New Zealand Legislation: Acts

4 Enrolment of foreign students

• (1) Subject to section 4A(3), a foreign student—

  • (a) shall not be enrolled at a State school without the board's consent; and

  • (b) shall not be enrolled in special education without the consent of the person or body administering the institution or service concerned; but

  (2) Subject to section 4B and to subsections (3) and (4) of this section, once enrolled at a State school or in special education a foreign student has the same rights to remain enrolled, and to tuition, at the school as a domestic student.

  (3) Except as provided in subsection (5) or subsection (6), no foreign student who is not an exempt student shall be enrolled at a State school if the student's enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.

  (4) Except as provided in subsection (5) or subsection (6), no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at a State school if the student's enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject or course and has applied for enrolment in it is not able to be enrolled in it.

  (5) Any assisted student may be enrolled at a State school, or in a subject, course, or programme at a State school, by agreement between the board and the chief executive of the Ministry of Foreign Affairs and Trade.

  (6) Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at a State school, or in any subject, course, or programme at a State school, if the enrolment is in a vacant place—

  • (a) that the board established for foreign students; and

  • (b) whose continued availability is dependent on the fees payable by foreign students enrolled in it.

  (7) As soon as is practicable after a foreign student is enrolled at a State school, the principal shall give the Secretary written notice of—

  • (a) the student's name, age, and nationality; and

  • (b) the day on which the student began (or will begin) to receive tuition at the school.

  (8) Notwithstanding anything in this section or section 4B, with the consent of the principal, a foreign student may, during a period of not more than 28 consecutive days (or any longer period the Secretary approves for any particular student), receive tuition at or from a State school—

  • (a) without the consent of the board; and

  • (b) without paying the amount required by section 4B;—

  but in that case the student shall not be counted for the purpose of calculating or ascertaining the schools entitlement to teachers or funding.

  Section 4: substituted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 4(5): amended, on 1 July 1993, pursuant to section 9(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).