Education (Tertiary Reform) Amendment Act 2002

8 New sections 159AA to 159AF inserted
  • The principal Act is amended by inserting in Part XIII, after section 159, the following sections:

    159AA Tertiary education strategy
    • (1) The Minister must from time to time approve a tertiary education strategy that sets out the Government's medium- to long-term strategy for tertiary education.

      (2) The tertiary education strategy must address the following:

      • (a) the economic context:

      • (b) the social context:

      • (c) the environmental context:

      • (d) the development aspirations of Maori and other population groups.

      (3) Before approving a tertiary education strategy, the Minister must consult, either directly or through the Secretary, with those stakeholders in the tertiary education sector that he or she considers ought to be consulted.

      (4) As soon as practicable after approving a tertiary education strategy, the Minister must—

      • (a) give public notice of it; and

      • (b) present a copy of it to the House of Representatives.

    159AB Importance of tertiary education strategy
    • In exercising their functions under this Act or any other enactment, the Commission, the Qualifications Authority, and the service continued by Part XXII must have regard to the tertiary education strategy.

    159AC Statement of tertiary education priorities
    • (1) The Minister must, at least once in every 3 years, issue a statement of tertiary education priorities that—

      • (a) is based on, and is not inconsistent with, the tertiary education strategy; and

      • (b) sets out the Government's current priorities for tertiary education.

      (2) The Minister must consult with the Commission before issuing or amending a statement of tertiary education priorities.

      (3) The Minister may, at any time after a statement of tertiary education priorities has been in force for a year, revoke and replace, or amend the statement. Any amendment forms part of the statement it amends.

      (4) The Minister must—

      • (a) give public notice of every statement of tertiary education priorities and of every amendment to it; and

      • (b) present a copy of it, and every amendment to it, to the House of Representatives.

    159AD Roles within tertiary education sector
    • (1) Nothing in this Act affects the fact that the Ministry is the Minister's principal policy adviser on tertiary education matters.

      (2) The Qualifications Authority (or, in the case of universities, the New Zealand Vice-Chancellors Committee) is the body primarily responsible for quality assurance matters in the tertiary education sector.

      (3) This section is for the avoidance of doubt.

    159AE Ministry may hold and disseminate information
    • Any information collected and held by the Commission, the Qualifications Authority, or the service continued by Part XXII may be held by the Ministry on behalf of the relevant agency and be disclosed by the Ministry to—

      • (a) the agency on whose behalf it is held; and

      • (b) any other person or agency that is entitled to receive it.

    159AF Secretary may delegate certain powers and functions to Commission
    • (1) The Secretary may delegate to the Commission any powers or functions of the Secretary under regulations made pursuant to section 303 or section 306 or section 307 (which relate to student allowances).

      (2) A delegation under this section—

      • (a) must be in writing; and

      • (b) may not include a power to further delegate any power or function; and

      • (c) may be revoked at any time by notice in writing.

      (3) The Commission may exercise any powers or functions delegated to it under this section in the same manner and with the same effect as if the powers or functions had been conferred on the Commission directly, rather than by delegation.

      (4) If the Commission purports to act under a delegation under this section, the Commission is presumed, in the absence of proof to the contrary, to be acting in accordance with the terms of the delegation.