GuidesA closer look
What does the law say about school attendance?
Who is responsible for a child being at school, when a child may be away, what schools have to do about absences, what penalties the law sets, the government's current attendance plan and target, and where families can get help.
Every statement on this page comes from an official source: Ministry of Education, New Zealand Legislation (Education and Training Act 2020) and New Zealand Legislation (Education and Training (System Reform) Amendment Act 2026).
Whose responsibility is attendance?
Your child is legally required to be at school every day, unless they are sick.1 Schools and parents are both legally responsible for making sure students attend school every day.2
In more detail: Parents and legal guardians must enrol their child at a registered school when the child turns 6, and make sure their child (including an enrolled 5-year-old) attends school every day the school is open until they are at least 16.3
In the words of the Education and Training Act: Section 35 of the Act says every domestic student must be enrolled at a registered school from their sixth birthday until their 16th birthday.4 Except as the Act provides otherwise, a student must attend a registered school whenever it is open if they are required to be enrolled, or if they are aged 5 and enrolled at a registered school.5 For this rule, a student attends school on a day if the school has been open for instruction for 4 hours or more and the student has been present for 4 hours or more while it was open for instruction.6
When can a child be away from school?
Health guidance is available to help you decide whether your child is well enough to attend school.7 Taking time off school for family holidays or other activities is not an acceptable reason for being away.8 You must let your school know if your child is going to be away, and the school will contact you if your child is absent and you have not told them.9
Exemptions from attendance: Section 45 of the Act says that if the principal is satisfied that a student’s absence is justified, the principal may exempt the student from attending for a period of no more than 5 school days.10 Under section 44 of the Act, on a parent’s application, the Secretary for Education may exempt a student, entirely or partly, from attending school if satisfied that the student is under 10 and the walking distance from home to school is more than 3 kilometres, that the walking distance is more than 5 kilometres, or that it is sensible to exempt the student for some other reason.11
The Education and Training (System Reform) Amendment Act 2026 changes these rules from 1 January 2027: its sections 11 to 13, which relate to exemptions from attendance, come into force on that date.12 Section 11 of that Act repeals section 44 — the exemption from attendance because of walking distance to school or some other reason.13 Section 12 replaces section 45. Under the new section 45, the principal of a State school may exempt a student from attending in accordance with rules made by the Secretary for Education.14 Section 13 replaces section 46 so that it provides for those rules, which may set out the grounds on which a principal may grant an exemption, the type of evidence a principal must receive first, and how long an exemption may last.15
What do schools have to do?
A school’s board (or sponsor) must take all reasonable steps to ensure that the school’s students attend when it is open.16
- Schools must enrol eligible students, take all reasonable steps to make sure students attend when the school is open, and keep an attendance record for each enrolled student.17
- Schools must have an absence notification process and record attendance using an approved electronic attendance register and Ministry-approved attendance codes.18
- Schools record absences and report them to the Ministry of Education.19
Attendance management plans: A board must have an attendance management plan for its school, setting out a strategy and a process for identifying and responding to student absences so that students return to attendance.20 All state and state-integrated schools have been required to have an attendance management plan since the beginning of Term 1 2026.21 A board must make its attendance management plan available to the public on a website maintained by or for the board.22
What is the Stepped Attendance Response?
Schools need to take action when a student's absences reach 3 set limits, or thresholds, and the Stepped Attendance Response (STAR) outlines what those actions should be.23 The thresholds are 5, 10 and 15 days absent in total in one school term, and the count resets at the end of each term.24 Schools should adapt their plan to their own community, but must "have regard" to the STAR when writing it.25 The STAR clarifies that parents are expected to engage with the support offered and to work with schools, the Ministry and other agencies to get their children back to regular attendance.26
An attendance management plan needs to include strategies, actions or interventions at different attendance thresholds, based on the number of days absent in a term, and how the school will identify and respond to barriers to attendance and the underlying causes of absence.27
What penalties does the law set?
If parents do not meet these duties, the school or the Ministry can take legal action, including prosecution under sections 243 and 244 of the Education and Training Act 2020.28
- Under section 243, a parent who fails or refuses to ensure that a child who must be enrolled at a registered school is enrolled commits an offence, with a fine on conviction of up to $3,000.29
- Under section 244, a parent commits an offence if their child, while enrolled at a registered school, does not attend as the Act requires.30 The fine on conviction is up to $30 for every school day the offence occurs, but may not exceed $300 for a first offence or $3,000 for a second or later offence.31
In proceedings under section 243 or 244, it is up to the parent to prove the student’s enrolment at a school, the student’s attendance, or the student’s exemption from enrolment or attendance.32
The Ministry says prosecutions are a last resort, when all other attempts to get a student back to regular attendance have failed and parents or legal guardians are clearly unwilling to comply with the law.33 Schools should only notify the Ministry of a case when all reasonable actions have been taken to get the student back to regular attendance and the student has been chronically absent for 2 or more terms.34
What is the government's attendance plan?
The Ministry defines regular attendance as a student being present for more than 90% of the term.35 The Government has set a target that by 2030, 80% of students are present for more than 90% of the term.36
Initiatives the Ministry lists under the plan: In Term 1 2025, daily reporting and publication of attendance data was introduced to give parents more visibility and transparency.37 A new Attendance Service Delivery Model went live in Term 1 2026, including additional funding for providers.38 The 2026 public information campaign focuses on two key drivers of irregular absence: illness, and holidays in term time.39
The Ministry's progress report for the quarter ending March 2026 says reaching the attendance target is probable.40
Attendance changes by date
The dates on this page, in order, as each source gives them.
Where can families get help?
There can be important reasons why a child is not coming to school, such as long-term illness, bullying or financial challenges for the family; if your child is affected by any of these, talk to your school first.41 Your school will work with you to remove barriers to attending.42 Your school might also connect you with other agencies or alternative education pathways.43
Attendance service providers: There are attendance service providers in all parts of the country, working with schools and families to help get students back to school.44 Schools may refer students to an attendance service provider if they think it may help.45 Attendance service staff might visit you at home to help get your child back to school.46
Sources
Every statement on this page comes from an official page, quoted in full here.
Each numbered statement above is followed here by the words of the official page it comes from. Every quote was checked against its page on .
“Your child is legally required to be at school every day, unless they are sick.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“Schools and parents are legally responsible for making sure students attend school every day.”
Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/man… ↑
“Parents and legal guardians are required to: enrol their child at a registered school when they turn 6 years old make sure their child (including enrolled 5-year-olds) attends school every day the school is open until they are at least 16 years old.”
Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/man… ↑
“35 Domestic students aged between 6 and 16 years must be enrolled at registered school (1) Every domestic student must, during the period beginning on the student’s sixth birthday and ending on the student’s 16th birthday, be enrolled at a registered school.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“Except as provided in this Act, a student is required to attend a registered school whenever it is open if the student— (a) is required to be enrolled at a registered school: (b) is aged 5 years and is enrolled at a registered school.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“For the purposes of this section, a student attends a school on any day if, on the day,— (a) it has been open for instruction for 4 hours or more; and (b) the student has been present for 4 hours or more when it was open for instruction.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“Health guidance is available to help you decide if your child is well enough to attend school.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“Taking time off school for whānau | family holidays or other activities is not an acceptable reason for being away.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“You must let your school know if your child is going to be away from school. Your school will contact you if your child is absent and you have not let them know.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“45 Exemption of student from attendance for period of no more than 5 days (1) Despite section 36 , if satisfied that a student’s absence is justified, the principal of the school may exempt the student from attending the school for a period of no more than 5 school days.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“44 Exemption from attendance because of walking distance to school or some other reason (1) Despite section 36 , the Secretary may, on application by a parent of a student, grant a certificate to the parent of the student that exempts the student (entirely or partly) from attending a school if the Secretary is satisfied that— (a) the student is under the age of 10 years and the walking distance between the student’s residence and the school is more than 3 kilometres; or (b) the walking distance between the student’s residence and the school is more than 5 kilometres; or (c) it is sensible to exempt the student for some other reason.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“sections 11 to 13 (which relate to exemptions from attendance) come into force on 1 January 2027”
New Zealand Legislation (Education and Training (System Reform) Amendment Act 2026) · legislation.govt.nz/act/public/2026/32/en/latest ↑
“11 Section 44 repealed (Exemption from attendance because of walking distance to school or some other reason) Repeal section 44”
New Zealand Legislation (Education and Training (System Reform) Amendment Act 2026) · legislation.govt.nz/act/public/2026/32/en/latest ↑
“12 Section 45 replaced (Exemption of student from attendance for period of no more than 5 days) Replace section 45 with: 45 Exemption of student from attendance (1) Despite section 36, the principal of a State school may exempt a student from attending the school in accordance with rules made by the Secretary under section 46.”
New Zealand Legislation (Education and Training (System Reform) Amendment Act 2026) · legislation.govt.nz/act/public/2026/32/en/latest ↑
“46 Rules about exemptions from attendance (1) The Secretary may make rules (which must be consistent with this Act) specifying requirements that must be met for a principal to exempt a student from attendance under section 45, including (without limitation) rules— (a) setting out the grounds on which a principal may grant an exemption from attendance; and (b) specifying the type of evidence a principal must receive before granting an exemption; and (c) specifying the duration of an exemption that a principal may grant.”
New Zealand Legislation (Education and Training (System Reform) Amendment Act 2026) · legislation.govt.nz/act/public/2026/32/en/latest ↑
“A board or sponsor must take all reasonable steps to ensure that the school’s students attend the school when it is open.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“Schools are required to: enrol eligible students take all reasonable steps to make sure students attend when the school is open keep an attendance record for each enrolled student”
Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/man… ↑
“have an absence notification process use an approved electronic attendance register and Ministry-approved attendance codes to record attendance.”
Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/man… ↑
“Schools will record absences and report them to us.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“A board must have an attendance management plan for its school. (2) The attendance management plan must— (a) set out a strategy and a process for the school to identify and respond to student absences, for the purpose of returning students to attendance”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“All state and state-integrated schools in New Zealand have been required to have an attendance management plan since the beginning of Term 1 2026.”
Ministry of Education · education.govt.nz/suppliers-and-providers/administration/attend… ↑
“A board must ensure that its attendance management plan is available to the public on an Internet site maintained by or on behalf of the board.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“Schools need to take action when a student's absence hits 3 set limits or "thresholds". The STAR outlines what these actions should be.”
Ministry of Education · education.govt.nz/suppliers-and-providers/administration/attend… ↑
“These thresholds apply to the total number of days a student is absent in 1 school term: 5 days 10 days 15 days. The limit is reset at the end of each term.”
Ministry of Education · education.govt.nz/suppliers-and-providers/administration/attend… ↑
“Schools should adapt their attendance management plan to fit their own community, but they must "have regard" for the Stepped Attendance Response (STAR) when writing their plan.”
Ministry of Education · education.govt.nz/suppliers-and-providers/administration/attend… ↑
“parents are expected to engage with the support offered and work with schools, with us, and with other agencies to return their children to regular attendance”
Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/att… ↑
“strategies, actions or interventions at different attendance thresholds based on numbers of days absent in a term how you will identify and respond to attendance barriers and underlying causes of absences”
Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/att… ↑
“Failure to do so can result to the school or us taking legal action, including prosecution under Sections 243 and 244 of the Education and Training Act 2020.”
Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/man… ↑
“243 Offence relating to failure to enrol (1) If a parent of a person required to be enrolled at a registered school fails or refuses to ensure that the person is enrolled at the school, the parent commits an offence and is liable on conviction to a fine not exceeding $3,000.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“244 Offence relating to irregular attendance (1) A parent of a student commits an offence if the student,— (a) while enrolled at a registered school, does not attend the school as required by sections 36 and 42”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“is liable on conviction to a fine not exceeding $30 for every school day on which the offence occurs. (3) However, a fine imposed for an offence against subsection (1) may not exceed $300 for a first offence or $3,000 for a second or subsequent offence.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“In proceedings under section 243 or 244 , the burden of proving any of the following matters in relation to a student is on a parent of the student: (a) the enrolment of the student at a school: (b) the student’s attendance at a school: (c) the student’s exemption from enrolment or attendance at a school.”
New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑
“Prosecutions are a last resort when all other attempts to return a student to regular attendance have failed and there is clearly an unwillingness from parents and/or legal guardians to comply with the law.”
Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/man… ↑
“We should only be notified of a case when all reasonable actions have been taken to return the student to regular attendance and the student has been chronically absent for 2 or more terms.”
Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/man… ↑
“Regular attendance means the student is present for more than 90% of the term.”
Ministry of Education · education.govt.nz/our-work/strategies-policies-and-programmes/a… ↑
“To increase regular attendance rates, the Government has set a target: by 2030, 80% of students are present for more than 90% of the term.”
Ministry of Education · education.govt.nz/our-work/strategies-policies-and-programmes/a… ↑
“In Term 1 2025, daily reporting and publication of attendance data was introduced to increase visibility and transparency for parents.”
Ministry of Education · education.govt.nz/our-work/strategies-policies-and-programmes/a… ↑
“The new Attendance Service Delivery Model went live in Term 1 of 2026, including additional funding for providers”
Ministry of Education · education.govt.nz/our-work/strategies-policies-and-programmes/a… ↑
“The 2026 campaign is focused on two key drivers of irregular absence – illness and holidays in term time.”
Ministry of Education · education.govt.nz/our-work/strategies-policies-and-programmes/a… ↑
“The progress report for the quarter ending March 2026 shows: reaching the attendance target is probable”
Ministry of Education · education.govt.nz/our-work/strategies-policies-and-programmes/a… ↑
“We know there can be important reasons why children aren’t coming to school. This could include long-term illness, bullying, or financial challenges for families. If your child is affected by any of these, talk to your school first.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“Your school will work with you to remove barriers to attending.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“Your school might also connect you with other agencies or alternative education pathways.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“There are attendance service providers in all parts of the country. They work with schools and whānau | families to help get students back to school.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“Schools may refer students to an attendance service provider if they think it may help.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑
“Attendance service staff might visit you at home to help get your child back to school.”
Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑