New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Every private training establishment shall—
(a) ensure that all printed and other information made available to prospective students gives full details of—
(i) the total fees for each course of study or training, including fees for class or lecture materials, books, special clothing, safety equipment, tools, and any other items that are or may be provided to students enrolled for that course, and including any students association membership fees; and
(ii) the class or lecture materials, books, special clothing, safety equipment, tools, and other items that are or may be required by the establishment to be bought or provided by students enrolled for each course of study or training; and
(b) 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
(c) allow every student enrolled for a course of study or training (being a course of 3 months or more) to withdraw from it at any time within 7 days after the first day of the course for which attendance of students at the establishment is required; and
(d) 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 lesser.
(2) Where, before the seventhth day after the first day of a course of study or training (being a course of 3 months or more) for which attendance of students at the establishment is required, a student has made any payment or payments (whether described as fees or otherwise howsoever) to the establishment in respect of the student's enrolment or participation in the course,—
(a) the establishment shall ensure that there is paid to an independent person approved by the Qualifications Authority for the purpose out of that payment or those payments, to be held in trust to be available for refund to the student under subsection (1)(d), an amount equal to so much of that payment or the sum of those payments as exceeds the lower of the following amounts:
(i) 10% of that payment or the sum of those payments:
(ii) $500:
(b) if, and only if, satisfied that the student withdrew from the course within 7 days after the first day of the course for which attendance of students at the establishment was required, the person shall pay the amount held to the student:
(c) if, and only if, satisfied that the student did not withdraw from the course within 7 days after the first day of the course for which attendance of students at the establishment was required, the person shall (as the case requires) pay the amount held to the establishment, or hold it for the establishment's creditors.
Section 236A: inserted, on 1 January 1992, by section 27(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 236A(1)(a)(i): amended, on 8 July 2000, by section 26(7) of the Education Amendment Act 2000 (2000 No 21).
Section 236A(1)(a)(i): amended, on 11 August 1998, by section 6 of the Education (Tertiary Students Association Voluntary Membership) Amendment Act 1998 (1998 No 90).