Modern Apprenticeship Training Act 2000

Reprint
as at 1 January 2003

Crest

Modern Apprenticeship Training Act 2000

Public Act2000 No 94
Date of assent14 December 2000
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

The Act is administered by the Ministry of Education.

Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose of this Act

4 Interpretation

5 Apprenticeship training defined

6 Apprenticeship training agreements to have effect as employment agreements

7 Approved code of practice to be taken into account by mediation personnel, Employment Relations Authority, and Employment Court

8 Crown bound

Part 2
Apprenticeship training

Commission's functions and powers

9 Commission's main function

10 Requirements relating to funding agreements

11 ITOs may be apprenticeship co-ordinators

12 Additional functions of Commission

13 Commission may require co-ordinator to give information

14 Commission's other functions, powers, or duties not affected

Apprenticeship co-ordinators' functions, duties, and liabilities

15 Co-ordinators' functions

16 Additional functions of co-ordinators

17 Matters co-ordinators to have regard to

18 Co-ordinators' liabilities

Application of Health and Safety in Employment Act 1992

19 Application of Health and Safety in Employment Act 1992

Part 3
Code of practice

Approval of code of practice

20 Minister may approve code

21 Purpose of code

22 Content of code

23 Development and recommendation of code

24 Minister may decline to approve code recommended

25 Minister may issue other code

Provisions relating to approved code of practice

26 When approved code comes into force

27 Availability of approved code

28 Proof of approved code

29 Disallowance of approved code

30 Amendment, revocation, and replacement of approved code

1 Title

  • This Act is the Modern Apprenticeship Training Act 2000.

Part 1
Preliminary provisions

2 Commencement

  • This Act comes into force on 1 January 2001.

3 Purpose of this Act

  • The purpose of this Act is to encourage and help people (especially those aged 16 years or older, but younger than 22 years) to take up and complete apprenticeship training.

4 Interpretation

  • In this Act, unless the context otherwise requires,—

    apprentice means a person receiving apprenticeship training

    apprenticeship co-ordinator—

    • (a) means a body corporate, person, or body of persons, with whom the Commission has entered into a funding agreement; and

    • (b) in relation to a funding agreement, means the apprenticeship co-ordinator or co-ordinators concerned

    apprenticeship training has the meaning given to it by section 5

    apprenticeship training agreement means an agreement—

    • (a) between an employee and his or her employer that relates to the employee's receiving, or provides for the employee to receive, apprenticeship training; or

    • (b) between an apprenticeship co-ordinator and a person employed by the co-ordinator that relates to the person's receiving, or provides for the person to receive, apprenticeship training

    approved code of practice means the code of practice (if any) for the time being—

    Commission means the Tertiary Education Commission established by section 159C of the Education Act 1989

    employed, in relation to a co-ordinator, includes employed by a body corporate in the management of which the co-ordinator is involved

    employment agreement means an employment agreement as defined in section 5 of the Employment Relations Act 2000

    funding agreement—

    • (a) means a written agreement between the Commission and 1 or more bodies corporate, persons, or bodies of persons, providing for the bodies or persons—

      • (i) to perform, in respect of an industry or industries described in the agreement, the functions and duties stated in sections 15 to 17; and

      • (ii) to receive money from the Commission for the purpose; and

    • (b) in relation to an apprenticeship co-ordinator, means the funding agreement the apprenticeship co-ordinator has entered into

    industry means 2 or more enterprises that use—

    • (a) similar inputs and methods of production to produce similar products; or

    • (b) similar methods to provide similar services

    ITO means an industry training organisation as defined in section 2 of the Industry Training Act 1992

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    national qualification means a qualification registered on the National Qualifications Framework

    National Qualifications Framework means the framework for national qualifications in secondary schools and in post-school education and training developed by the Qualifications Authority under section 253(1)(c) of the Education Act 1989

    Qualifications Authority means the New Zealand Qualifications Authority established by Part 20 of the Education Act 1989

    similar includes the same, and related

    skills includes methods, and knowledge.

    Section 4 Agency: repealed, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 4 apprenticeship co-ordinator paragraph (a): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 4 Commission: inserted, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 4 funding agreement paragraph (a): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 4 funding agreement paragraph (a)(ii): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

5 Apprenticeship training defined

  • For the purposes of this Act, apprenticeship training is training in the skills of an industry—

    • (a) provided for a person who is working in the industry while undertaking the training; and

    • (b) provided partly or wholly where the person works, and—

      • (i) if the person is not employed by an apprenticeship co-ordinator, mainly by or on behalf of the person's employer; but

      • (ii) if the person is employed by an apprenticeship co-ordinator, mainly by or on behalf of persons with whom the co-ordinator has arranged the training; and

    • (c) provided under an agreement between the person and his or her employer; and

    • (d) intended to lead to the person's completing, or becoming competent to complete, a national qualification in the skills of the industry.

6 Apprenticeship training agreements to have effect as employment agreements

  • An apprenticeship training agreement must be treated for all purposes as part of the employment agreement between the employee and employer concerned.

    Compare: 1992 No 55 s 3

7 Approved code of practice to be taken into account by mediation personnel, Employment Relations Authority, and Employment Court

  • In exercising or performing, in relation to a matter concerning an apprentice, any power or function under the Employment Relations Act 2000, the following must take into account every applicable element of the approved code of practice:

    • (a) every person providing mediation services under that Act:

    • (b) the Employment Relations Authority:

    • (c) the Employment Court.

8 Crown bound

  • This Act binds the Crown.

Part 2
Apprenticeship training

Commission's functions and powers

  • Heading: amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

9 Commission's main function

  • The Commission's main function under this Act is to promote apprenticeship training by entering into funding agreements.

    Section 9 heading: amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 9: amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

10 Requirements relating to funding agreements

  • (1) In determining whether to enter into a funding agreement, the Commission must—

    • (a) have regard to the desirability of avoiding unnecessary duplication of effort (in light of the existence of other funding arrangements); and

    • (b) consult the Qualifications Authority.

    (2) A funding agreement must—

    • (a) specify agreed levels of performance for the apprenticeship co-ordinator or co-ordinators (or prospective apprenticeship co-ordinator or co-ordinators) concerned; and

    • (b) provide for the variation, suspension, and termination, of funding or of the funding agreement or of both, if the specified levels of performance are not achieved.

    Section 10(1): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 10(1)(a): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

11 ITOs may be apprenticeship co-ordinators

  • (1) Nothing in this Act prevents an ITO from entering into a funding agreement with the Commission.

    (2) An ITO may agree with the Commission to perform the functions and duties stated in sections 15 to 17 in an industry or industries other than the industry or industries in respect of which the ITO is recognised under the Industry Training Act 1992.

    Section 11(1): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 11(2): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

12 Additional functions of Commission

  • The Commission also has the following functions under this Act:

    • (a) to develop and recommend to the Minister a code of practice, in accordance with section 23:

    • (b) to make the approved code of practice available, in accordance with section 27:

    • (c) to monitor apprenticeship co-ordinators' performance to ensure they comply with—

      • (i) the funding agreement; and

      • (ii) the approved code of practice:

    • (d) to try to find a new employer with whom an apprentice can complete his or her apprenticeship training, if it becomes aware that—

      • (i) it is impracticable for the apprentice to complete his or her apprenticeship training with an employer; and

      • (ii) the apprenticeship co-ordinator who arranged the apprentice's apprenticeship training cannot, for any reason, find a new employer for the apprentice to complete his or her apprenticeship training with:

    • (e) to administer and disburse public money appropriated by Parliament for the purpose of apprenticeship training.

    Section 12 heading: amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 12: amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

13 Commission may require co-ordinator to give information

  • (1) To determine the extent to which the agreed levels of performance specified in a funding agreement are being or have been met, the Commission may, by written notice to the apprenticeship co-ordinator, require an apprenticeship co-ordinator to give the Commission in writing any specified financial report, or statistical or other information, relating to the apprenticeship co-ordinator's activities under the agreement.

    (2) The apprenticeship co-ordinator must take all reasonable steps to comply with the notice.

    (3) This section does not affect any power the Commission has under a funding agreement to require the apprenticeship co-ordinator to give the Commission any report or information.

    Compare: 1992 No 55 s 12

    Section 13 heading: amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 13(1): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 13(3): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

14 Commission's other functions, powers, or duties not affected

  • Sections 9 to 13 do not affect any functions, powers, or duties of the Commission under any other enactment.

    Section 14 heading: amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 14: amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Apprenticeship co-ordinators' functions, duties, and liabilities

15 Co-ordinators' functions

  • (1) An apprenticeship co-ordinator has the following functions:

    • (a) to promote apprenticeship training generally:

    • (b) to identify potential apprentices, and persons who could offer apprenticeship training to current employees, new employees, or apprentices employed by the co-ordinator:

    • (c) to arrange for potential apprentices training or employment intended to lead to apprenticeship training for them:

    • (d) to help people enter into apprenticeship training agreements:

    • (e) if the co-ordinator employs or is to employ apprentices, to arrange with persons for apprenticeship training to be provided to the apprentices by or on behalf of those persons, on terms and conditions mutually acceptable to the co-ordinator and those persons.

    (2) A co-ordinator helping a person (A) younger than 18 years old enter into an apprenticeship training agreement must, before A enters into the agreement,—

    • (a) advise A that, if A is unsure about the effect or implications of the agreement, he or she should not enter into it without first seeking advice about doing so from an independent person (for example, a parent, guardian, caregiver, or lawyer); and

    • (b) give A a reasonable opportunity to seek that advice.

16 Additional functions of co-ordinators

  • (1) An apprenticeship co-ordinator also has the following functions:

    • (a) to produce and facilitate the implementation of individual training plans under and consistent with an apprentice's apprenticeship training agreement:

    • (b) to take all reasonably practicable steps to ensure that there are in place, and operate effectively, systems to monitor apprenticeship training so as to ensure that it leads to apprentices' attaining within a time that is reasonable in all the circumstances the levels of skills necessary to have completed or become competent to complete a national qualification in the skills of the industry or industries concerned:

    • (c) to ensure, so far as is reasonably practicable, that apprenticeship training, and every apprenticeship training agreement, is consistent with the approved code of practice:

    • (d) to support apprentices not employed by the co-ordinator—

      • (i) by giving them advice; and

      • (ii) by helping them to resolve problems in their apprenticeship training as those problems arise (including, if necessary, trying to arrange for an apprentice to complete his or her apprenticeship training with some other employer).

    (2) In performing functions under subsection (1)(a), the co-ordinator must consult the apprentice and,—

    • (a) if the co-ordinator does not employ the apprentice, the apprentice's employer; or

    • (b) if the co-ordinator does employ the apprentice, any persons with whom the co-ordinator has arranged or may arrange apprenticeship training for the apprentice.

17 Matters co-ordinators to have regard to

  • In performing any of their functions or duties under this Act, apprenticeship co-ordinators must—

    • (a) have regard to every part of the approved code of practice that affects the nature or performance of that function or duty:

    • (b) have regard to current training and education activities in the industry or industries in which they are performing those functions or duties:

    • (c) have particular regard to the needs of Maori, the Pacific Islands peoples of New Zealand, people with disabilities, and women.

18 Co-ordinators' liabilities

  • (1) Apprenticeship co-ordinators have no civil liability for any act or thing they do or omit to do, in good faith, in performing or purporting to perform any of their functions or duties under this Act.

    (2) Subsection (1) does not prevent the Commission from varying, suspending, or terminating funding for an apprenticeship co-ordinator or the funding agreement or both.

    (3) Subsection (1) does not affect any liability of a co-ordinator that arises by virtue of the fact that the co-ordinator is or has been an employer of an apprentice.

    Section 18(2): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Application of Health and Safety in Employment Act 1992

19 Application of Health and Safety in Employment Act 1992

  • (1) This section applies to an apprentice receiving apprenticeship training from some other person under an arrangement between the apprentice's employer and the other person.

    (2) The Health and Safety in Employment Act 1992 applies to an apprentice to whom this section applies as if he or she were the other person's employee.

    (3) Subsection (2) does not affect the application of the Health and Safety in Employment Act 1992 to people other than the other person.

Part 3
Code of practice

Approval of code of practice

20 Minister may approve code

  • (1) The Minister may, by notice in the Gazette,—

    • (a) approve a code of practice recommended by the Commission under section 23; or

    • (b) in the circumstances stated in section 25, issue a code of practice other than a code of practice recommended by the Commission.

    (2) Before approving a code of practice under subsection (1)(b), the Minister may consult any people or organisations that the Minister thinks appropriate.

    (3) The notice may, instead of setting out the code of practice being approved or issued,—

    • (a) give enough information to identify it; and

    • (b) state when it comes into force and where copies of it may be obtained.

    Section 20(1)(a): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 20(1)(b): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

21 Purpose of code

  • The purpose of a code of practice is to offer guidance, consistent with this Act, about the responsibilities relating to apprenticeship training of apprenticeship co-ordinators, employers, and apprentices.

22 Content of code

  • (1) A code of practice may include material relating to—

    • (a) identifying potential apprentices, and persons who could offer apprenticeship training to current employees, new employees, or apprentices employed by an apprenticeship co-ordinator:

    • (b) apprenticeship co-ordinators' duties, or minimum standards of conduct apprenticeship co-ordinators must observe, in relation to apprenticeship training:

    • (c) duties, or minimum standards of conduct, relating to apprenticeship training that, for any reason, employers or apprentices should or should not agree to perform or observe:

    • (d) arrangements for apprenticeship training that apprenticeship co-ordinators, employers, or apprentices should for any reason prefer or avoid:

    • (e) practices in apprenticeship training that apprenticeship co-ordinators, employers, or apprentices should for any reason prefer or avoid:

    • (f) the independent mediation of disputes relating to apprenticeship training arising between apprenticeship co-ordinators and employers, or apprenticeship co-ordinators and apprentices not employed by those co-ordinators.

    (2) A code of practice may include different provisions in respect of, or provisions that apply to 1 only of,—

    • (a) apprenticeship training where the apprentice is not employed by an apprenticeship co-ordinator:

    • (b) apprenticeship training where the apprentice is employed by an apprenticeship co-ordinator.

    (3) Subsections (1) and (2) do not limit section 21.

23 Development and recommendation of code

  • (1) The Commission must develop and recommend to the Minister a code of practice—

    • (a) as requested by the Minister; and

    • (b) within any time (including any extension of time) specified by the Minister.

    (2) In developing the code, the Commission—

    • (a) may consult any people and organisations it considers appropriate; and

    • (b) must consult any people and organisations the Minister directs.

    Section 23(1): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 23(2): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

24 Minister may decline to approve code recommended

  • The Minister may, instead of approving a code of practice recommended by the Commission,—

    • (a) decline to approve the code; or

    • (b) decline to approve the code, but refer it back to the Commission for reconsideration.

    Section 24: amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 24(b): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

25 Minister may issue other code

  • The Minister may issue a code of practice under section 20(1)(b) if—

    • (a) the Commission has not recommended a code of practice within a time specified by the Minister under section 23(1)(b); or

    • (b) the Minister declines to approve a code of practice recommended by the Commission.

    Section 25(a): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 25(b): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Provisions relating to approved code of practice

26 When approved code comes into force

  • The approved code of practice comes into force—

    • (a) on the 28th day after the date on which it is issued or approved in the Gazette; or

    • (b) on any later date specified in it.

27 Availability of approved code

  • (1) The Commission must ensure that, at all reasonable times, members of the public may, at every office of the Commission that deals with apprenticeship training matters, inspect and obtain copies of the approved code of practice.

    (2) The Commission may charge a reasonable fee for—

    • (a) giving a person a copy of the approved code of practice; or

    • (b) allowing a person to use the Commission's equipment to copy it.

    (3) Subsection (2)(b) does not require the Commission to allow any person to use equipment under the Commission's control to copy the approved code of practice.

    Section 27(1): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 27(2): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 27(2)(b): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Section 27(3): amended, on 1 January 2003, by section 59 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

28 Proof of approved code

  • (1) A code of practice that appears to have been approved or issued under section 20(1) must be treated for all purposes (for example, in any proceedings) as the approved code of practice, unless it is proved that the code was not so approved or issued.

    (2) Subsection (1) does not limit any method of proof of the approved code of practice.

29 Disallowance of approved code
30 Amendment, revocation, and replacement of approved code

  • The approved code of practice may be amended, or revoked, or revoked and replaced, in the same manner as it was approved or issued, and sections 20 to 29 apply accordingly with all necessary modifications.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Modern Apprenticeship Training Act 2000. The reprint incorporates all the amendments to the Act as at 1 January 2003, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Education (Tertiary Reform) Amendment Act 2002 (2002 No 50): section 59