New Zealand Legislation: Acts

236 Grant or refusal of application

• (1) The Qualifications Authority must grant an application for registration of a private training establishment, and may only grant such an application, if it is satisfied that—

  • (a) the establishment is a suitable body to be registered having regard to the goals and purposes set out in the statement that accompanied the application in accordance with section 235(b); and

  • (b) the establishment has, or will at the relevant time have, adequate staff, equipment, and premises to provide its courses of study or training; and

  • (ba) the establishment—

    • (i) in the case of an establishment that is already operational, has acceptable financial management practices and performance; and

    • (ii) in the case of an establishment that is not already operational, is likely to have acceptable financial management practices and performance; and

  • (c) the establishment complies, or is capable of complying and likely to comply, with section 236A; and

  • (d) the establishment—

    • (i) provides, or will provide, every prospective student with a written statement of the total course costs and other financial commitments associated with each course of study or training before accepting that student's enrolment; and

    • (ii) allows, or will allow, every student enrolled for a course of study or training (other than a course of less than 3 months' duration) to withdraw from it at any time within 7 days after the first day of the course for which the attendance of students at the establishment is required; and

    • (iii) refunds, or will refund, to every student who so withdraws, without deduction, so much of any payment, or of the sum of any payments, made by the student to the establishment in respect of that course, and, if withdrawal from that course also constitutes withdrawal from the establishment as a whole, in respect of enrolment at the establishment, as exceeds $500 or 10% of the amount of that payment or of the sum of those payments, whichever is the less; and

    • (iv) allows, or will allow, every foreign student enrolled for a course of study or training that is of less than 3 months' duration to withdraw from it within a period (being less than 7 days) specified by the Authority, and refunds, or will refund, to any student who so withdraws a minimum amount or proportion, specified by the Authority, of any payments made by the student to the establishment in respect of the course; and

  • (e) the standard of instruction that is or will be provided in the courses of study or training will be not lower than the standard that would be expected to be provided if the courses were provided at a polytechnic or college of education.

  (2) Registration may be granted without limitation as to time or for a specified period.

  (3) The grant of registration to a private training establishment does not entitle the establishment or its governing body, or any of its students, to receive financial assistance out of public money appropriated by Parliament.

  (4) The Authority must give written notice to a private training establishment when it grants or refuses to grant registration and, if it refuses registration, it must give reasons for the refusal.

  Section 236: added, on 23 July 1990, by section 40 of the Education Amendment Act 1990 (1990 No 60).

  Section 236(1): amended, on 1 January 2003, by section 22(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 236(1): amended, on 1 January 2003, by section 22(2)(b) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 236(1)(b): amended, on 1 January 2003, by section 22(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 236(1)(ba): inserted, on 1 January 1992, by section 26(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 236(1)(c): substituted, on 1 January 1992, by section 27(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 236(1)(d)(ii): amended, on 1 January 2003, by section 22(4) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 236(1)(d)(ii): amended, on 1 January 1992, by section 26(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 236(1)(d)(iv): added, on 1 January 2003, by section 22(5) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 236(1)(e): amended, on 1 January 2003, by section 22(2)(a) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 236(4): added, on 1 January 2003, by section 22(6) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).