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A first-year teacher elbowed and slapped an 8-year-old student with behaviour challenges after the student threw yoghurt over her.
It was an action that landed the woman in the Teachers’ Disciplinary Tribunal, facing charges of serious misconduct for using excessive force on the child.
According to the agreed summary of facts tabled at a tribunal hearing earlier this year, the woman, who has name suppression, was in her … View moreIt was an action that landed the woman in the Teachers’ Disciplinary Tribunal, facing charges of serious misconduct for using excessive force on the child.
According to the agreed summary of facts tabled at a tribunal hearing earlier this year, the woman, who has name suppression, was in her first fulltime teaching role.
The tribunal’s decision, publicly released yesterday, stated that at lunchtime, several students had started throwing spoons at other children, and the teacher intervened, asking one boy to come with her.
He refused and held a yoghurt pot towards her, preparing to throw it. The teacher warned him not to, and said, “just you try”.
The boy threw it, and the yoghurt landed on the teacher.
She then raised her hand towards the student’s cheek, but did not make contact, before pulling him up by his hand and dragging him towards the principal’s office.
The student swore at her as she continued dragging him to the office.
Outside the reception, the student was agitated and tried to pull away, but was held firmly by the wrist, with the teacher “roughly” moving him around, according to the summary.
When the student tried to wriggle free, the teacher elbowed him in the side of the head. The student responded by striking the teacher in the face. She then let go of the boy’s wrist and slapped his face.
The student then ran into the office and dove under a desk, crying loudly, yelling and swearing at the teacher.
“Both were visibly distressed and covered in yoghurt,” the summary stated.
After the incident, the teacher told a senior colleague that she’d struck the student but had felt panicked, unsafe and scared for the other children.
She was a first-year teacher, had little training and support and was under personal and professional stress.
Closed-circuit television captured the yoghurt-throwing incident and the teacher raising her hand, but the events inside the principal’s office were not captured.
The school investigated in the weeks following the incident, and the teacher was issued a final written warning.
‘I’m truly sorry for any pain I caused’
In submissions to the tribunal, the teacher said she deeply regretted her actions and apologised to the student, as well as other children who witnessed the incident.
“I realise that my actions were hurtful, not right, and I’m truly sorry for any pain I caused,” she said.
“I am committed to reflecting on this and making sure I approach every child with the kindness, respect and understanding they deserve.”
The woman said she wasn’t aware the student had been diagnosed with attention deficit hyperactivity disorder (ADHD), that she lacked classroom experience, and felt that she had minimal mentor support or orientation in her first year.
The teacher’s legal representative from NZEI, Janette Brown, told the tribunal that her client accepted she’d failed to de-escalate the situation or seek help, and that she had misused force on a learner.
Since the incident, the teacher has gained more experience in the profession and is now working with children with challenging behaviours.
A complaints assessment committee of the Teachers Council laid charges of serious misconduct against the teacher, and said in submissions to the tribunal that any use of force by an educator must be proportional.
“In a similar vein, the CAC submits that striking and restraining a student is likely to bring the profession into disrepute, and that teachers are expected to self-regulate their frustration and anger when dealing with challenging behaviour by a student,” their submissions read.
The tribunal said that the legislation was clear that physical restraint could only be used to stop a student from causing imminent harm to themselves or others.
“The tribunal agrees that the respondent’s interactions with [the student] amount to serious misconduct,” the tribunal said.
“The tribunal considers that the respondent’s conduct was serious and demonstrated a poor and harmful response to difficult behaviour.”
The tribunal found the woman had used excessive force in restraining the child.
It censured her and ordered a note to be added to her registration and that she must disclose the tribunal’s decision to any future employer for one year.
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What’s an Enduring Power of Attorney?
An Enduring Power of Attorney (EPA) is a legal document outlining who you want to act on your behalf if you lose mental capacity and can no longer deal with your own affairs. This interview with solicitor Amanda Morgan explains how an EPA works in New Zealand.
Who sets up an EPA?
… View moreAn Enduring Power of Attorney (EPA) is a legal document outlining who you want to act on your behalf if you lose mental capacity and can no longer deal with your own affairs. This interview with solicitor Amanda Morgan explains how an EPA works in New Zealand.
Who sets up an EPA?
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The person setting up the EPA is called the donor, and the person they appoint is called their attorney. The attorney effectively steps into the donor’s shoes, and makes decisions and signs documents on their behalf.
Are there different types of EPAs?
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There are two types of EPA documents: one dealing with property which covers property that you own in your personal capacity – for example bank accounts, investments etc., and the other one deals with personal care and welfare matters – for example where you are to live and decisions relating to your medical care.
There’s a difference between the two in terms of when they can take effect. With personal care and welfare, the attorney’s appointment is activated if a medical professional certifies that the donor lacks capacity. With a property EPA, the donor can choose whether or not their attorney can act immediately, or only when they have lost capacity.
Can you define ‘mental incapacity’ for us?
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In respect of a personal care and welfare EPA, mental incapacity is defined by law as the donor lacking capacity to:
make a decision about a matter relating to his or her personal care and welfare; or
to understand the nature of decisions about matters relating to his or her personal care and welfare; or
to foresee the consequences of matters relating to his or her personal care or welfare, or any failure to make the decision; or
they may lack the capacity to communicate decisions relating to his or her personal care or welfare.
Who decides if you are mentally incapable?
A health practitioner or a family court. That could be a GP, a hospital registrar, or a geriatrician. Bear in mind that you can lose capacity at any age – for example a person may lose capacity due to a head injury caused by a car accident or dementia. I am 34 years old and have EPA’s in place to enable my husband (who I have appointed as my attorney) to deal with my property affairs if he needs to.
But your attorney doesn’t need to be a lawyer, do they?
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No – that’s just the title. Anyone over the age of 20, not bankrupt and who has mental capacity themselves can be an attorney. But remember, you’re giving the person or people that you are appointing very wide power to deal with your affairs, and that power can be abused. Appoint people that you know and trust. Likewise consider your family dynamics and, in the event you have appointed two or people to act together, that they will be able to work together.
With two EPA documents, does that mean two attorneys?
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Yes – however the attorneys may be the same for both property and personal care and welfare EPA’s or you may choose to appoint different people for each.
For personal care and welfare, you can only have one individual acting at one time. But you can oblige that person to consult with other people. For example, if I appoint my husband, I can say that he has to consult with my parents when making a decision. Decisions ultimately lie with the attorney, but at least other people are aware of what’s going on.
With a property EPA you can have as many people as you like – ie two or more people acting together at the same time or you can have a trustee corporation (for example Public Trust) Having more than one person appointed at the same time can be a good check and balance. However having too many attorneys appointed at the one time can cause practical difficulties in decisions being made.
Should your attorney be the same person for both?
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It’s entirely personal preference. Some people do, but some might decide that one of their children is more compassionate for personal care decisions, another more property savvy. There are no rights or wrongs, it’s who is best for the job.
I always suggest that people have a successor attorney in case their first-appointed attorney’s appointment comes to an end, which could happen if that person dies or becomes bankrupt, or loses capacity themselves, or if a family court revokes their appointment (for example if they were not acting in the attorney’s best interests). Then you’ll have a second or third in line to step up and take their place.
With a property EPA, if you have more than one attorney, you need to decide whether they have to act together all the time, or if they can act separately. If they are obliged to act jointly, and the appointment of one of them ceases, then the other cannot continue to act alone unless you’ve specifically allowed it.
What other options are there?
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In respect of property you can choose whether you wish your attorney to be able to be able to benefit themselves or other people – for example whether you want them to continue to purchase birthday and Christmas presents for certain people, or whether you wish for them to continue a gifting programme in respect of a family trust. You should consider this very carefully as this can open up the potential to be abused. At the very least it is advisable to put a limit on the amount that the attorney can benefit themselves or other people.
Another option is whether the donor wants the attorney to be able to sign a will on their behalf once they have lost capacity. If they decide no, the last will that the donor made when they had capacity cannot be changed once the attorney has lost capacity. However the attorney may wish to leave this possibility open (for example to allow for a change of circumstances) which allows the attorney to apply to the Family Court for consent to sign a a new will on their behalf. The decision as to whether this is allowed rests with the Family Court.
There are various other options and considerations that you should discuss carefully and thoroughly with the person who is preparing your EPA’s.
What happens if you become incapacitated and you don’t have an EPA?
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If something happens and you don’t have an EPA, you could, for example, have bills mounting up and no one able to access your bank account to pay them. In this situation someone needs to apply to the Family Court to become a property manager or personal care and welfare manager (or both) – and you might not end up with the person that you would have chosen. Also, it’s more costly.
What if you fall out with your attorney, or the relationship changes?
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That does happen. One common situation is when a husband and wife separate, or there’s a falling out with a child. Provided you have capacity you can update and change these documents as often as you like.
Who should you choose for the role?
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Again, it’s the best person for the job. In practice, a husband and wife often appoint each other. But you need to remember that they are going to age together, so it’s a really good idea to have a successor in place, often adult children, a sibling, or a friend.
But it really is about choosing the best person for the job, rather than keeping family happy. It is important that there is no undue influence or pressure coming from people who feel that they should be appointed as the attorney and that the donor is freely choosing the person they want.
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Hygiene concerns raised after mould found at Manukau Super Clinic
The mould was seen on a windowsill during an appointment at the Manukau Super Clinic earlier this week.
Health New Zealand said the area of the building was currently being fixed for water damage.
Samie, who didn’t want to give her surname, told the Herald she was in an appointment with her … View moreThe mould was seen on a windowsill during an appointment at the Manukau Super Clinic earlier this week.
Health New Zealand said the area of the building was currently being fixed for water damage.
Samie, who didn’t want to give her surname, told the Herald she was in an appointment with her partner in the orthopaedic area of the clinic when she noticed the suspected fungus.
She said they were in an area near where X-rays are conducted.
The couple were in the consultation room for just five minutes when she saw the growth.
“It’s just like mind-blowing. It makes me speechless,” she said.
“I realised about halfway through, and I’m going, is that a bug? Is that a cockroach? Like, what’s going on?
“It was one room and not even looking for mould,” she said.
Samie said she was highly concerned about it, especially because the clinic is a place patients expect to be spotless.
She said this suspected mould had an even larger impact on her because she had just recovered from stage four cancer.
“I’ve got to be pretty careful around bacteria and mould and all of that.
“It’s completely not good enough.
“In a place where you’re supposed to go to heal and feel safe and sanitary and all of that,” Samie said.
Health New Zealand Group Director of Operations Counties, Dr Vanessa Thornton, told the Herald that staff were resealing the exterior side of the window, which had water damage.
“We encourage people with any concerns about our facilities to report these to us so that issues can be addressed quickly by our hard-working facilities team,” Thornton said.
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Your favourite reads are on offer
Our best-selling Kiwi magazines are part of the Black Friday offers, with up to 40% off subscriptions to NZ Gardener, NZ House & Garden and TV Guide. Whether you’re after gardening tips, interior inspiration or the latest entertainment news, there’s a little something for everyone (and a … View moreOur best-selling Kiwi magazines are part of the Black Friday offers, with up to 40% off subscriptions to NZ Gardener, NZ House & Garden and TV Guide. Whether you’re after gardening tips, interior inspiration or the latest entertainment news, there’s a little something for everyone (and a handy way to get your gifting sorted without leaving home).
Poll: Can changing the way we shop actually make a difference? 💸💸💸
Shopping has become such a big part of our everyday lives, and the choices we make can influence more than we realise.
If you’d like to make those dollars work harder for our local communities, consider choosing small. Households spend more than $110 billion with big businesses each year. … View moreShopping has become such a big part of our everyday lives, and the choices we make can influence more than we realise.
If you’d like to make those dollars work harder for our local communities, consider choosing small. Households spend more than $110 billion with big businesses each year. Shifting a portion of that toward small, local retailers can make a huge difference for the wider small-business economy.
Read business journalist Aimee Shaw's piece.
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67% Yes - where you shop has impact
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33% No - price and quality is what matters
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Look out for hornets
There have been recent detections of yellow-legged hornets (Vespa velutina) in Auckland.
If you think you have found a hornet or its nest in your area, take a clear photo and report:
• online at report.mpi.govt.nz
• by calling our exotic pest and disease hotline on 0800 80 99 66
The… View moreThere have been recent detections of yellow-legged hornets (Vespa velutina) in Auckland.
If you think you have found a hornet or its nest in your area, take a clear photo and report:
• online at report.mpi.govt.nz
• by calling our exotic pest and disease hotline on 0800 80 99 66
The yellow-legged hornet has distinctive dark legs with bright yellow tips. Hornets are also much larger than honeybees and common wasp species seen in New Zealand.
The yellow-legged hornet is a biosecurity concern due to its potential impact on honeybee and wild bee populations.
Consumer confidence has lifted to its highest level since June, with more households expecting to be better off in a year.
The ANZ Roy Morgan Consumer Confidence Index lifted six points in November to just over 98.
However, a score below 100 indicates more pessimists than optimists.
“It’s good to see a decent lift in consumer confidence this month, though it is yet to break out of recent ranges,” ANZ chief … View moreThe ANZ Roy Morgan Consumer Confidence Index lifted six points in November to just over 98.
However, a score below 100 indicates more pessimists than optimists.
“It’s good to see a decent lift in consumer confidence this month, though it is yet to break out of recent ranges,” ANZ chief economist Sharon Zollner said.
“Although it’s early days in terms of the economic recovery, this is not the only indicator suggesting that things are looking up for consumers,” she said.
A net 21% of respondents expected to be better off this time next year, the highest level since April.
“Consumer arrears have been declining, employment has returned to modest growth, and retailers are reporting improved activity,” Zollner said.
ANZ said a net 9% thought it was a bad time to buy a major household item, suggesting ongoing caution.
Zollner said the “good time to buy” indicator has not been positive in more than four years.
“Consumers’ reluctance to spend in recent years has certainly been felt by the retail sector.”
Zollner noted falling consumer arrears, employment returning to modest growth and retailers reporting improved activity.
“Our card spending data shows a return to growth across a broad range of discretionary categories, though overall spending levels are still very subdued compared to the Covid-era boom.”
Zollner said aside from lower inflation, the slowdown also led to household debt relative to incomes back to where it was before the housing bubble.
“Now we’ve taken our medicine, the stars are aligning for better times ahead.”
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One week to go - Join us for the SPCA Hobsonville Open Day on Sunday, 7 December!
Come explore our newly renovated animal centre, enjoy behind-the-scenes tours, family-friendly games, a Better Eggs BBQ, and fun activities for kids — including SPCA Inspector dress-ups!
?️ Tours are limited and booking up fast, so pre-book on the SPCA website to secure your spot.
Bring … View moreCome explore our newly renovated animal centre, enjoy behind-the-scenes tours, family-friendly games, a Better Eggs BBQ, and fun activities for kids — including SPCA Inspector dress-ups!
?️ Tours are limited and booking up fast, so pre-book on the SPCA website to secure your spot.
Bring the whānau, meet the team and see how SPCA helps protect animals in need. We’d love to see you there!?
Address: 6 Rawiri Place, Hobsonville, Auckland 0618
Book your tour at: centreopenday.spca.nz...
One week to go - Join us for the SPCA Hobsonville Open Day on Sunday, 7 December!
Come explore our newly renovated animal centre, enjoy behind-the-scenes tours, family-friendly games, a Better Eggs BBQ, and fun activities for kids — including SPCA Inspector dress-ups!
?️ Tours are limited and booking up fast, so pre-book on the SPCA website to secure your spot.
Bring … View moreCome explore our newly renovated animal centre, enjoy behind-the-scenes tours, family-friendly games, a Better Eggs BBQ, and fun activities for kids — including SPCA Inspector dress-ups!
?️ Tours are limited and booking up fast, so pre-book on the SPCA website to secure your spot.
Bring the whānau, meet the team and see how SPCA helps protect animals in need. We’d love to see you there!?
Address: 6 Rawiri Place, Hobsonville, Auckland 0618
Book your tour at: centreopenday.spca.nz...
Thousands of health workers and firefighters are set to strike again today
Thousands of health workers and firefighters will strike on Friday for the second time in four weeks after mediation with the Government and Fire and Emergency failed again.
More than 17,000 Public Service Association Union (PSA) health workers and about 2000 New Zealand Professional Firefighters … View moreThousands of health workers and firefighters will strike on Friday for the second time in four weeks after mediation with the Government and Fire and Emergency failed again.
More than 17,000 Public Service Association Union (PSA) health workers and about 2000 New Zealand Professional Firefighters Union (NZPFU) members are striking tomorrow.
The industrial action follows the “mega-strike” on October 23, where tens of thousands of public sector workers went on one of the largest strikes in New Zealand’s recent history.
Fire and Emergency has publicly asked the NZPFU to call off its strike, scheduled from midday to 1pm tomorrow, claiming independent facilitation is being considered.
“There is zero point to this strike while the [Employment Relations] Authority considers whether to provide independent facilitation. Going ahead with it needlessly puts community safety at risk,” said Fire and Emergency deputy national commander Megan Stifler.
NZPFU national secretary Wattie Watson said the union has continued to issue strike notices as it thinks facilitation will only result in delays.
“What we need is for Fenz [Fire and Emergency New Zealand] to negotiate rather than continue to hide behind alleged government restrictions as a barrier to settlement,” Watson said.
The NZPFU said it is fighting for safe systems of work, better access to mental health programmes, efficient occupational cancer and illness processes, full reimbursement of occupational disease blood testing, fair and reasonable wages and other “important” claims.
Health workers striking tomorrow include Allied Health staff, mental health and public health nurses and healthcare assistants, and those covered by the policy, advisory, knowledge and specialist (Paks) collective agreement.
PSA national secretary Fleur Fitzsimons said workers were striking for safe staffing, fair pay, and better conditions for patients.
“These workers are standing up for the public health system that New Zealanders need and deserve,” Fitzsimons said.
Since then, the parties have attended mediation through the Ministry of Business Innovation and Employment, but no settlement has been reached, the PSA said.
“Unfortunately, Health NZ and this Government still refuse to hear concerns about the state of our health system. We need to see a commitment to fill vacancies quickly and staff hospitals properly.
“Health NZ’s offer would mean workers go backwards. The health system is currently being held together by these workers’ goodwill for their patients. It’s not sustainable, not fair on workers, and doesn’t serve patients well either,” Fitzsimons said.
Life-preserving service staff levels have been agreed between the PSA and Health NZ for the duration of the strike, the union said.
An estimated 100,000 workers from the public sector, including doctors, nurses, teachers, and prison staff, took part in the “mega-strike” in October.
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Dive into Creativity: Turn Terracotta Pots into Colorful Sea Creatures with Resene Paint
There’s lots to explore on the ocean floor by transforming terracotta pots into sensational sea creatures using Resene paint. Gather the kids and your Resene testpots. Find out how to make and paint your own ocean friends with these easy step by step instructions.
Success isn’t just about numbers; it’s about making the right decisions at the right time.
At Moore Markhams, we work alongside you to understand your goals and help you navigate challenges, from tax compliance to business strategy.
As part of a global network, we provide local expertise backed by international connections, so you’re supported every step of the way.
Discover how… View moreAt Moore Markhams, we work alongside you to understand your goals and help you navigate challenges, from tax compliance to business strategy.
As part of a global network, we provide local expertise backed by international connections, so you’re supported every step of the way.
Discover how Moore Markhams Auckland and our nationwide team can help your business thrive.
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