Law for School Guidance Counsellors
Led by experts in education and the law, this programme will take a deep dive into the important legal issues and challenges affecting you in your role as a guidance counsellor. Examine the grey areas of bullying, updates in family law, court processes and youth justice, and how to Honour Te Tiriti o Waitangi while meeting your obligations to students. In the afternoon you will receive valuable information on responding to incidents and illegal activity online, and a timely overview of privacy law. 226NZA08
Description
Attend and earn 7 PLD hours
Session 1
Navigating Court Orders and Processes, Bullying & Te Tiriti o Waitangi
Chair: Rona Waetford, HOD Guidance & Pastoral Support Services, Southern Cross Campus
8.45am to 9.30am Update on Youth Justice Issues
- Overview of youth justice system and the court process
- Contemporary issues: child offenders (10-13), doli incapax, and Young Persons (14-17)
- Supporting young offenders/defendants: issues to be aware of from a counsellor’s perspective
Presented by Steven O’Connor, Principal, Luke Cunningham Clere
9.30am to 10.30am Understanding The Court Process
Receive valuable guidance on responding to requests for documents and what to expect if you are summoned to attend Court:
- Responses to requests for documents: considerations of privacy, confidentiality and privilege
- What are the nature of court orders for production of documents, how are they obtained and what do they mean?
- Who is compellable to give evidence in court proceedings and how are they compelled to do so?
- If required to attend, what is the process, what can you expect and what are your rights and obligations as a witness
Presented by Sean McAnally, Barrister, FortyEight Shortland
10.30am to 10.45am Morning Tea Break
10.45am to 11.30am Family Law: Practical Insights for School Guidance Counsellors
Presented by Minka Boddé-Phillips, Director, Phillips & Co Law
11.30am to 12.15pm Dealing with Bullying
Consider situations where evidence is difficult to obtain and when victims' parents insist on further punishment of the perpetrator.
- Different types of bullying in schools (student to student, teacher to student, coach to student)
- Definition of bullying
- Student rights
- Investigating bullying claims where evidence is scarce
- Balancing pressure from parents with appropriate sanctioning of perpetrator
Presented by Rachael Judge, Senior Associate, and Darren Gunasekara, Solicitor, Simpson Grierson
12.15pm to 1.00pm Te Tiriti o Waitangi: An Inclusive Pathway for School Guidance Counselling
- Treaty Intentions
- Relevance – Balance of Power – Scaffolding
- ‘Listen’ to Culture
Presented by Professor Angus Hikairo Macfarlane, Te Rū Rangahau / Māori Research Lab & Te Kāhui Pā Harakeke / Child Wellbeing Research Institute, University of Canterbury
1.00pm to 1.45pm Lunch
Learning Objectives:
- Receive a timely update on youth justice issues
- Gain a working understanding of the court process and your obligations
- Receive practical guidance on how to deal with situations involving family law issues
- Examine how to deal with bullying when evidence is difficult to obtain and when victims' parents are involved
- Learn how to honour Te Tiriti o Waitangi while balancing the duties of your role
Session 2
Spotlight on Online Risks and Privacy
1.45pm to 2.45pm Illegal Activity Online: Understanding the Law
Gain an understanding of the law relating to objectionable texts and images (illegal porn), intimate photographing and grooming and underage sex – which all fit into the young peoples’ lives - and what the counsellors need to be aware of.
Presented by Jo Wickliffe, Barrister
2.45pm to 3.45pm Managing Online Incidents: Information for Student Support and Wellbeing Teams
- To ensure effective management, restorative processes and ākonga support when managing an online incident, it is important to use current legislation and regulations, agencies and partnerships to inform your policies and procedures.
- We will explore:
- Opportunities to confidently respond to online incidents
- The Harmful Digital Communications Act (HDCA)
- What the HDCA means for schools, ākonga, whānau and the community
- Strategies and support for schools and ākonga when faced with an online incident
Presented by Paula Wistrand, Education Advisor, Netsafe
3.45pm to 4.00pm Afternoon Tea Break
4.00pm to 5.00pm Update on Privacy and Online Issue
A timely update for school Guidance Counsellors on privacy principles and how they apply to schools. You will learn how to approach and prevent a breach and tips for navigating difficult situations when they arise.
Presented by Gwen Drewitt, Special Counsel, Lane Neave
Learning Objectives:
- Gain insight on how to recognise illegal activity online
- Learn how to respond to situations when you become aware of illegal online incidents
- Receive a valuable update on privacy and online issues
Presenters
Rachael Judge
Rachael Judge is a senior associate at Simpson Grierson, specialising in employment and education law. Rachael acts for several independent and state schools on matters such as terms of enrolment, student disciplinary issues, student human rights claims, school policies and the Children’s Act 2014. She also advises schools in relation to their employment agreements and staff disciplinary issues. Rachael regularly attends mediations and represents clients in Employment Relations Authority, Employment Court and Human Rights Review Tribunal matters
Darren Gunasekara
Darren is a solicitor in the employment law group at Simpson Grierson. His experience includes advising on all areas of employment law, including employment related privacy and health and safety matters. He advises on employment disputes ranging from personal grievances through to litigation in the Employment Relations Authority and Employment Court. He also assists employers with reviews of employment practices, policies and employment agreements. Darren has experience with clients the education sector, in particular, advising on the unique privacy issues that arise in schools. Darren has assisted schools with privacy policy reviews, and advised on their privacy obligations towards staff, students (both domestic and international) and others in the school community.
Minka Boddé-Phillips
Minka is the Principal of Phillips & Co Law, Rotorua, a predominantly Family Law practise. While starting out as a general litigation Solicitor, following 8 years away from law raising her own four children, she returned to specialise in Family Law in 2009. Minka represents both parties and children in the Family Court while providing Mediation privately and through Family Dispute Resolution. She is committed to achieving family focussed outcomes in an environment that can sometimes be anything but family friendly.
Steven O’Connor
Steven is an experienced civil and criminal litigator with particular expertise in criminal and regulatory enforcement litigation, and public law. Before joining LCC Steven worked at the office of the Auckland Crown Solicitor for two periods totalling five years, during which he acted as a specialist Youth Court prosecutor. He has prosecuted allegations of serious violence, sexual violation, and alleged terrorism in the Youth Court jurisdiction. Between 2016 and 2018, Steven worked in the United Kingdom for the Financial Conduct Authority’s Enforcement and Market Oversight team, and conducted judicial review proceedings on behalf of the UK Home Secretary in respect of human rights, asylum seekers, and victims of trafficking claims. In addition to prosecuting serious crime, Steven has been involved in public commissions of inquiry including the UK Independent Inquiry into Child Sexual Abuse, and the NZ Royal Commission of Inquiry into Abuse in Care. He has previously acted and provided advice in respect of professional disciplinary investigations and regulatory enforcement action by large regulators such as the Financial Markets Authority and UK Charity Commission.
Professor Angus Hikairo Macfarlane
Dr Angus Hikairo Macfarlane affiliates to the Ngāti Whakaue tribe in the north island. He is Professor of Māori Research at the University of Canterbury (UC). His research focuses on exploring Indigenous and sociocultural imperatives that influence education and psychology. Avid about Māori advancement, he has pioneered several theoretical frameworks associated with culturally responsive approaches for professionals working in these disciplines. Dr Macfarlane’s prolific publication portfolio and exemplary teaching abilities have earned him national and international standing in his field of scholarship. Consequently, his accomplishments have been recognised. In 2010 he received the Tohu Pae Tawhiti Award from the New Zealand Council for Educational Research for outstanding contributions to Māori research. In 2013 he was awarded the University of Canterbury Research Medal – the first ever Māori recipient and the highest honour that the UC Council can extend to its academic staff – acknowledging sustained research excellence. In 2015 he received the national Ako Aotearoa Tertiary Teaching Excellence Award for specialist services in the field of kaupapa Māori. He is a lead researcher for several ministerial-funded projects. Dr Macfarlane is on the Māori Reference Group for the Office of the Auditor General and is Kaihautū (Senior Māori Advisor) for the New Zealand Psychological Society, a national entity that has a membership of over 1000 professional practitioners.
Jo Wickliffe
Jo is an experienced criminal lawyer with more than 22 years of experience as defence counsel and four years as a prosecutor for the SPCA. Jo specialises in serious crime including sexual offending, drugs, assaults and aggravated robbery. She was appointed to the NZ Law Society Criminal Law Committee in 2020, the NZ Bar Association Te Ao Māori Komiti in 2022, chaired the NZ Law Society Questioning Children in Court Forum in June 2021, is a member of the faculty of the NZ Law Society Litigation Skills Programme, is the Presenter of the Introduction to Criminal Law course, is a mentor for the NZ Law Society and is a member of the NZ Law Society National Interview Panel. Jo is a past committee member of the Auckland District Law Society Criminal Law Committee and a current member of Te Hunga Roia, the Māori Lawyers Association, the Criminal Bar Association of NZ, the Defence Lawyer’s Association of NZ and the NZ Bar Association. Jo is a member of Guardian Chambers in Auckland.
Gwen Drewitt
Gwen is a Special Counsel in the Christchurch employment team. Gwen has particular expertise in employment and health & safety. Gwen acts for both employers and employees and enjoys getting to know clients and their businesses in order to deliver pragmatic advice that works for them. Gwen has substantial expertise and experience in a range of employment matters, including guiding clients through disciplinary, grievance and performance management processes. Advising on redundancies and restructures and providing assistance with settlement negotiations. Gwen also is experienced in assisting clients in Employment Authority proceedings and has appeared in the Employment Court. Gwen has practiced in the UK for several years; Gwen is also well placed to advise international clients on their employment law obligations.
Paula Wistrand
Paula started her career with the New Zealand Police in the 111 communication centre in Auckland and moved into teaching after becoming a mum. Her teaching career took her from Maungaturoto, Northland to Dubai and Shanghai. In 2018 Paula returned to NZ and made Ōtautahi,Christchurch her home. After three years working for the Ministry of Education she took on the role as Education Advisor for Netsafe in 2021. Knowing the impact of online harm Paula is enjoying the opportunities that her mahi gives her to provide education to schools, kura and their communities to keep rangatahi safe online.
Sean McAnally
Sean has been involved with litigation in New Zealand and the Cook Islands for some 23 years. While he now predominantly acts on civil and commercial cases, his background includes criminal, family and regulatory matters. He has appeared in all levels of the court system, including the Privy Council, and also appears in specialist courts such as the Family Court and Employment Court and tribunals such as the Health Practitioners’ Disciplinary Tribunal and the Real Estate Agents’ Disciplinary Tribunal. He has worked in Wellington, as a Judges’ Clerk at the High Court, in the Cook Islands as a private practitioner and, for the past 20 years, in Auckland as a partner in a law firm and, more recently, as a barrister sole.
Venue
Rydges Auckland
59 Federal St
Auckland 1010
New Zealand
Valet Parking
Rydges Auckland offers Valet Parking for all guests. Daily charges are NZ$38.00. Guests can valet their car unlimited amounts of time for the one daily flat fee. The maximum height of the car park is 1.9m. Limited spaces are available.
Self Parking
Guests can self-park NZ$30.00 on a per exit basis per 24 hours. The reduced parking tickets require being validated from reception.