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Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of obligations other than young person or young parent obligations - Special cases: variations on ordinary sanctions rules

243: Exclusion of sanction if failure is subject of prosecution under Education and Training Act 2020

You could also call this:

“No MSD punishment if you're in court for your child not going to school”

If you have a child between 6 and 15 years old who doesn’t go to school, you might get in trouble. However, the Ministry of Social Development (MSD) won’t punish you if you’re already being taken to court for not sending your child to school. This rule applies when:

  1. You’re being prosecuted (taken to court) for not sending your child to a registered school.
  2. The court case hasn’t been dropped and is still going on.

This means you won’t be punished twice for the same thing - once by MSD and once by the court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783643.

Topics:
Education and learning > School education
Family and relationships > Children and parenting
Government and voting > Government departments
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Part 5 Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Special cases: variations on ordinary sanctions rules

243Exclusion of sanction if failure is subject of prosecution under Education and Training Act 2020

  1. MSD must not impose a sanction for a person’s failure to comply with the obligation under section 133(1) (which relates to the attendance of a dependent child aged 6 to 15 years at a registered school) if—

  2. the failure is the subject of a prosecution against P for an offence under section 243(1) or 244(1) of the Education and Training Act 2020, as the case may be; and
    1. the prosecution has not been withdrawn before being finally resolved.

      Compare
      Notes
      • Section 243 heading: amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
      • Section 243(a): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).