Assessing and Responding to Concerns and Complaints
At Paparoa Street School, we act to understand and resolve concerns and complaints in a timely, respectful, and fair manner. We use the procedures below to assess matters brought to our attention and decide what response is appropriate according to the nature and seriousness of the concern or complaint, and who is involved. For serious concerns (e.g. physical or sexual violence), we may need to involve external agencies such as the Ministry of Education, police, or Oranga Tamariki. Our decision-making complies with legislation, regulations, employment agreements, and kura policies.
Receiving a concern or complaint
As anyone at the kura may receive a concern or complaint, all kaimahi are informed about our Concerns and Complaints Policy and associated procedures.
- The person who receives a verbal or written concern or complaint may refer it to another kaimahi and/or escalate it to a more senior kaimahi, the tumuaki, and/or the poari matua. Serious and sensitive matters (e.g. misconduct, safety concerns) are immediately escalated to the tumuaki and/or poari matua as appropriate.
- If a concern or complaint is raised verbally, the person who receives the information may make a written record. We may also request that the matter be put in writing if it cannot be resolved at the time through discussion.
- If a concern or complaint is received in writing, the kura acknowledges that it has been received.
When we receive a concern or complaint we:
- determine roles and responsibilities, including:
- who will oversee the kura response
- who will contact those involved
- who the decision-makers will be and the level of
poari matua involvementThe level of board involvement depends on the nature of the complaint and existing delegations. If the matter is potentially serious or sensitive (e.g. it may lead to a formal investigation and/or disciplinary action against a kaimahi), it may be referred to the poari matua for consideration during public-excluded parts of the board meeting (also known as "in committee"). In such situations, the poari matua may resolve to delegate a decision about the outcome of the matter to the tumuaki, a poari matua member, or poari matua committee.
- how to manage a conflict of interest (including identifying anyone with a conflict and excluding them from any investigation or decision-making process)
- if external agencies need to be consulted or informed (e.g. legal advisors, insurance provider, NZSBA, WorkSafe, Employment Mediation Services, Oranga Tamariki, police)
- seek information from the person who raised the concern or complaint
- seek information from others, including any person who is the subject of a concern or complaint
- consider if the matter needs to be managed alongside other kura policies (e.g. finance, health and safety, employment, behaviour)
- take cultural considerations into account (e.g. tikanga and kawa).
The kura notifies the person who raised the concern or complaint about how we plan to manage it and takes steps to resolve the matter. Due to privacy and confidentiality requirements, there are likely to be restrictions on the information the kura can share.
Paparoa Street School considers all reasonable and legitimate concerns and complaints in good faith. However, in some circumstances the tumuaki and/or poari matua may determine that it is inappropriate to take any further action. In these circumstances, this is communicated to the person who raised the concern or complaint. If required, the kura may seek legal advice or involve an external agency or mediator to help resolve the matter.
The principal and/or board may determine it is inappropriate to take action when:
- the concern or complaint:
- lacks substance or evidence (e.g. trivial or frivolous)
- has previously been dealt with
- aims to harass, harm, or intentionally disrupt or divert resources (i.e. vexatious)
- is anonymous
- the person raising the concern or complaint:
- continues to pursue a matter after it has been considered and deemed resolved by the kura
- makes unreasonable demands
- is uncooperative (e.g. refuses to define the matter)
- fails to provide evidence or provides excessive/irrelevant information
- displays aggressive, threatening, or manipulative behaviour
- fails to follow kura policies and procedures.
Managing the concern or complaint
We manage the matter according to the nature and seriousness of the concern or complaint. For how we manage the matter according to who is involved, click on the headings in the bullet points below.
Matters involving ākonga
To manage a concern or complaint involving ākonga, we may:
- meet with ākonga to discuss the matter
- mediate between ākonga
- contact and meet with parents/guardians and caregivers
- manage the matter through other appropriate policies, such as:
- take another action that is appropriate in the circumstances
- decide to take no further action.
If it is necessary and there are reasonable grounds, we follow our policy for Stand-down, Suspension, and Exclusion.
Matters involving kaimahi
We observe relevant employment agreement provisions for dealing with concerns or complaints about kaimahi (including the tumuaki), including protecting their dignity and mana, advising them of their right to seek support and representation, advising them in writing of the specific matter(s) causing concern, and giving them a reasonable opportunity to provide an explanation.
If our initial assessment of a concern or complaint involving a kaimahi determines that a formal investigation is necessary (or likely to be necessary), we may consult with NZSBA and/or seek legal advice. We investigate the matter according to New Zealand employment guidelines – for example, see Investigations 
(Employment New Zealand).
To manage a concern or complaint involving kaimahi (including the tumuaki), we may:
- meet informally with the kaimahi involved
- arrange hui with those involved to seek to resolve the matter (e.g. facilitated hui, mediation)
- initiate a formal employment process and/or an appropriate level of investigation for a potential disciplinary or competency-based process
- manage the concern through other appropriate policies, such as:
- take another action that is appropriate in the circumstances
- decide to take no further action.
We comply with any reporting requirements, including mandatory Teaching Council reporting. See Conduct concerns (Teaching Council of Aotearoa New Zealand).
Matters involving poari matua members
To manage a concern or complaint involving poari matua members, the person managing the concern or complaint may:
- discuss the concern with the poari matua member
- reinforce mandatory code of conduct requirements – see Poari Matua Responsibilities
- apply sanctions, including:
- censuring a poari matua member by poari matua resolution and recording this in the poari matua minutes
- requesting in writing that the Minister of Education remove them from the poari matua for significant or persistent breaches of the code
- take another action that is appropriate in the circumstances
- decide not to take any further action.
See If a board member fails to comply with the code (Ministry of Education).
These sanctions don't apply to the tumuaki. Matters involving the tumuaki are managed through our procedures for matters involving kaimahi.
Matters involving other members of the kura community
To manage a concern or complaint involving members of the kura community, we may:
- meet with the person who raised the matter
- arrange a hui or mediation (this may be facilitated by a third party)
- reinforce community conduct expectations – see Kura Community Conduct Expectations
- notify the person who is the subject of the concern or complaint of any actions required to resolve the matter, and the possible outcomes of not completing these
- manage the concern through other appropriate policies (e.g. Smokefree and Vapefree)
- issue a trespass notice – see Trespasser or Attacker on Kura Grounds
- seek a restraining order
- take another action that is appropriate in the circumstances
- decide not to take any further action.
In some instances, it may be appropriate to refer behaviour to a third party for resolution (e.g. if unacceptable behaviour occurs at a sports event or sports venue, then it may be appropriate to involve the governing body of that sport, event, or venue).
Sensitive claims
Sensitive claims relate to mistreatment, neglect, or physical, sexual, or psychological abuse.
All sensitive claims raised with the kura are managed by the poari matua, who may need to refer the matter to the police or other agencies, consult NZSBA, and/or seek legal advice as needed.
We seek to minimise further harm to those raising sensitive claims, and encourage claimants to involve a support person.
To manage a sensitive claim, the poari matua (or its delegated committee) may:
- refer the person who raised the claim to the Ministry of Education if it meets the sensitive claim criteria for lodging with the Ministry (i.e. the abuse occurred in a primary or specialist kura prior to 1989 and has harmed them in some way)
- request further information from the person who raised the claim (e.g. names of people involved, dates and location of events)
- refer the person to the police or another appropriate agency
- review and collate relevant information held at the kura and request information from Ministry records (if relevant)
- engage an independent assessor (e.g. to conduct interviews or an investigation)
- consider whether a mandatory report to the Teaching Council is required
- take another action that is appropriate in the circumstances.
The kura establishes how the person who raised the claim would like it to be addressed by the kura. We ask for consent before sharing information with external agencies if required as part of any investigation. At the conclusion of any investigation, the poari matua decides on any actions in consultation with the person who made the claim (e.g. an apology). As part of any investigation into a sensitive claim, we consider how we can prevent further harm from occurring at our kura.
Other matters
To resolve matters that do not fit into the above categories (e.g. a concern about our kura procedures or someone who is not part of our kura community), we may:
- meet with the person who raised the concern or complaint
- notify the person/organisation that is the subject of a concern or complaint (e.g. another kura, a contractor or external provider)
- investigate the matter
- take any other appropriate action relevant to the circumstances, at the sole discretion of the kura
- decide to take no further action.
Closing the concern or complaint
After assessing and responding to the matter, we consider the concern or complaint closed. Subject to privacy, confidentiality, and other considerations, it may or may not be possible or appropriate for the kura to advise the person who raised a concern or complaint of the actions taken to address the matter, but they will be notified when the matter is closed. The kura implements any follow-up actions, including updating policies and procedures to prevent further matters of the same kind.
If a person feels their concern or complaint has not been resolved after receiving a response, they may escalate the matter to the tumuaki or poari matua. After the poari matua has dealt with a matter there is no further avenue for consideration of the matter at the kura. Individuals can consider contacting an external agency (e.g. Ministry of Education, Teaching Council, Privacy Commissioner, Ombudsman, or Human Rights Commission). Kaimahi may also wish to consider whether they have grounds to raise a personal grievance. See Personal Grievance.
Related policies
Legislation
- Employment Relations Act 2000
- Health and Safety at Work Act 2015
- Teaching Council Rules 2016
- Privacy Act 2020
- Education (School Boards) Regulations 2020
Resources
Hei mihi | Acknowledgement
SchoolDocs appreciates the professional advice of the Anderson Lloyd legal team (Dunedin) in reviewing our Concerns and Complaints policy and procedures.
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: Term 1 2025, Term 2 2024
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