St Joseph's School
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Under the Education and Training Act 2020, teachers and authorised staff members can only undertake searches if they have reasonable grounds to suspect a student possesses a harmful item (i.e. an item that poses an immediate threat to the physical or emotional safety of any person).
At St Joseph's School, the principal, all teaching staff, and authorised staff members can conduct searches.
A search is not mandatory. St Joseph's School may manage the issue through the behaviour management strategies including stand-downs and suspensions.
Limits on searches
The person conducting the search must give the student the opportunity to surrender or reveal the item before a search is conducted. Any searches conducted are carried out in a fair and safe way that protects the privacy and dignity of the student, respects their culture, and learning support or other behavioural support needs. Students have the right not to be subjected to an unreasonable search under the New Zealand Bill of Rights Act 1990.
Teachers and authorised staff members cannot search a group of students unless the staff member has reasonable grounds to suspect each individual student has a harmful item. Staff members cannot conduct a blanket search of students.
If the student denies possession of the item or refuses to surrender or reveal it there may be grounds for a search. Staff can only request students remove outer clothing and cannot search clothing that a student is still wearing or search their body. If the student refuses to cooperate, the search is abandoned. We use our behaviour management strategies and may contact the parents/caregivers, and/or police.
We notify the police if a serious criminal offence has been committed, or if we suspect on good information that it will be committed, and if drugs or weapons are involved. If highly dangerous or illegal items are suspected, we contact the police and keep the student and the belongings in a safe place under supervision until the police arrive. Police do not search on behalf of the school; if they have grounds for a search, they follow their own procedures.
Teachers and authorised staff members may not search the content of personal digital devices.
Contractors cannot search individual students. A contractor may be hired to bring a trained search dog to school but can only search school property.
Conducting a search
A search may involve requesting that the student empties their pockets, removes outer items of clothing, has their bags searched, and shares "correspondence" such as a diary. School staff are entitled to search school property at any time for any reason including desks, lockers, and other storage areas.
Teachers and authorised staff members conducting a search:
Records of searches
We keep a written record of all searches. The record includes the date, name of student, name of the authorised person who conducted the search, and an explanation if any of the practicable requirements could not be met (e.g. searches conducted by a person of the same gender, having a second staff member present, the presence of students, or other relevant details). We also keep the details of any item/device retained for two or more school nights.
The records are kept for a minimum period of seven years, the statute of limitations period for civil matters. See School Records Retention and Disposal.
