Filling casual vacancies of elected trustees

Advice to boards

Section 105 of the Education Act 1989 provides information on filling casual vacancies of elected trustees which occur during a board’s three-year term of office.

Where a casual vacancy for an elected trustee occurs during any period of six months commencing on the first day of October in a year before an election year, the board may, not later than 28 days after it occurs, resolve not to fill it, and in that case, it shall not be filled. This exemption does not apply to years in which a mid-term election is held.

1. How does a casual vacancy occur?

A casual vacancy takes place when an elected or selected parent representative or an elected staff or student representative:

  1. dies, or
  2. resigns in writing to the board, or
  3. without the prior leave of the board is absent from three consecutive board meetings, or
  4. is no longer eligible to be a trustee (Section 103 Education Act 1989)

2. General

Note: The term of office for the person elected or selected will be for the remainder of the vacating trustee’s term of office.

To receive reimbursement, all claims for actual and reasonable costs for by-elections must be submitted as soon as possible to the Ministry, by furnishing detailed invoices and completing the appropriate form.  The claim form is available on the Ministry’s website

3. Procedure

[OR] (for a parent representative vacancy):

(name of school)

Board of Trustees
Casual Vacancy for an elected trustee

A casual vacancy has occurred on the board of trustees for an elected parent representative.

The board has resolved under section 105 of the Education Act 1989 to fill the vacancy by selection.

If ten percent or more of eligible voters on the school roll ask the board, within 28 days of this notice being published, to hold a by-election to fill the vacancy, then a by-election will be held.

Any eligible voter who wishes to ask the board to hold a by-election should write to:

Board of Trustees

by: (relevant date)

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