A complaint over a teacher’s political comments on Facebook has sparked calls for the Teaching Council to throw it out, with ACT Party Education spokesperson Laura McClure labelling the case “vexatious” and a threat to free speech.

The complaint, lodged by a member of the public, concerns comments the teacher posted under a New Zealand First video titled “Winston Peters: We’re removing the indoctrination obsession from education.” The teacher criticised the Teaching Council for submitting against the Government’s Treaty Principles Bill, writing:

“The Teaching Council have recently made a submission AGAINST the Treaty Principles Bill on behalf of ALL teachers. Nobody asked me what my opinions are. I am a primary school teacher who is fed up with the indoctrination going on in the education sector. The Maorification of school life is going too far… What is NZ First going to do about this?”

The complaint alleges this comment breaches the Council’s requirement for “manaakitanga: creating a welcoming, caring, and creative learning environment,” and calls for the teacher to be required to complete an “Unteach Racism” programme.

McClure said the complaint is politically motivated and an attempt to punish someone for holding an unpopular view.

“This teacher has a right, like anyone else, to express their opinions freely on social media,” she said. “The Teaching Council cannot use its Code of Conduct to silence people having a political opinion outside the classroom. That itself would be a potential breach of the law.”

She also said teachers had contacted her directly to say they felt the Council’s submission did not reflect their views or speak on their behalf.

The Free Speech Union, which is representing the teacher, has written to the Teaching Council’s Investigations Advisor urging it to dismiss the complaint.

In a letter signed by senior in-house counsel Hannah Clow, the Union said the complaint is part of a growing pattern where individuals target professionals subject to regulation simply for expressing unpopular views.

“There has been a concerning trend of individuals actively searching online for those who express views they disagree with… solely to lodge complaints against them,” the letter said. “Such actions are often vexatious and unrelated to genuine concerns about a person’s ability to perform their role.”

The Union said teachers do not lose their civil liberties upon entering the profession and argued that the Council has no authority to regulate personal political commentary made outside the classroom.

“She is entitled to express her views on education without fear of a Teaching Council investigation,” the Union said. “This principle is fundamental to the values of a liberal democracy.”

The Free Speech Union warned that if the complaint proceeds further, it will publicly advocate for the teacher’s right to free expression.

In response, the Teaching Council declined to comment to chrislynchmedia.com on the specific case, citing confidentiality, but said all complaints are carefully assessed in line with the law.

“In general, the Teaching Council cannot comment on specific matters as these are private and confidential to those involved,” it said. “However, we are required to always carefully consider every complaint and mandatory report we receive. The teacher or their representative is always given the opportunity to respond before the Triage Committee makes any decisions.”

The Council said not all complaints lead to formal investigations, with around 40 percent of matters resolved at the triage stage without further action.

It also defended its professional standards and its submission to Parliament, saying the Code of Professional Responsibility was developed in consultation with teachers and reflects the expectations of the profession.

“All teachers are entitled to hold personal beliefs and ideologies,” the Council said. “It is possible to be true to your own beliefs and be a teacher. However, it is essential they do not use their position of authority to enforce, impose, or promote their views onto students.”

The Council said its top priority remains the safety and wellbeing of learners in the classroom, supported by high-quality, professional teachers.