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MEMORANDUM OF UNDERSTANDING

between

The Aidanfield Christian School (ACS) Board of Trustees (BoT)

and

Christian Schools Trust (CST)

Dated: ……………………

A. BACKGROUND

ACS BoT is the governance authority for a Crown Owned Entity which is a state integrated

school established under the Private Schools Conditional Integration Act 1975. (PSCIA) delivers the NZ curriculum to its pupils but this is done in a manner which is at all

times consistent with the school’s special character. seeks to clarify and document a number of areas of common interest including, but

not limited to, special character, financial, personnel and property relationships it has with the school’s proprietor (CST).

CST: is a charitable trust registered under the Charitable Trusts Act 1957. was established in 1963 to “maintain a school or schools for the education of the

young and to include in the scheme of such education instruction in the Christian faith as set out in the Holy Scriptures.” (CST Trust Deed)

became the Proprietor of ACS in 2010 by deed of novation. partners with the Crown in providing an education with a Special Character at ACS.

The partnership is legally formed through the signing of an Integration Agreement (IA) between itself and the Crown.

has a statutory obligation to protect the Special Character of ACS as defined in the IA. It partners with the Kings’ Christian Schools Trust (KCST) (the original owner and founder of Canterbury Christian College which became Aidanfield Christian School in 2010). The CST and the KCST have documented their own partnership in a Memorandum of Understanding dated 28 October 2010.

has a statutory obligation to provide school premises and meet other obligations to the Crown and the BoT as described in the PSCIA and IA. It partners with the Kings’ Christian Schools Trust the owner of the school premises in this.

seeks to clarify and document a number of areas of common interest including, but not limited to, special character, financial, personnel and property relationships it has with ACS BoT.

Memorandum of Understanding between Aidanfield Christian School Board of Trustees and The Christian Schools Trust 1

B. AGREED AS FOLLOWS

1. Interpretation Words and expressions used in this memorandum have the same

meaning as defined in the PSCI Act and in the Education Act 1989. The “parties” or “party” means “The Christian Schools Trust (CST)”

and/or “The Board of Trustees of Aidanfield Christian School (BoT)” Consultation can be carried out on behalf of the parties by the Chair

and / or CEO of CST and the Board Chair and/or Principal of ACS. Regular and transparent communication based on the Biblical principle

of integrity is to be paramount between the parties in areas that have potential to impact on the other party.

2. Special Character Guidelines CST has provided Special Character Guidelines which are framed with

the intention of further clarifying key statements from the Deed of Integration as regards preservation and enhancement of the Special Character of Aidanfield Christian School. (Appendix 1)

3. Communications Significant communications by either party (especially those involving

the media) which may have a material effect on the other party, will be consulted upon before release.

4. Financial Transactions Both parties agree that they will use generally accepted accounting

procedures to record and identify transactions between them. Both parties agree that any financial transactions between them will be

conducted with appropriate invoicing. Neither party may incur obligations on behalf of the other party.

5. Sharing of Costs:

Where either party incurs further costs that have previously agreed should be paid by the other party, then upon the exchange of invoices, the parties will reimburse each other.

A schedule of such costs with projected amounts is agreed annually.

6. Attendance Dues CST agrees to consult with the BoT on the setting of the level of

attendance dues. CST applies Attendance Dues in accordance with the PSCIA and the

current MOE attendance dues accounts circular.

7. Collection and use of Special Character Donations (SCD)Memorandum of Understanding between Aidanfield Christian School Board of Trustees and The Christian Schools Trust 2

CST has a statutory responsibility under the PSCIA to safeguard the special character of ACS.

CST or the BoT may request a donation from parents to provide funds for this purpose. Currently there is no such donation.

The amount and use of SCD would be reviewed annually by both parties.

8. Fundraising and other donations Either party can fundraise and collect donations in its own name. Where funds raised are used to purchase significant capital assets, the

funds may ( by negotiation )be collected under the name of the CST who will purchase and own the items to be used by the BoT. Such items would then not be subject to clawback by the Crown in the event the school de-integrated.

CST will maintain accounting records of funds so raised. BoT determines the use of its locally raised funds. The parties acknowledge that there may be specific circumstances

where the general situation outlined above may not apply.

9. Student Management System, Accounting package and Parent Invoicing

BoT will use the SMS that it determines is the most suitable for its needs. Each party will determine the most appropriate accounting system for its

needs. The parties acknowledge that while there may be advantages in using common system, other factors may determine that different systems are suitable for either party.

Each party may access information relating to itself in the other party’s system on request.

BoT invoices parents for school charges. CST invoices parents for attendance dues. The CST contracts school staff

to manage Attendance Due invoicing in a timely manner. The parties will compare debtor’s ledgers on a regular basis and where

appropriate will jointly approach parents for outstanding payments. Prior to leavers signing out, arrangements need to be put in place to

clear whatever debt is outstanding with each party.

10. Processes to govern Policy One (P1) Funding Expenditure and the 10 Year Property Plan (10YPP)

The agreement between APIS and MOE dated 31 March 2010 sets out criteria and priorities for the spending of P1 funding. (Appendix 4).

P1 funding received for ACS is clearly identified in CST accounts. Requests for spending of P1 funding shall be presented annually by the

BoT which reference to the criteria set out in the APIS/MOE protocol.


CST will make available to BoT information on how P1 funds have been used if the BoT so request.

The10YPP will be drawn up in consultation between the parties.

11. International Pupils: Fee Charges Payment of Policy 1 funding equivalent from IC pupils to CST.

The parties agree that BoT will pay to CST annually an amount equivalent to the P1 funding that the MOE pays for local pupils.

The P1 equivalent is calculated on the basis of FTE numbers on 1 March in the previous year multiplied by the MOE per pupil funding rate for the current year.

Payment for P1 equivalent is made by 31 March each year. CST will account for the P1 equivalent funding separately but will

manage this funding in the same way as P1 funding received from MOE. The parties acknowledge the importance of marketing for IC pupils and

agree that the specific accommodation provided for them shall be of no less a standard than that provided for local pupils. To this end the parties’ annual determination of the spending of P1 funding (including the equivalent sum provided from IC pupils) shall pay particular attention to the needs of IC.

Payment of Attendance Due equivalent from IC pupils to CST. The parties agree that BoT will pay to CST annually an amount

equivalent to attendance dues in recognition of the use by IC pupils of CST provided facilities.

Payment for AD equivalent is made by 31 March each year.NOTE : The parties have agreed suspend the implementation of 11 above until such time as it is agreed that the scale and ongoing viability of International Student programmes warrants it. An increase in International Student FTE’s to 6 or more for 24 months or the 3 year review of this MoU ( whichever comes sooner ) will trigger a review of this clause.

12. Furniture and Equipment (F&E) Grants For new buildings within the MOE school property guidelines CST will

apply for the F&E grant. BoT receives both the F&E grant for new square metres and the annual

F&E grant. BoT will firstly expend any grant for new square metres on the area that

generated the grant. Any funds that remain may be expended at the sole discretion of the BoT.

BoT may hold funds from the annual grant in reserve for future modernisation work.

Any item purchased using funds from the F&E grant remains the property of BoT.

CST may request from BoT a report on the use of these funds.


13. New Building : Design and handover protocols The parties agree to follow guidelines for the design and construction of

new buildings, major renovations, or major landscaping. (Appendix 5)

14. Obligations around Non-integrated buildings used by ACS: The amount of integrated property available to the BoT is determined by

the MOE School Property Guide. Any buildings in excess of the determination are non-integrated. The parties will share obligations on these buildings on the same basis as if they were integrated.

15. Property and Ground Maintenance The parties will mutually agree to the purchase of major capital

equipment. The parties have equal rights in the maintenance of property and

grounds.

16. Insurance Both parties will undertake to meet respective obligations and share

information on their current insurer. Both parties will ascertain from their insurance company what the

respective liability is in the situation where both parties will be making a claim for the same event causing loss.

17. External Use of School Premises CST may use the school premises for its own purposes. (IA para 6) CST delegates the management for external use of school premises to

BoT. (IA para 7) The CST and BoT have a Special Character policy covering external use of School premises. (Appendix 6)

Any financial surplus from external use is retained by the BoT.

18. Proprietor representation on appointment panels for teaching positions

All teaching positions are tagged positions (IA para 26) Ordinarily the Board/Principal shall ensure that a Proprietor

Representative on the BoT or another person nominated by the Proprietor represents the Proprietor on an Appointments Panel to a tagged position to meet the requirements of the PSCIA. [s63(2), s68]

If the Board/Principal, after having used best endeavours, is unable to find a suitable person to be a Proprietor Representative on the Appointments Panel, then the Board/Principal may seek leave from the CST CEO to allow the appointments process to proceed without a Proprietor representative. In this instance, once the Appointments Panel has a recommendation to make regarding the appointment, the Board/Principal must seek CST CEO concurrence that the preferred candidate meets the tagged requirements of the position.


A vacancy in the Principal position shall trigger consultation with the Proprietor. BoT and CST shall co-construct the appointment process.

19. Support Staff Appointments If the Board\Principal are considering appointing a non-Christian to a

support staff position they will inform the Proprietor as a courtesy.

20. Other Responsibilities of BoT Proprietor appointees to the BoT will provide copies of its meeting

minutes to CST upon request.

21. Other Responsibilities of CST CST can appoint up to four proprietor representatives to ACS BoT. Proprietor representatives are reviewed and appointed in line with the

standard BoT election cycle, but may also be reviewed at any time in consultation with the Principal and Board Chair.

CST provides a job description, induction and supervision to proprietor representatives. A strong understanding of, and commitment to, the School’s Special Character shall be a requirement of appointment to a Proprietor Representative position. Other skills and experience deemed necessary to the Board may also be a consideration.

An annual report will be provided by proprietor representatives to CST. ACS Principal and Board Chair may attend CST meetings at any time, but

will be invited to present a report to one meeting annually. CST will circulate meeting agenda and minutes to ACS Principal and

Board Chair.

22. Dispute Resolution Negotiation If either party has any dispute with the other in connection with this

memorandum:

i. That party will promptly give full written particulars of the dispute to the other.

ii. The parties will promptly meet together and in good faith try to resolve the dispute.

23. Review This document will be reviewed in conjunction with a review of the

Special Character Guidelines which takes place during the three-yearly Special Character Review commissioned by CST.

This document may be reviewed at any time by the mutual agreement of the parties.

Signed on behalf of Aidanfield Christian School Board of Trustees

Name _______________________________


Signature ____________________________ Date ____________________

Signed on behalf of The Christian Schools Trust

Name _______________________________

Signature ____________________________ Date ____________________


APPENDIX 1

SPECIAL CHARACTER GUIDELINES FROM THE CST FOR THE BOT

IntroductionThe Aidanfield Christian School (then Canterbury Christian College) Integration Deed of Agreement (IA) 29 September 1999 (effective date 4 October 1999) (Appendix 2) states the following:

1. The School’s Special Character is defined by –

i. Canterbury Christian College (now Aidanfield Christian School) is a non-denominational Christian School established for Years 1 to 13 (currently Years 1 to 10) in 1996. The School was founded to meet the educational needs of Christian families in Christchurch and to provide a quality educational environment where the Holy Spirit and the Word of God were able to directly influence the life and character of their children.

ii. Mission Statement” To provide quality education based on a Biblical Christian World View enabling each child to fulfil their God-given destiny.

iii. Christianity is based on a personal relationship with Christ rather than an intellectual understanding. The School will encourage the student to develop a personal relationship with the Lord Jesus Christ. The School will provide an environment where students, parents and staff can experience Godly relationships, and work towards showing the Character of Christ in love, discipline, respect, honour and trust, developing a healthy self-image as a child of God.

iv. The School community relies on the Holy Spirit and the Word of God recognising that:a) All truth must be received as revelation made real by the work of the Holy Spirit in the life of the

individual. b) All knowledge should be measured against Biblical truth.c) That this will result in an ongoing unfolding relationship with the Lord Jesus Christ.

v. God creates and equips each person for their unique role in His service. The School will encourage each student to give of their best and will acknowledge achievement in accordance with the student’s effort. To achieve this, the School’s approach to teaching and learning will acknowledge individual differences in:a) Prior Learningb) Rates of Learningc) Learning Stylesd) Modes of Self-expressione) Cultural Differencesf) Family and Church backgrounds

vi. The learning environment of the student includes the home, the church and the School. The School recognises the importance of their inter-relationship and will actively encourage, develop and support a unity between them.

vii. Education is ultimately the responsibility of parents and the Special Character is dependent on their involvement. Opportunities exist in the classroom, in management, in administration, or other School activities for parents to be actively involved in School life.

viii. To help individuals develop a Biblical Christian World View, and respond to its call towards service and mission, the School will provide a Bible based curriculum that complies with the National Education Guidelines (hereinafter referred to as the “curriculum”).

ix. The School’s Statement of Faith reflects its Christian beliefs which will permeate and guide all aspects of School life.

2. The Proprietor shall continue to have responsibility to supervise the maintenance and preservation of education with a Special Character provided by the School. (IA 21(i))


3. The Proprietor shall continue to have the right to determine from time to time what is necessary to preserve and safeguard the Special Character of the School as defined herein. (IA 21(ii))

4. The Proprietor shall invoke the powers conferred upon it by the Private Schools’ Integration Act and this Agreement should the Proprietor so determine if in the opinion of the Proprietor the Special Character of the School has been or is likely to be jeopardised or the education with such Special Character so provided is no longer preserved and safeguarded. (IA 21(iii))

5. Tagged Positions: For the purposes of Section 65(1)(c) or this Act may designate all teaching positions as positions of importance in carrying a responsibility for religious instruction. Advertisements for these positions shall state that a willingness and ability to take part in religious instruction appropriate to the Special Character of the School shall be an essential condition of appointment. Such advertisements shall also state that a willingness and ability to uphold the Special Character shall be a condition of appointment. (IA27)

6. Principal’s Appointment: An advertisement for the position of Principal of the School shall, in accordance with Section 65(1)(a) of the PSCI Act state that a willingness and ability to take part in religious instruction appropriate to the school shall be a condition of appointment. Such an advertisement shall also state that a willingness and ability to uphold the Special Character shall be a condition of the appointment. (IA25)

7. Chaplain: Christian Studies and Chapel attendance form part of the education with a Special Character provided by the School and therefore the Proprietor, at its expense, may employ any person whether as a Chaplain or otherwise for duties relating to the instruction and the provisions of Section 69(2) and (3) of the Act shall apply. (IA 26)

8. The Proprietor together with its servants, agents and licensees shall be subject to the proviso of Section 40 (2)(i) of the Private Schools’ Conditional Integration Act have at all reasonable times access to the School to ensure that the Special Character of the School is being maintained and shall also have similar access to enable it to exercise the powers and carry out the responsibilities vested in it and imposed on it by the Private Schools’ Conditional Integration Act and by this Agreement. (IA 24)

9. Preference of Enrolment: A preference of enrolment at the School under Section 29(1) of the PSCI Act shall be given to those pupils with parents who uphold and preserve the Special Character of the School and are members of church fellowships who concur with the School’s Statement of Faith. The Board shall not give preference of enrolment to any child unless the Proprietor concurs that those parents will uphold and preserve the Special Character of the School to the satisfaction of the Board.

10. Non Preference Pupils: In accordance with Section 7(6)(H) of the Act, unless the Proprietor and the Minister otherwise agree and subject to places being available the number of pupils whose parents do not have preference of enrolment at the School in accordance with the provisions of Section 29(1) of the Act shall be limited to 10% of the maximum roll of the School.

The Deed of Novation states

11. Change of Proprietor :By Deed of Novation (DoN) effective 28 October 2010 the original Proprietor, the King’s Christian School Trust, was released by the Minister of Education from all obligations, duties and responsibilities as Proprietor and the Christian Schools’ Trust became the new Proprietor.

Assumptions of Rights and Obligations by New Proprietor: The New Proprietor assumes all the obligations, duties and responsibilities of the Original Proprietor and has all the rights and benefits of the Original Proprietor under the Integration Agreement and as prescribed under the Integration Act. (DoN 3.1)

The New Proprietor is responsible for all outstanding obligations, including obligations arising from any acts or omissions by the Original Proprietor in breach of the provisions of the Integration Agreement or Integration Act, as if such obligations, acts or omissions were those of the New Proprietor. (DoN 3.2)


Memorandum of Understanding

12. At the change of Proprietorship the KCST and CST agreed a Memorandum of Understanding on the Preservation and Maintenance of the Special Character of Aidanfield Christian School (KCST Special Character Statement 26th May 2008 Appendix 3)

To the extent it is able as Proprietor under the Agreement and the Act, the CST shall use its best endeavours to ensure that education consistent with the Special Character of Aidanfield Christian School is delivered in order to meet the requirements of the Integration Agreement and to this end will provide the Board of Trustees of Aidanfield Christian School with advice, support and materials to assist it to maintain the unique, school specific, contour of the Special Character. By the words the unique, school specific, contour of Special Character it is meant the definition and interpretation of the Special Character defined in the Integration Agreement as historically interpreted by the KCST, and as further defined and developed by the MoU (KCST–CST) ....... and in consultation with the KCST from time to time (MoU KCST-CST 28 th October 2010 Section 4.9)


The Proprietor is mindful of the diverse responsibilities of the School Board and the challenges of managing these in a timely and efficient manner. The following guidelines are framed with the intention of further clarifying beyond key statements in the Deed of Integration as regards preservation and enhancement of the Special Character of Aidanfield Christian School.

Administration of Special Character Guidelines by the Board of Trustees1. The Board liaises with the Proprietor (normally through Proprietor representatives but in direct consultation

as necessary) on all matters relating to the preservation and enhancement of Special Character dimensions in Board and School documents and processes including but not limited to: the School Charter, Policy Statements, curriculum documents, staff appointments any matters pertaining their employment and enrolments.

2. Each year an Annual Assurance Report (completed by the Proprietor representatives on the Board) on the School’s Special Character is to be tabled at a Proprietor’s meeting.

3. The Proprietor will commission in consultation with the Board and fund a 3 yearly Special Character review.

4. The Proprietor and Board actively encourage candidates who have a wholehearted commitment to the school's special character to stand for Board of Trustee elections.

5. The Proprietors expect the members of the Board of Trustees to support the Special Character of the School.

The Board of Trustees through the Principal and Senior Leadership Team provide positive leadership in articulating and leading the implementation of the Aidanfield Christian School Special Character Guidelines to staff, pupils, parents and the wider community by demonstrating the following key outcomes:

Senior Leadership Team1. Senior Leaders will be familiar with, model and implement the Special Character Guidelines.

2. Senior Leaders will ensure staff are familiar with, model and will implement the Special Character Guidelines.

3. Have opportunity to develop a theological framework for Christian educational practice through academic training and other Special Character professional development.

4. Remain current with matters related to Christian education.

5. Are appraised against the Special Character Outcomes.

Teaching Staff1. Have opportunity to develop a theological framework for Christian educational practice through academic training and other Special Character professional development.2. Are appraised against Special Character outcomes.

School CurriculumSchool Curriculum design , delivery and review is clearly linked to the Special Character Statements in the Integration Agreement, the KCST Special Character Statement, and the School’s Vision and Mission Statements.

Parents1. Parents are provided with information about the school’s Special Character in enrolment material and other

activities provided by the school.


2. Post enrolment – appropriate induction information and events are provided by the school to assist parents to make the transition from enrolled parents to partner parents.

3. A range of parent education activities, including Special Character features are provided on a regular basis to assist parents make the transition from enrolled parents to partner parents.

Enrolments – Determination of Preferential Status1. The Integration Deed of Agreement states a definition of preference.

2. Determination of preference for any applicant is delegated by the Proprietor to the Board of Trustees. The operation of this delegation will be subject to review three yearly as part of the wider Special Character review cycle commissioned by the Proprietor, or at any other time as may be deemed fit by the Proprietor.

3. Evidence collected by the Board of Trustees in order to determine preference must include but not be limited to: A signed Statement of Belief Evidence of Church affiliation/attendance including verification from the Church leader Parent’s statement regarding the school’s Special Character Parent partnership declaration

4. It is expected that the Board of Trustees will interview all applicants to gather further information.

5. The Board of Trustees will consult with the Proprietor as necessary on cases where determination is difficult.

6. The Board of Trustees will maintain appropriate records of preference and non-preference enrolled numbers.

The School in the Wider Community1. The school is to be an educational leader in the local and national state school community and a reference

school for Special Character amongst the Christian school community in Australasia.

2. In particular, the Proprietor expects that the school will be an active and collegial member of the Christian Schools’ Network and the New Zealand Association for Christian Schools.

3. The school will be a valued member of the local community contributing selflessly and missionally to meet local community needs.


APPENDIX 2Aidanfield Christian School (formerly Canterbury Christian College) Integration Deed of Agreement


APPENDIX 3KING’S CHRISTIAN SCHOOL TRUST (KCST) SPECIAL CHARACTER STATEMENT


Appendix 4 – Policy 1 Guidelines


Appendix 5Protocols for design and construction of new buildings, major renovations or major landscaping.

To be developed

Appendix 6Protocols regarding after hours use of property by external parties.

To be developed


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