Student Loan Scheme Act 1992

  • repealed
  • Student Loan Scheme Act 1992: repealed, on 1 April 2012, by section 225 of the Student Loan Scheme Act 2011 (2011 No 62).
38AE Power of Commissioner to grant exemptions to borrowers who do not satisfy 183-day requirement
  • (1) On the application of a borrower who does not satisfy the 183-day requirement in section 38AB, the Commissioner may, if the Commissioner considers that it is fair and reasonable to do so, grant an exemption to the 183-day requirement to that borrower if the principal reason that the borrower does not satisfy the 183-day requirement is because—

    • (a) the borrower was personally absent from New Zealand in the service in any capacity of the Government of New Zealand; or

    • (b) the borrower was personally absent from New Zealand because he or she was working as a volunteer or for token payment for a charitable organisation that, at the time the borrower did that work, was named in regulations made under this Act (charity); or

    • (c) of an unexpected delay; or

    • (d) of an unplanned personal absence; or

    • (e) the borrower is required to be personally absent from New Zealand because of the borrower's employment or occupation; or

    • (f) the borrower was personally absent from New Zealand because the borrower accompanied his or her wife or husband, civil union partner, or de facto partner (partner) overseas; or

    • (g) the borrower was personally absent from New Zealand because he or she was in 1 or more of Niue, the Cook Islands, Tokelau, or the Ross Dependency.

    (2) If the Commissioner grants an exemption under subsection (1), the Commissioner must specify either—

    • (a) the start and end dates for the period for which the relevant borrower is treated as being personally present in New Zealand for the purposes of section 38AB; or

    • (b) the conditions that must apply or be met in order for the relevant borrower to be treated as being personally present in New Zealand for the purposes of section 38AB.

    (3) The Commissioner may grant an exemption—

    • (a) under subsection (1)(b) in respect of any one borrower for a maximum aggregate period of up to 24 months; and

    • (b) under subsection (1)(f) in respect of any one borrower whose partner was personally absent from New Zealand because the partner was working as a volunteer or for token payment for a charity, for a maximum aggregate period of up to 24 months.

    (3A) The conditions in section 38AEA apply to subsection (1)(b).

    (4) The conditions in section 38AF apply to subsection (1)(c).

    (5) The conditions in section 38AG apply to subsection (1)(d).

    (6) The conditions in section 38AH apply to subsection (1)(e).

    (7) The conditions in section 38AI apply to subsection (1)(f).

    (7A) The conditions in section 38AIA apply to subsection (1)(g).

    (8) A borrower who applies to the Commissioner under this section must supply the Commissioner with all information, and in the manner, that the Commissioner may reasonably require in order to establish whether one of the grounds for the grant of an exemption in subsection (1)(a) to (g) applies.

    (9) Subsections (1)(g) and (7A) apply with effect from 31 March 2009.

    Section 38AE: inserted, on 22 December 2005, by section 7 of the Student Loan Scheme Amendment Act 2005 (2005 No 122).

    Section 38AE(1)(b): amended, on 7 March 2010, by section 10(1) of the Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Act 2010 (2010 No 3).

    Section 38AE(1)(f): amended, on 7 March 2010, by section 10(2) of the Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Act 2010 (2010 No 3).

    Section 38AE(1)(g): added, on 7 March 2010, by section 10(2) of the Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Act 2010 (2010 No 3).

    Section 38AE(3A): inserted, on 1 April 2007, by section 12 of the Student Loan Scheme Amendment Act 2007 (2007 No 13).

    Section 38AE(7A): inserted, on 7 March 2010, by section 10(3) of the Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Act 2010 (2010 No 3).

    Section 38AE(8): amended, on 7 March 2010, by section 10(4) of the Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Act 2010 (2010 No 3).

    Section 38AE(9): added, on 7 March 2010, by section 10(5) of the Student Loan Scheme (Exemptions and Miscellaneous Provisions) Amendment Act 2010 (2010 No 3).