(1) In this Part and Part 13A to Part 24, and in Schedules 13 to 17, unless the context otherwise requires,—
academic year means a period of 12 months commencing on 1 January
accreditation means an accreditation granted by the Qualifications Authority under section 250
approved programme means a programme approved by the Qualifications Authority under section 249
approved programme or training scheme means an approved programme or approved training scheme
approved training scheme means a training scheme approved by the Qualifications Authority under section 251
award means—
(a) a certificate, diploma, degree, or other qualification that is listed on the Qualifications Framework; or
chief executive, in relation to an institution, means the person who, by whatever name the person is called, is the chief executive of the institution and includes a person for the time being performing the duties of the chief executive of the institution
college of education means, subject to subsection (3), a body referred to in section 162(1)(b) or a body established as a college of education under section 162(2)
Commission means the Tertiary Education Commission established under section 159C
constitutents, in relation to an institution, means the people who (by virtue of section 163) constitute it
council, in relation to an institution, means the body that governs the institution in accordance with section 165
domestic student, at any time, means a person who is then—
enrol includes admit and enrolment and enrolled have corresponding meanings
equivalent full-time student formula means the formula of that name that is based on the student workload that would normally be carried out by a full-time student in a single academic year
existing institution means—
(b) a body that was established immediately before the day on which the Education Amendment Act 1990 received the Royal assent, or is established on or after that day and before 1 January 1991, as a polytechnic, institute of technology, technical institute or community college under the Education Act 1964
existing non-university institution means an existing institution other than a body specified in Part 1 of Schedule 13
functions, except where the expression occurs in a provision setting out the functions of a body, includes duties
funding approval means a decision made by the Commission under section 159YA to fund (in whole or in part) some or all of the tertiary education programmes and activities described in an organisation's proposed plan under section 159P(d)(i) and (ii)
give public notice means to publish a notice in the Gazette that—
government training establishment means any establishment that is—
grant, in relation to an award, includes confer and issue
industry training organisation means a body corporate for the time being recognised under section 5 or section 8(1) of the Industry Training Act 1992
land includes any legal or equitable estate or interest in, or right, power or privilege over, or in connection with, land
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
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
personal property includes money
plan means a plan in relation to which funding approval has been given
polytechnic means, subject to subsection (3),—
(a) a body that was established immediately before the day on which the Education Amendment Act 1990 received the Royal assent, or is established on or after that day and before 1 January 1991, as a polytechnic, institute of technology, technical institute or community college under the Education Act 1964; or
private training establishment means an establishment, other than an institution, that provides post-school education or vocational training
proceeding means any legal or administrative proceeding, and includes an arbitration
programme, in relation to an institution within the meaning of section 249(1), means a programme of study or training leading to a qualification listed on the Qualifications Framework
proposed plan means a proposed plan in relation to which an organisation is seeking funding approval
Qualifications Authority means the New Zealand Qualifications Authority established by Part 20
Qualifications Framework means the framework referred to in section 248
Regional Employment and Access Council means a council of that name established under section 7 of the Access Training Scheme Act 1988
registered establishment means a private training establishment that has been granted registration by the Qualifications Authority under Part 18, other than a registration that has been cancelled
Secretary means the chief executive of the Ministry
specialist college means, subject to subsection (3), a body established as a specialist college under section 162(2)
staff, in relation to an institution, does not include the chief executive of the institution
student member, in relation to the council of an institution, means a member of that council referred to in section 171(2)(e)
tertiary education provider means all or any of the following, but does not include an industry training organisation:
(d) any other person or body that provides, or proposes to provide, tertiary education and that is funded through non-departmental output classes from Vote Education (for example, community education providers)
tertiary education strategy means the latest strategy document issued under section 159AA
training scheme means study or training that—
university means, subject to subsection (3), a body referred to in section 162(1)(a) or a body established as a university under section 162(2)
University Grants Committee means the University Grants Committee established under Part 1 of the Universities Act 1961
Vice-Chancellor, in relation to a university, means the chief executive of the university, by whatever name called
Vice-Chancellors Committee means the New Zealand Vice-Chancellors Committee established by Part 19
wananga means, subject to subsection (3), a body established as a wananga under section 162(2).
(2) 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 the definitions of assisted student and exempt student in 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.
(3) The definitions of the terms college of education, polytechnic, specialist college, university and wananga do not apply for the purposes of subsections (1), (2), and (4) of section 162.
(4) The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence class visa granted under the Immigration Act 2009 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),—
(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 159: added, on 23 July 1990, by section 35 of the Education Amendment Act 1990 (1990 No 60).
Section 159(1): amended, on 1 January 2003, by section 7(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) accreditation: substituted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approval: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approved nationally recognised course: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approved programme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approved programme or training scheme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approved training scheme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) assisted student: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) association: repealed, on 1 January 2003, by section 7(5) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) association of students: repealed, on 8 July 2000, by section 26(6) of the Education Amendment Act 2000 (2000 No 21).
Section 159(1) award: substituted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) charter: repealed, on 1 January 2008, by section 6(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) Chief Review Officer: repealed, on 25 June 1993, by section 26(1) of the Education Amendment Act 1993 (1993 No 51).
Section 159(1) combined council: inserted, on 18 December 2009, by section 4 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 159(1) Commission: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) constitutents: inserted, on 18 December 2009, by section 4 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 159(1) course of study or training: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) designated polytechnic: inserted, on 18 December 2009, by section 4 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 159(1) domestic student: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Section 159(1) domestic student: amended, on 30 August 2011, by section 17(3) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) exempt student: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) foreign student: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) funding approval: inserted, on 1 January 2008, by section 6(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) give public notice: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) government training establishment: substituted, on 25 June 1993, by section 13(1) of the Education Amendment Act 1993 (1993 No 51).
Section 159(1) government training establishment paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159(1) industry training organisation: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) institution paragraph (ba): inserted, on 1 January 2003, by section 7(4) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) international student: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) Minister: substituted, on 1 January 1992, by section 2(5) of the Education Amendment Act No (4) 1991 (1991 No 136).
Section 159(1) Ministry: substituted, on 1 January 1992, by section 2(5) of the Education Amendment Act No (4) 1991 (1991 No 136).
Section 159(1) nationally recognised award: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) New Zealand apprenticeship committee: repealed, on 20 May 2010, by section 44 of the Education Amendment Act 2010 (2010 No 25).
Section 159(1) plan: inserted, on 1 January 2008, by section 6(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) polytechnic council: inserted, on 18 December 2009, by section 4 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 159(1) profile: repealed, on 1 January 2008, by section 6(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) programme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) proposed plan: inserted, on 1 January 2008, by section 6(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) Qualifications Framework: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) reconstitution day: inserted, on 18 December 2009, by section 4 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 159(1) specialist college: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) statement of tertiary education priorities: repealed, on 1 January 2008, by section 6(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) tertiary education provider: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) tertiary education strategy: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) tertiary education strategy: amended, on 1 January 2008, by section 6(3) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) training scheme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(2)(a): amended, on 1 July 1993, pursuant to section 9(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).
Section 159(3): amended, on 1 January 2003, by section 7(6) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(4): added, on 1 January 2003, by section 7(7) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Section 159(5): added, on 1 January 2003, by section 7(7) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(6): added, on 1 January 2003, by section 7(7) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).