1 Title
2 Commencement
3 Purpose
Part 1Amendments to Education Act 1989
4 Principal Act amended
5 Object of provisions relating to tertiary education
6 Interpretation
7 New section 159AA substituted
159AA Tertiary education strategy
8 Importance of tertiary education strategy
9 New section 159AC substituted
159AC Revocation and replacement or amendment of tertiary education strategy
10 Roles within tertiary education sector
11 Ministry may hold and disseminate information
12 New sections 159A and 159ABA substituted
159A Purpose of Part
159ABA Outline of framework for planning, funding, and monitoring in tertiary education sector
13 Composition of Commission
14 Functions of Commission
15 Delegation of functions or powers of Minister
16 Minister may direct Commission
17 New section 159KBA inserted
159KBA Monitoring and reporting function of chief executive in relation to institutions
18 Statement of intent
19 Annual report
20 New headings and sections 159L to 159YO substituted
Funding mechanisms
159L Minister determines design of funding mechanisms
159M Restrictions on design of funding mechanisms
159N Funding mechanisms consistent with quality assurance principle
159O Commission to implement funding mechanisms
Requirements for, and content of proposed plans
159P Requirements for proposed plans
159Q Exemption from certain requirements for proposed plans
159R Content of, and processes for submitting, proposed plans prescribed by Commission
159S Commission may exempt organisation from complying with certain matters
Submitting proposed plan
159T Who must submit proposed plan
159U Exemption from requirement to submit proposed plan
159V Frequency of submitting proposed plans
159W Submitting combined proposed plan
Preparing and consulting on proposed plans
159X Preparing and consulting on proposed plans
Assessment of proposed plans and giving of funding approval
159Y Criteria for assessing proposed plans
159YA Commission's assessment of proposed plans, giving of funding approval, and payment of funding
159YB Commission may decline to assess proposed plan
159YC Conditions on receiving funding under section 159YA
159YD Accountability for funding received under section 159YA
Expiry of funding approval
159YE Expiry of funding approval
159YF Effect of expiry of funding approval
Suspension or revocation of funding given under section 159YA
159YG Commission may suspend or revoke funding given under section 159YA
159YH Extending suspension of funding
159YI Effect of suspending or revoking funding given under section 159YA
159YJ Review of decision by delegate to suspend or revoke funding given under section 159YA
Amending or replacing plans
159YK Organisation may seek approval for significant amendment, or replacement, of plan
159YL Effect of significant amendment or replacement of plan under section 159YK
159YM Commission may make significant amendment to plan
159YN Effect of significant amendment made to plan under section 159YM
Plan summary
159YO Summary of plans
21 New heading and sections 159ZC to 159ZH substituted
Funding under this Part other than via plans
159ZC Funding other than via plans
159ZD Conditions on funding received under section 159ZC
159ZE Accountability for funding received under section 159ZC
159ZF Commission may suspend or revoke funding given under section 159ZC
159ZG Extending suspension of funding
159ZH Review of decision made by delegate to suspend or revoke funding under section 159ZC
22 Functions of councils
23 Section 191A and heading above section 191A repealed
24 Powers of institutions
25 Institutions to provide information if required
26 New section 195DA inserted
195DA Protection of commissioners
27 Powers and functions of commissioner
28 How institutions may use income and capital
29 Transfer of Crown assets and liabilities to institutions
30 Annual report
31 Fees for domestic students
32 Fees for foreign students
33 Fees for domestic students must not exceed maximums set in conditions of funding
34 Interpretation
35 Functions of Authority
36 Power to obtain information
37 Service continued for purposes of Part 22
38 Functions of Service
39 Duties of Board
40 Transitional provision: institutions and organisations with approved charters and approved profiles
41 Transitional provision: organisations with approved charters that are exempt from need to have profile
42 Transitional provision: organisations with approved profile and exempt from need to have charter
43 Transitional provision: organisations exempt from need to have profile and charter
44 Transitional provision: organisations funded under section 159ZC(3)
45 Transitional provision: tertiary education strategy and statement of tertiary education priorities
46 Transitional provision: funding mechanisms
47 Validation of determination of design of funding mechanism for student component fund
Part 2Related amendments to other enactments
Amendments to Industry Training Act 1992
48 Principal Act amended
49 Interpretation
50 Industry training organisation's profile must identify activities for which it seeks funding
51 Power to fund if employer switches industry training organisation
52 Matters to which Commission must have regard in determining whether to approve profile for funding purposes
Legislative history
The Parliament of New Zealand enacts as follows: