Education Amendment Act 2000

25 New sections 229A to 229D substituted
  • The principal Act is amended by repealing sections 229A to 229R and the Part heading above section 229A, and substituting the following sections:

    229A Institutions at which membership of students association is compulsory
    • (1) This section applies to every institution at which membership of a students association is compulsory.

      (2) The students association that, at the commencement of this section, is recognised by the Council of the institution as being the institution's students association for the purpose of representation on the Council, is the students association at that institution for the purposes of section 171(2)(e), this section, and sections 229B and 229C.

      (3) The Council must, if asked to by the institution's student association, collect the membership fees of the association, but only if the association provides the Council with—

      • (a) a copy of its current constitution; and

      • (b) an independently audited set of financial accounts of the association for the last financial year.

      (4) The Council must pay all membership fees collected on behalf of the students association to the association in a timely manner, but may charge the association for the actual and reasonable costs incurred by the Council in collecting the fees.

      (5) A students association may, on the grounds of hardship, exempt any student from the obligation to pay the membership fee of the association; and a student so exempted may nonetheless be a member of the association.

      (6) A students association may exempt any student from membership of the association on the grounds of conscientious objection; and, if exempted, the association must pay the student's membership fee to a charity of its choice.

      (7) Every students association must ensure that information about the rights in subsections (5) and (6) is available to students before enrolment, and must make rules for dealing in a fair, timely, and consistent way with applications for exemption under either subsection.

    229B Initiating change relating to compulsory membership of students association
    • (1) The students of an institution at which membership of a students association is compulsory may request the Council to conduct a vote of all students at the institution on whether membership of the students association should continue to be compulsory.

      (2) The students of an institution at which membership of a students association is not compulsory may request the Council to conduct a vote of all students at the institution on whether membership of a specified students association at the institution should become compulsory.

      (3) A request under subsection (1) or subsection (2) is not effective unless it is accompanied by a petition requesting the vote, signed by at least 10% (as calculated according to figures provided by the Ministry) of all students currently enrolled at the institution.

    229C Council to conduct vote on issue of compulsory membership of students association
    • (1) A Council that receives an effective request under section 229B must conduct (and pay for) a vote of all students at the institution as soon as practicable after receiving the request, but may not hold a vote more than once every 2 years.

      (2) The Council must make statutes setting out the procedures for conducting a vote under this section in consultation with,—

      • (a) in the case of an institution at which membership of a students association is compulsory, the institution's students association; or

      • (b) in the case of an institution at which membership of a students association is not compulsory, any associations that represent students and that the Council considers should be consulted.

      (3) The result of a vote of students held under this section determines whether, in and after the following year, membership of the association referred to in the vote is compulsory or not.

      (4) Despite subsection (1), a vote may be held in 2000 under this section.

    229D Sections 229A to 229C apply to private training establishments
    • Sections 229A to 229C apply to private training establishments; and, for the purpose of those sections,—

      • (a) every reference to an institution includes a reference to a private training establishment; and

      • (b) every reference to a Council includes a reference to the governing body of the private training establishment.