Man convicted of indecent assault teaching in Auckland

A teacher who had to pay a man $10,000 after indecently assaulting him was back in the classroom just months later.

And a loophole in the registration system means principals and parents have no idea of his history.

The music teacher was discharged without conviction in a district court in May last year. He avoided conviction after pleading guilty to indecent assault on a 24-year-old English tourist, and agreeing to pay his victim $10,000.

Just over a year later, the man was teaching at an Auckland college - and he is fully registered until July 2009, meaning the Teacher's Council renewed his registration in July this year. Before the offence, the teacher had spent 10 years at two other Auckland schools.

The case comes a week after a Herald on Sunday investigation showed the Teachers Council was knowingly registering teachers who admitted sexually abusing minors, had sex with students or held drug or assault convictions. Experts say it has raised further questions over the safety of children in New Zealand classrooms.

The assault involving the music teacher happened at his home in July 2004. After the court hearing, the teacher returned to Auckland and applied for teaching positions at least one other high school.

One outraged principal told the Herald on Sunday he had almost hired the teacher - then changed his mind after hearing of the incident purely by chance "on the grapevine".

The principal of the school that did hire the teacher said he had no idea of the offence when he hired him as a relief teacher this year.

"I'm extremely surprised about this," the principal said. "I had no knowledge whatsoever."

Teachers at most schools were required to fill in a contract declaring whether they had any convictions. But because the teacher had been discharged without conviction - despite his guilty plea and the $10,000 reparation order - he did not have to reveal the offence.

"He was able to fill that in quite honestly," the principal said. "I had no idea. Certainly all his paperwork was in order. He was registered as a teacher and came with very good references, and did a good job. He's an inspiring music teacher." The principal said he "certainly wouldn't say no" if Teachers Council requirements were tightened so that teachers who had been discharged without conviction had to declare that history to employers.

"It's obviously worth knowing as much as you can about someone before you hire them."

Had he known more about the teacher's background, "it may have affected the decision" to hire him.