Education Act 1989

159YC Conditions on receiving funding under section 159YA

(1)

It is a condition of an organisation receiving funding under section 159YA that the organisation will supply to the Commission or Ministry, from time to time as required by the Commission or Ministry, and in a form specified by the Commission or Ministry, any financial, statistical, or other information that the Commission or Ministry requires the organisation to supply.

(2)

The Commission may give funding approval subject to conditions, but only if the conditions are—

(a)

conditions the Minister has determined the Commission must attach to funding under section 159L(3)(d); or

(b)

conditions that the Commission considers necessary to ensure that the specified outcomes in a plan that relate to tertiary education programmes and activities in relation to which funding is being given are being achieved or will be achieved; or

(c)

conditions that the Commission considers reasonably necessary to enable the Commission to effectively monitor the performance of organisations and the tertiary education sector generally.

(2A)

If the Commission intends to give funding approval subject to a condition of the type described in subsection (2)(c), the Commission must, before giving funding approval,—

(a)

give the affected organisation at least 21 days’ notice of the proposed condition; and

(b)

consider any submissions on the proposed condition made by the organisation.

(3)

The Commission may at any time (including during a funding period) amend any condition imposed under subsection (2).

(4)

The amendment to the condition takes effect when the organisation has been given reasonable notice of it.

Section 159YC: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

Section 159YC(2)(b): amended, on 30 March 2018, by section 14(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 159YC(2)(c): inserted, on 30 March 2018, by section 14(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 159YC(2A): inserted, on 30 March 2018, by section 14(3) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).