Part 24 Miscellaneous provisions

Part 24: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).

292 Offences relating to use of certain terms

(1)

A person commits an offence who—

(a)

uses the term university to describe an educational establishment or facility unless the educational establishment and facility—

(i)

is a university; or

(ii)

is a registered establishment or wananga that has the Minister’s consent under section 253C to use the term; or

(iii)

was a university but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a university as set out in section 162(4)(a) and (b)(iii):

(b)

uses the term college of education to describe an educational establishment or facility unless the educational establishment or facility—

(i)

is a college of education; or

(ii)

is a registered establishment or wananga that has the Minister’s consent under section 253C to use the term; or

(iii)

was a college of education but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a college of education as set out in section 162(4)(b)(i):

(c)

uses the term polytechnic to describe an educational establishment or facility unless the educational establishment or facility—

(i)

is a polytechnic or institute of technology; or

(ii)

is a registered establishment or wananga that has the Minister’s consent under section 253C to use the term; or

(iii)

was a polytechnic or institute of technology but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a polytechnic as set out in section 162(4)(b)(ii):

(d)

uses the term institute of technology to describe an educational establishment or facility unless the educational establishment or facility—

(i)

is an institute of technology or a polytechnic; or

(ii)

is a registered establishment or wananga that has the Minister’s permission under section 253C to use the term; or

(iii)

was an institute of technology or a polytechnic but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a polytechnic as set out in section 162(4)(b)(ii).

(2)

A person (other than a university) commits an offence who grants or purports to grant an award that is described as a degree, or the description of which includes the word bachelor, master, doctor, or postgraduate, unless—

(a)

the person has the consent of the Qualifications Authority; or

(b)

as provided by section 192(11).

(3)

A person commits an offence who, without the consent of the Qualifications Authority, grants or purports to grant an award which, or the name or description of which, includes the word national or the words New Zealand.

(4)

A person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000.

Compare: 1989 No 80 s 292

Section 292: replaced, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).

Section 292(1)(a)(ii): amended, on 30 March 2018, by section 35 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 292(1)(b)(ii): amended, on 30 March 2018, by section 35 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 292(1)(c)(ii): amended, on 30 March 2018, by section 35 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 292(1)(d)(ii): amended, on 30 March 2018, by section 35 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 292(4): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).