Education Amendment Act 2006

54 New Part 30 inserted
  • The following Part is inserted after section 340:

    Part 30
    National student numbers

    341 Purpose
    • The purpose of this Part is to authorise the use by authorised users of national student numbers for specific purposes, in order to facilitate the accurate use and transfer, by authorised users, of information relating to individual students.

    342 Interpretation
    • In this Part,—

      authorised user means—

      • (a) an education provider; and

      • (b) the Ministry; and

      • (c) the New Zealand Qualifications Authority; and

      • (d) the Tertiary Education Commission; and

      • (e) the Service continued by section 279; and

      • (f) any other agency or body declared by regulations made under section 347 to be an authorised user

      education provider means—

      • (a) an early childhood service as defined in section 120; and

      • (b) a registered school as defined in section 2; and

      • (c) a tertiary education organisation, being an organisation as defined in section 159B(1)

      Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

      Secretary means the chief executive of the Ministry.

    343 Assigning national student numbers
    • (1) The Secretary may assign a national student number to any student who—

      • (a) is enrolled with an education provider; or

      • (b) has been granted an exemption under section 21 or section 22.

      (2) On the date on which this Part comes into force, every national student number that is already assigned to a person is deemed to be a national student number assigned under this section to that person.

    344 Use of national student numbers
    • (1) The Secretary may authorise or require an authorised user to use national student numbers.

      (2) The Secretary may authorise or require an authorised user to use national student numbers only for the purpose of, or for a specific purpose falling within, any one or more of the following:

      • (a) monitoring and ensuring student enrolment and attendance:

      • (b) ensuring education providers and students receive appropriate resourcing:

      • (c) statistical purposes:

      • (d) research purposes:

      • (e) ensuring that students' educational records are accurately maintained.

      (3) Every authorisation or requirement under this section must be made by notice in the Gazette, and—

      • (a) takes effect on the date, specified in the notice, on or after the date of the notice; and

      • (b) may be subject to conditions.

      (4) An authorisation or requirement may be made generally (by reference to a class of authorised user) or specifically (by reference to a named authorised user).

      (5) An authorised user to whom any one or more authorisations relates is authorised to use national student numbers in accordance with the terms of the authorisations.

      (6) An authorised user that is required to use national student numbers for a specific purpose must use national student numbers for that purpose.

    345 Student may use or disclose own national student number
    • Despite anything in this Part, a student may use or disclose his or her own national student number for any purpose.

    346 Offences
    • (1) An authorised user commits an offence, and is liable on summary conviction to a fine not exceeding $15,000, who uses or discloses a person's national student number otherwise than in accordance with the authorisations under section 344 that apply to that user.

      (2) A person who is not an authorised user commits an offence, and is liable on summary conviction to a fine not exceeding $15,000, who, without reasonable excuse, keeps a record of, or requires the disclosure of, a student's national student number if the number is, or is capable by the person of being, linked to any information that may lead the person to the identification of the student.

    347 Regulations
    • (1) The Governor-General may from time to time, by Order in Council, make regulations identifying any agency or body as an authorised user for the purpose of this Part.

      (2) A recommendation for an Order in Council to be made under this section may not be made unless the Privacy Commissioner has been consulted on the recommendation.