:

 

Manager, Service Delivery

 

National Manager Censorship Compliance

 

23. Where appropriate the annexes to the memorandum may identify points of contact between the parties on specific areas of common interest.

 

 

24. This memorandum:

 

Ø      Shall come into effect on the day that it is signed and remain in effect unless otherwise notified and agreed to by the parties;

Ø      May be reviewed and subsequently amended as may be agreed by the parties;

Ø      May be terminated at any time, one month after notice in writing by either party.

 

 

25. The parties will attempt in good faith to negotiate to resolve any disputes arising out of or in relation to this memorandum.

 

 

 

Signed in Wellington this ………. day of ………………………………….. 2004

 

 

  

………………………………………… …………………………………………

Chris Haines                                                Keith Manch

President, School Trustees Association       Director, Gaming and Censorship Regulation