Law for School Guidance Counsellors
You asked, we listened! Led by experts in education and the law, attend and 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 court processes and youth justice, and how to Honour Te Tiriti o Waitangi while meeting your obligations to students. Plus, gain valuable information on responding to incidents and illegal activity online, and a timely overview of privacy law. 2211NZC01
Description
Attend and earn 7 PLD hours
Session 1
Navigating Youth Justice, Bullying, Family Law and Te Tiriti o Waitangi
Chair: Julia Field, Head of Guidance, Te Whare Hauora, Christchurch Girls' High School, Te Kura o Hine Waiora
8.45am to 9.45am Youth Justice Issues for Counsellors
- 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 John Sandston, Barrister, Resolution Chambers
9.45am to 10.45am Family Court 101
Receive guidance and practical insights on family law principles and processes in the Family Court including:
- What kinds of things does the Family Court normally consider in looking at care arrangements for children?
- What is the role of lawyer for child, and how should you liaise with them?
- What should you do, and how should you respond if you are requested to provide documents to the Family Court?
- What do you need to know if you are required to attend Court and give evidence?
Presented by Amy Kennerley, Senior Associate, Taylor Shaw Barristers & Solicitors and Amanda Butler, Senior Associate, Taylor Shaw Barristers & Solicitors
10.45am to 11.00am Morning Tea Break
11.00am to 12.00pm Dealing with Bullying: The Legal Perspective
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 Madeleine Hawkesby, Special Counsel, Duncan Cotterill
12.00pm to 1.00pm Te Ao Māori Context for School Guidance Counselling
- Treaty intentions and impacts
- Relevance, balance of power/privilege
- Current context
Presented by Ariana Stevens, Director, Reo Māori Mai Ltd
Learning Objectives:
- Receive a timely update on youth justice issues
- Gain a working understanding of the court process and your obligations
- 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 Risks in the Online Space and in Privacy Obligations
Chair: Julia Field, Head of Guidance – Te Whare Hauora, Christchurch Girls’ High School, Te Kura o Hine Waiora
1.45pm to 2.45pm 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. 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
2.45pm to 3.45pm Update on Privacy and Online Issue
- Changes in the new Privacy Act
- The Harmful Digital Communications Act
- Social media: an unavoidable evil?
- Education apps: risk to students and their privacy
Presented by Gareth Abdinor, Partner, Malley & Co
3.45pm to 4.00pm Afternoon Tea Break
4.00pm to 5.00pm Breaches of Human Rights in the Education Context
- Human rights as they might apply in schools
- The Human Rights Commission
- The Human Rights Review Tribunal
- The process
- Recent decisions
Presented by Shaun Brookes, Senior Associate, Buddle Findlay
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
John Sandston
John graduated from the University of Canterbury LLB (Hons) in 1987 and practised as a Crown Prosecutor for 6 years which included regular appearances in the Children`s Court as it then was. He became a Youth Advocate in 1992 after moving to Nelson and has practised extensively in that role ever since, and as a Crown Prosecutor and defence lawyer in both Nelson and Blenheim. In 1999 he was appointed the inaugural Chairperson of the New Zealand Law Society`s Youth Justice Committee, a position he held till 2004. He was a school trustee at Christ`s College, Canterbury from 2000 to 2011, and then at the Southern Regional Health School between 2016 and 2019. He has served on an Iwi trust, the New Zealand Rugby Union, and a health board. All three bodies involved dealing with youth issues. He regularly advises schools over youth justice, counselling, and privacy issues.
Amy Kennerley
Amy is an Associate in the Dispute Resolution and Litigation Team. Amy specialises in employment matters and acts for both individual employees and companies, including advising on personal grievances, restructures, and employment agreements. Alongside general litigation experience, Amy can also assist in relation to education matters, having previously acted for both schools and individuals in issues arising out of student discipline, parental complaints, and other school disputes. Amy has appeared in the Employment Relations Authority, the District Court, and the High Court. Amy is currently the Convenor of the local New Zealand Law Society Young Lawyers’ Committee and also sits on the boards of Community Law Canterbury and Kirkwood Intermediate School.
Amanda Butler
Amanda is a Senior Associate in our Family Law Team. She works with clients who are dealing with the aftermath of separation by assisting them to work out care arrangements for the children and resolve the division of property. She also drafts and advises on relationship property agreements entered at the start of relationships to protect assets. Amanda advises on all areas of family law including paternity, guardianship disputes, relocation, domestic violence, Oranga Tamariki proceedings, and appointment of welfare guardians and property managers. Amanda sits on the local New Zealand Law Society Family Law Committee and is a member of the local Law Society choir.
Madeleine Hawkesby
Madeleine is special counsel in the Christchurch employment law team at Duncan Cotterill. She enjoys working in collaboration with her clients to provide practical, strategic and solution focused advice. Her expertise covers all aspects of employment law, from disciplinary process, performance management, incapacity, investigations, restructuring, drafting employment agreements and policies, and mediations. Madeline has expertise in mediating and facilitating conflict resolution solutions between employees. She advises employers from a wide range of industries, and has particular expertise in the education sector where she not only advises on employment law matters but also has experience in privacy law, parent complaints, health and safety, student disciplinary matters, ombudsmen investigations, Official Information Act requests, performance appraisal, school governance and conflict resolution.
Ariana Stevens (Ngāti Waewae, Ngāi Tahu)
Ariana has training and experience across multiple fields including law, policy, secondary and primary education, community and youth development, strategy, te reo Māori, tikanga and mātauranga Māori. Ariana has a particular passion for facilitating challenging/disruptive conversations - which plant seeds for change with others, who are then empowered to take action. Over the past 5 years, Ariana has led her organisation, Reo Māori Mai, from a one wahine operation, to a team of nine - with more growth on the horizon. Ariana is a graduate of Te Panekiretanga o Te Reo and currently studying towards her Masters of Te Reo Māori under the tutelage of Pānia Papa, Leon Blake and Sir Tīmoti Karetū - availing Ariana of cutting edge thinking when it comes to te reo Māori and if/when/how we engage with the language and associated tikanga.
Julia Field
Julia has worked in a range of therapeutic and leadership roles across the education sector during her career, initially as a Speech and Language Therapist then a Service Manager in Special Education at the Ministry of Education, then Deputy Principal in a full primary school, to her current role as a counsellor and Head of Guidance in a large secondary school. She has a Masters in Counselling and is completing a PhD into the lifelong effects of closed stranger adoption in Aotearoa New Zealand. Julia is currently Chairperson of the Canterbury and West Coast Branch of the New Zealand Association of Counsellors.
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.
Gareth Abdinor
Gareth is an employment and workplace law expert, providing advice and guidance to business, organisations and workers on all aspects of the employment/contracting relationship. Gareth also provides specialist advice in relation to privacy & information law issues, including compliance, breaches, access, cyberbullying and social media. Gareth has extensive experience in the Education and Healthcare sectors, having acted for schools, educators, District Health Boards, medical practices and medical professionals in relation to dispute resolution, privacy and employment matters. Gareth is an experienced workplace investigator and regularly carries out independent workplace investigations.
Shaun Brookes
Shaun specialises in employment law, industrial relations, and health and safety, as well as dispute resolution and general litigation. He advises clients on a wide range of employment matters, including terminations, bullying, redundancy and restructuring, Holiday Act entitlements, and industrial relations. He regularly provides training and seminars on health and safety, employment, and privacy topics. Shaun also represents a number of councils on regulatory enforcement and prosecutions. He advises clients on health and safety matters and has experience with WorkSafe investigations and prosecutions. He is an experienced litigator and appears in the Employment Relations Authority and Employment Court, the District Court and High Court, and at mediation on behalf of clients.