Education Act 1989

2 Interpretation

• (1) In this Part, and Parts 2, 3, and 11, unless the context otherwise requires,—

  assisted student means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government

  board means a board of trustees constituted under Part 9; and,—

  • (a) in relation to a school, means the school's board; and

  • (b) in relation to a principal, means the board of the principal's school

  Chief Review Officer means the chief executive of the Education Review Office

  composite school has the same meaning as in section 145(1)

  correspondence school has the same meaning as in section 145(1)

  doctor means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

  domestic student, at any time, means a person who is then—

  • (a) a New Zealand citizen; or

  • (b) the holder of a residence permit under the Immigration Act 1987 who satisfies the criteria (if any) prescribed by regulations made under subsection (4); or

  • (c) by virtue of paragraph (a) or paragraph (b) or paragraph (f) of section 11(1) of that Act, exempt from the requirement to hold a permit granted under that Act; or

  • (d) exempted under section 12 of that Act from the requirement to hold a permit granted under that Act; or

  • (e) a person of a class or description of persons required by the Minister, by notice in the Gazette, to be treated as if they are not foreign students

  enrolment scheme means a scheme adopted (and not since abandoned) under section 11H; and includes any amendments to the scheme that have been adopted under section 11M

  exempt student means a foreign student who—

  • (a) is in New Zealand to study under an exchange programme approved by the New Zealand Government; or

  • (b) is for the time being exempted under section 4C

  foreign student, at any time, means a person who is not then a domestic student

  hostel means a boarding establishment used mainly or solely for the accommodation of students enrolled at a registered school

  intermediate school has the same meaning as in section 145(1)

  Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part, and Parts 2, 3, and 11

  Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Part, and Parts 2, 3, and 11

  overcrowding, in relation to a school, means the attendance at the school of more students than its site or facilities can reasonably be expected to take

  parent, in relation to any person, means a person who is the person's mother, father, or guardian

  primary school has the same meaning as in section 145(1)

  principal means the chief executive of a State school or an institution established under this Act; and, in relation to a school or an institution, a person enrolled at a school or institution, or the enrolment of a person at a school or institution, means the principal of the school or institution

  registered school means a school that is a State school, or a school registered under section 35A

  secondary school has the same meaning as in section 145(1)

  Secretary means the chief executive of the Ministry

  special education means education or help from a special school, special class, special clinic, or special service

  State school means a school that is a primary school, a composite school, or a secondary school

  student, in relation to a school or institution, means a person enrolled at the school or institution

  walking distance, in relation to travel between a person's residence and a school,—

  • (a) where there is no public transport that the person can conveniently use, means the distance (measured along the most direct route by public road, public footpath, or combination of both) between the residence and the school; and

  • (b) where in both directions there is public transport that the person can conveniently use, means the sum of the following distances (each measured along the most direct route by public road, public footpath, or combination of both) or, where the sum is greater in one direction than the other, the greater sum:

    • (i) the distance between the residence and the place where public transport must first be taken (or, as the case may be, finally be left); and

    • (ii) the distance between the school and the place where public transport must finally be left (or, as the case may be, first be taken); and

    • (iii) every intermediate distance between one element of public transport and another

  (2) In this Part, and Parts 2 and 3, unless the context otherwise requires, the terms special class, special clinic, special school, and special service have the meanings assigned to them by section 2 of the Education Act 1964.

  (3) In the absence of proof to the contrary,—

  • (a) a certificate signed by the chief executive of the Ministry of Foreign Affairs and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or

  • (b) a certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—

  is, for the purposes of subsection (1), conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.

  (4) The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence permit under the Immigration Act 1987 must satisfy in order to fulfil the requirements of paragraph (b) of the definition of domestic student in subsection (1).

  (5) Regulations made under subsection (4),—

  • (a) if made on or before 30 June in any year, expire on the close of 31 December of that year unless they are expressly confirmed by Act of Parliament passed during that year; and

  • (b) if made on or after 1 July in any year, expire on the close of 31 December in the following year unless they are expressly confirmed by Act of Parliament passed before the end of that following year.

  (6) The expiry of regulations made under subsection (4) does not affect the validity of any act done pursuant to, or in accordance with, the regulations before the date on which the regulations expire.

  Section 2(1) assisted student: inserted, on 1 January 1990, by section 3(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) composite school: inserted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) correspondence school: substituted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) doctor: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 2(1) domestic student: substituted, on 23 July 1990, by section 2(1) of the Education Amendment Act 1990 (1990 No 60).

  Section 2(1) domestic student paragraph (b): substituted, on 1 January 2003, by section 4(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 2(1) enrolment scheme: substituted, on 19 December 1998, by section 2 of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 2(1) enrolment scheme: amended, on 8 July 2000, by section 26(1) of the Education Amendment Act 2000 (2000 No 21).

  Section 2(1) exempt student: inserted, on 1 January 1990, by section 3(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) exempt student paragraph (b): amended, on 1 January 1992, by section 3(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 2(1) foreign student: substituted, on 23 July 1990, by section 2(1) of the Education Amendment Act 1990 (1990 No 60).

  Section 2(1) hostel: inserted, on 25 October 2001, by section 3 of the Education Standards Act 2001 (2001 No 88).

  Section 2(1) intermediate school: inserted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) Minister: substituted, on 1 January 1992, by section 2(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 2(1) Ministry: substituted, on 1 January 1992, by section 2(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 2(1) overcrowding: inserted, on 20 June 1991, by section 6(1) of the Education Amendment Act 1991 (1991 No 43).

  Section 2(1) primary school: substituted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) registered school: substituted, on 1 January 1990, by section 9(2) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) secondary school: substituted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(2): amended, on 1 January 1990, by section 15(2) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(3): added, on 1 January 1990, by section 3(2) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(3)(a): amended, on 1 July 1993, pursuant to section 9(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

  Section 2(4): added, on 1 January 2003, by section 4(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 2(5): added, on 1 January 2003, by section 4(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 2(6): added, on 1 January 2003, by section 4(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).