Can a parent be charged for a child’s truancy

24 June 2025by Naomi

Can a Parent Be Charged for a Child’s Truancy in New Zealand?

Truancy, or a child’s unauthorized absence from school, is a serious issue that can have legal consequences for parents in New Zealand. As a parent, it is crucial to understand your responsibilities and the potential ramifications of your child’s truancy under New Zealand law.

If you are facing legal issues related to your child’s truancy, it is essential to seek the advice of an experienced family lawyer. Naomi Cramer is a top New Zealand family lawyer who can provide the guidance and representation you need to navigate this challenging situation.

The Education Act 1989 and Truancy

In New Zealand, the Education Act 1989 governs matters related to education, including truancy. Under this Act, parents have a legal obligation to ensure that their children attend school regularly from the age of 6 until they turn 16.

Section 29 of the Education Act 1989 states:

The parent of a person who,—

(a) while enrolled at a registered school, does not attend as provided in section 25; or

(b) while enrolled at a correspondence school, does not do the work of the course in which the student is enrolled—

commits an offence, and is liable on conviction to a fine not exceeding $30 for every school day on which the offence occurs.

Consequences of Truancy for Parents

Parents who fail to ensure their child’s regular attendance at school can face legal consequences. If a child is consistently truant, the school may refer the matter to the Ministry of Education’s Attendance Service. The Attendance Service will work with the family to address the underlying issues and improve the child’s attendance.

If the truancy persists, the parent may be charged with an offence under the Education Act 1989. Upon conviction, the parent can be fined up to $30 for each school day the offence occurs. In severe cases, the court may impose additional penalties, such as community service or even imprisonment.

Defences and Exceptions to Truancy Charges

There are some defences and exceptions to truancy charges that parents should be aware of. For example, if the child’s absence is due to illness, injury, or other reasonable cause, the parent may not be held liable. Additionally, if the child is absent due to a cultural or religious observance, this may be considered a valid reason for non-attendance.

However, it is important to note that these defences and exceptions are not automatic. Parents must provide evidence to support their claims and demonstrate that they have taken reasonable steps to ensure their child’s attendance.

The Importance of Addressing Truancy Early

Truancy can have long-lasting effects on a child’s education and future prospects. Children who regularly miss school are more likely to fall behind academically, struggle with social relationships, and engage in delinquent behavior. As a parent, it is crucial to address truancy issues early and work with the school and other support services to ensure your child’s regular attendance.

If you are facing truancy-related legal issues, seeking the advice of an experienced family lawyer like Naomi Cramer can make a significant difference in the outcome of your case. Naomi Cramer has extensive experience handling truancy cases and can provide the legal guidance and representation you need to protect your rights and your child’s best interests.

Can a Parent Be Charged for a Child’s Truancy in New Zealand?

In conclusion, yes, a parent can be charged for their child’s truancy in New Zealand under the Education Act 1989. Parents have a legal obligation to ensure their child’s regular attendance at school, and failure to do so can result in fines and other penalties. However, there are some defences and exceptions to truancy charges, and it is essential to seek the advice of an experienced family lawyer like Naomi Cramer if you are facing legal issues related to your child’s truancy.

Don’t let truancy issues escalate – take action now and contact Naomi Cramer for the legal support you need to ensure your child’s educational success and well-being.

No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.

by Naomi

Naomi Cramer is an Criminal and Family Law Specialist with over 25 Years Experience.

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