Paparoa Street School
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Under the Education and Training Act 2020, kaiako and authorised kaimahi can only undertake searches if they have reasonable grounds to suspect an ākonga possesses a harmful item (i.e. an item that poses an immediate threat to the physical or emotional safety of any person).
At Paparoa Street School, the tumuaki, all teaching kaimahi, and authorised kaimahi can conduct searches.
A search is not mandatory. Paparoa Street School may manage the issue through the behaviour management strategies including stand-downs and suspensions.
Limits on searches
The person conducting the search must give the ākonga the opportunity to surrender or reveal the item before a search is conducted. Any searches conducted are carried out in a fair and safe way that protects the privacy and dignity of the ākonga, respects their culture, and learning support or other behavioural support needs. Ākonga have the right not to be subjected to an unreasonable search under the New Zealand Bill of Rights Act 1990.
Kaiako and authorised kaimahi cannot search a group of ākonga unless the kaimahi has reasonable grounds to suspect each individual ākonga has a harmful item. Kaimahi cannot conduct a blanket search of ākonga.
If the ākonga denies possession of the item or refuses to surrender or reveal it there may be grounds for a search. Kaimahi can only request ākonga remove outer clothing and cannot search clothing that an ākonga is still wearing or search their body. If the ākonga refuses to cooperate, the search is abandoned. We use our behaviour management strategies and may contact the parents/caregivers, and/or police.
We notify the police if a serious criminal offence has been committed, or if we suspect on good information that it will be committed, and if drugs or weapons are involved. If highly dangerous or illegal items are suspected, we contact the police and keep the ākonga and the belongings in a safe place under supervision until the police arrive. Police do not search on behalf of the kura; if they have grounds for a search, they follow their own procedures.
Kaiako and authorised kaimahi may not search the content of personal digital devices.
Contractors cannot search individual ākonga. A contractor may be hired to bring a trained search dog to kura but can only search kura property.
Conducting a search
A search may involve requesting that the ākonga empties their pockets, removes outer items of clothing, has their bags searched, and shares "correspondence" such as a diary. Kura kaimahi are entitled to search kura property at any time for any reason including desks, lockers, and other storage areas.
Kaiako and authorised kaimahi conducting a search:
Records of searches
We keep a written record of all searches. The record includes the date, name of ākonga, name of the authorised person who conducted the search, and an explanation if any of the practicable requirements could not be met (e.g. searches conducted by a person of the same gender, having a second kaimahi present, the presence of ākonga, or other relevant details). We also keep the details of any item/device retained for two or more school nights.
The records are kept for a minimum period of seven years, the statute of limitations period for civil matters. See Kura Records Retention and Disposal.
