New Zealand Legislation: Acts

232 Courses for foreign students to be quality assured unless exempt

• (1) A person must not permit a foreign student to begin to undertake a course of study or training at a private training establishment unless—

  • (a) the course is an approved course and the establishment is accredited to provide it; or

  • (b) the course is of less than 3 months' duration and is an exempt course, as provided for in subsection (2).

  (2) The Qualifications Authority may, by notice in the Gazette, exempt courses of study or training for the purpose of subsection (1)(b).

  (3) A notice under subsection (2)—

  • (a) may exempt only courses of study or training that are, or are likely to be, of less than 3 months' duration; and

  • (b) may identify courses, or classes of courses, that are exempt; and

  • (c) may identify courses by reference to a provider, or a class of provider, that offers them; and

  • (d) may be in respect of courses that have been completed, are in progress, or have not yet started; and

  • (e) is a regulation for the purposes of the Regulations (Disallowance) Act 1989 but not a regulation for the purposes of the Acts and Regulations Publications Act 1989.

  (4) For the purposes of this section and section 236(1), a course of study or training is of less than 3 months' duration if the period starting on the day on which the course starts, and ending on the day on which it ends (or is likely to end) is less than 3 calendar months, irrespective of the number of days during that period on which study or training is, or is proposed to be, provided.

  Section 232: substituted, on 1 July 2003, by section 21 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).