352 Offences by education providers

(1)

Every education provider commits an offence against this Act who—

(a)

allows or continues to allow any other person to undertake a course of study knowing that the person is not entitled under this Act to undertake the course; or

(b)

allows any other person to undertake a course of study if the person is not entitled under this Act to undertake the course.

(2)

Subsection (1)(a) applies whether the person commenced the course of study before or after the commencement of this section.

(3)

No person commits an offence under subsection (1) by reason of allowing or continuing to allow a person who is not entitled to study in New Zealand to undertake compulsory education.

(4)

It is a defence to a charge under subsection (1)(b) that the education provider—

(a)

did not know that the person was not entitled to undertake the course of study; and

(b)

took reasonable precautions and exercised due diligence to ascertain whether the person was entitled to undertake that course.

(5)

Except as provided in subsection (4), it is not a defence to a charge under subsection (1)(b) that the education provider did not know that the person was not entitled under this Act to undertake that course of study.

(6)

A charge alleging an offence against this section may specify any day on which it is alleged the person was undertaking the course of study, and need not state the day on which it is alleged that the person commenced the course.

(7)

For the purposes of this section, allowing a person to undertake a course of study includes accepting the person for enrolment in the course.

(8)

For the purposes of this section, a person is treated as knowing that another person is not entitled under this Act to study in New Zealand if, at any time in the preceding 12 months (whether before or after the commencement of this section), the person has been informed of that fact in writing by an immigration officer.

Compare: 1987 No 74 s 40

Section 352(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).