Legal Support Fund

Background

The SPANZ Legal Support Fund has been in operation for principals for over 25 years, providing initial legal advice and support to principals through HarrisonStone Law and Richard Harrison (the SPANZ Lawyers).

Over the years the fund has broadened in scope.  It was initially established to provide support in dealing with matters associated with principals’ employment and relationship issues with the Board. From this initial scope, support through the fund has grown and expanded into everyday school issues – managing staff, student discipline, parent complaints, health and safety, media inquiries.

The fund can now be accessed by principals for initial advice and assistance in all aspects of their day-to-day management of the school, as well as for professional support that is required by a principal in respect of their own employment.  These 2 aspects of the SPANZ Legal Support Fund – School Assistance and Professional Assistance - are detailed below.

School Assistance - Initial advice for day-to-day management issues

School assistance covers initial legal advice and support for the principal in dealing with day-to-day school management and operational issues on behalf of the school.  Principals can directly contact Gretchen, Richard or Jack by email or telephone, and receive initial support and guidance in relation to any legal issues that has arisen. 

There is no charge for the initial advice, but charges will apply if additional work is requested, such as reviewing or drafting documents, or providing a written opinion. Principals will be advised if the advice being sought is over and above initial advice, and will have the option on whether or not to proceed.

The cover provided for school assistance allows principals (or Board members through their principal) to obtain initial legal advice in dealing with issues such as:

• Student disciplinary matters including stand-down and suspension;

• Staffing issues including employment, competency, breach of discipline and complaints;

• Parent concerns and complaints;

• Privacy, Official Information, and Human Rights matters;

• Health and Safety;

• Responding to the media following a school incident;

• Mandatory reporting and Teaching Council issues.

Professional Assistance

Professional assistance provides support with issues that may affect the principal’s employment or relationship with the Board. This includes disciplinary or competency matters raised by the Board, concerns or complaints made in respect of the principal, and interaction with the Teaching Council and Ministry of Education.

As with the school assistance, principals have access to initial advice for professional assistance matters at no cost. If additional legal support is required for professional matters, such as where there is a complete breakdown in the relationship with the Board, the principal will be required to pay the first $1,500 (plus GST) after which the SPANZ Legal Fund will cover the principal for up to $10,000 (plus GST) of legal costs incurred with SPANZ Lawyers. This arrangement is managed by the SPANZ Lawyers, who will keep the principal informed when charges will apply.

SPANZ Lawyers will advise SPANZ of the broad nature of the principal’s issues when a claim is made for Professional Assistance but will otherwise maintain your privacy and confidentiality. Note that professional assistance will provide you with legal support and representation as outlined above, but it is not personal liability insurance for principals.

SPANZ Lawyers

HarrisonStone’s philosophy is to provide practical and pragmatic advice wherever possible, so that our client’s legal issues can be resolved in the most efficient manner possible.  As employment and education specialists HarrisonStone is well placed to ensure that it is up to date with Education & Training Act and Employment Relations Act changes, Teaching Council requirements, school compliance obligations, and case law developments that can impact on New Zealand schools.

Harrison Stone has acted as the legal advisors for SPANZ for more than 25 years, and has developed significant expertise and practical experience in the issues that schools face in New Zealand.  Both Richard and Gretchen frequently present at national Education Law Conferences and have written numerous papers on all aspects of employment and education law.  Gretchen is also the Honorary Solicitor for Auckland Primary Principals’ Association, and has served as a Board member for various schools since 2010.  Richard has represented principals and boards in the leading judicial review and employment law cases within the education context.  Richard recently moved to Northland and is now working on a more part time basis, and operates as a sole practitioner.  Jack recently joined HarrisonStone, and since being admitted as a barrister and solicitor in 2021, has had a broad range of commercial and property law experience in Hawke’s Bay and Sydney.