Education Amendment Act 2011

New Part 20 of principal Act substituted

38  New Part 20 substituted
  • Part 20 is repealed and the following Part substituted:

    Part 20
    New Zealand Qualifications Authority

    Interpretation

    246 Interpretation
    • In this Part, unless the context otherwise requires,—

      Authority means the Qualifications Authority

      chief executive means the chief executive of the Authority

      member means a member of the Authority

      relevant school means—

      • (a) a secondary school (as that term is defined in section 2(1)); or

      • (b) a composite school (as that term is defined in section 2(1)); or

      • (c) a school that is registered under section 35A, but does not include any school registered under that section only as a primary school (as that term is defined in section 2(1)); or

      • (d) a special school (as that term is defined in section 2(2), except that a special school is not deemed to be a primary school for the purposes of this Part, despite the proviso to section 98(1) of the Education Act 1964)

      rules means rules made under section 253.

    Functions of Qualifications Authority

    246A Functions of Authority
    • (1) The Authority has the following functions:

      • (a) to oversee the setting of standards for qualifications in relevant schools and in tertiary education:

      • (b) to monitor and regularly review, and advise the Minister on, the standards for qualifications in relevant schools and in tertiary education, either generally or in relation to a particular organisation (within the meaning of section 159B) or a particular programme or training scheme:

      • (c) to maintain mechanisms for the recognition of learning (for example, the recognition of learning through qualifications gained and standards met):

      • (d) to maintain the Qualifications Framework and Directory of Assessment Standards:

      • (e) to make rules, not inconsistent with this Act, under any provision of this Part that empowers the Authority to make rules:

      • (f) to ensure there are mechanisms in place to guarantee that secondary schools and tertiary education providers that provide programmes or training schemes that, in the view of the Authority, require national consistency have assessment and moderation procedures that are fair, equitable, and consistent, and comply with the appropriate standards:

      • (g) to assist overseas governments, and agencies of those governments, by—

        • (i) conducting examinations and assessments:

        • (ii) approving programmes and training schemes:

        • (iii) granting accreditations for the provision of approved programmes:

        • (iv) assisting governments and agencies to develop and conduct examinations, and to develop and confer awards:

      • (h) to maintain effective liaison with overseas certifying and validating bodies, in order to recognise overseas educational and vocational qualifications in New Zealand and to achieve recognition overseas of New Zealand educational and vocational qualifications:

      • (i) to ensure that post-school educational and vocational qualifications maintain international comparability:

      • (j) to promote and monitor the delivery of inter-institutional programmes and training schemes:

      • (k) any other functions that are conferred on it by this Act or any other enactment.

      (2) The Authority may consult any persons, authorities, and bodies as it considers appropriate for the purposes of performing any of its functions.

      Compare: 1989 No 80 s 253

    247 Certain functions of Authority in relation to entrance to universities
    • (1) In addition to its other functions, the Authority has,—

      • (a) in relation to the rights of people who have not attained the age of 20 years to obtain entrance to universities, the function of establishing and maintaining by any means that it considers appropriate a common educational standard as a prerequisite for entrance to a university, other than provisional entrance and entrance ad eundem statum; and

      • (b) the function of consulting the universities as to the criteria to be established for provisional entrance, or entrance ad eundem statum, to universities.

      (2) A person who is refused provisional entrance or entrance ad eundem statum to a university on grounds relating to the person's educational qualifications may appeal to the Authority against the refusal.

      (3) The Authority must consider the appeal and,—

      • (a) if it is satisfied that the person meets the criteria established by the universities, as mentioned in subsection (1)(b), must allow the appeal and direct the council of the university concerned to admit the person as a student and, where appropriate, to grant the person such status as the Authority determines; or

      • (b) if it is not so satisfied, must dismiss the appeal.

      (4) The council of a university must comply with a direction given to it by the Authority under subsection (3)(a).

      (5) Before establishing standards for entrance to universities, the Authority must consult the council of each university and the Vice-Chancellors Committee.

      Compare: 1989 No 80 s 257

    New Zealand Qualifications Framework

    248 New Zealand Qualifications Framework
    • (1) The New Zealand Qualifications Framework—

      • (a) consists of all qualifications that have been approved and listed by the Authority in accordance with the rules made under section 253; and

      • (b) includes the rules relating to the Qualifications Framework made under that section.

      (2) The Authority—

      • (a) must list on the Qualifications Framework all qualifications that it has approved in accordance with the rules:

      • (b) may, in accordance with the rules, amend, add to, remove, or alter the status of any qualification on the framework.

      (3) If a qualification is removed from the Qualifications Framework,—

      • (a) any programme approval held by an institution in respect of the qualification lapses; and

      • (b) any accreditation granted to an institution in respect of the qualification lapses.

      (4) To avoid doubt, qualifications includes university qualifications.

    Directory of Assessment Standards

    248A Directory of Assessment Standards
    • (1) In this section, institution includes institutions, government training establishments, registered establishments, relevant schools, and other bodies.

      (2) The Directory of Assessment Standards consists of all standards approved by the Authority for use by institutions as standards for the assessment of students.

      (3) An application to have standards listed on the Directory—

      • (a) may only be made by an approved standard-setting body; and

      • (b) must be made in accordance with the rules.

    248B Standard-setting bodies
    • (1) An approved standard-setting body includes—

      • (a) an industry training organisation within the meaning of the Industry Training Act 1992; and

      • (b) the Ministry of Education; and

      • (c) the Authority; and

      • (d) any other body approved by the Authority under subsection (3).

      (2) A body may apply, in accordance with the rules, to the Authority for approval as a standard-setting body.

      (3) In deciding whether to approve a standard-setting body, the Authority must apply the criteria set out in the rules, and must be satisfied that the applicant is able to—

      • (a) draft standards that meet the requirements in the rules; and

      • (b) manage consistency across New Zealand in learning outcomes in the relevant subject areas; and

      • (c) carry out national moderation of assessment of students.

    Approval of programmes

    249 Approval of programmes
    • (1) In this section, institution includes any institution, government training establishment, registered establishment, relevant school, industry training organisation, or other body.

      (2) An institution may apply to the Authority for approval of a programme.

      (3) The Authority—

      • (a) may grant or refuse to grant approval of the programme to the applicant; and

      • (b) is required only to consider the programme as a whole; and

      • (c) must give the applicant written notice of its decision to grant or refuse approval; and

      • (d) may grant approval without limitation as to time or for a specified period.

      (4) If 2 or more institutions have prepared a programme together, they may make a joint application for approval of the programme.

      (5) If the Authority considers that there may be grounds for withdrawing approval of a programme,—

      • (a) the Authority must give written notice to the institution concerned stating the grounds on which the Authority is considering withdrawing approval; and

      • (b) the Authority must give the institution a reasonable time (as specified in the notice) to make submissions on the matter; and

      • (c) after considering those submissions, the Authority—

        • (i) may withdraw approval if it considers there are reasonable grounds to do so; and

        • (ii) must notify the institution of the withdrawal (if any) and the reasons for it.

      (6) The Authority may withdraw approval of a programme at the written request of the institution concerned.

      (7) This section—

      • (a) is subject to section 253A:

      • (b) does not limit the Authority's power to withdraw an approval under section 255(7):

      • (c) does not apply to secondary school qualifications.

    249A Conditions on programme approvals
    • (1) Every programme approval is subject to the condition that the institution will at all times comply with the relevant rules, except to the extent that the Authority exempts the institution, by a condition on the approval, from compliance.

      (2) When approving a programme, the Authority may impose conditions on the approval that are specific to the programme or to a class of programmes.

      (3) The Authority may at any time, with the agreement of the institution that holds the programme approval,—

      • (a) impose new conditions on the approval; or

      • (b) amend or revoke any existing conditions.

      (4) The Authority may, without the agreement of the institution, impose conditions on a programme approval, or amend or revoke any existing conditions, but only if the Authority has first—

      • (a) given written notice to the institution of its intentions; and

      • (b) given the institution a reasonable opportunity to respond to the notice; and

      • (c) considered any submissions made by the institution in response to the notice.

      (5) When conditions are imposed, amended, or revoked, the Authority must give notice in writing to the institution that holds the approval of the new, amended, or revoked conditions.

    Accreditation to provide approved programmes

    250 Accreditation to provide approved programmes
    • (1) In this section, institution means an institution, government training establishment, registered establishment, or relevant school.

      (2) An institution must not offer or provide all or part of an approved programme unless the institution is granted accreditation to provide the programme or part of the programme.

      (3) An institution may apply to the Authority for a grant of accreditation to provide all or part of a programme.

      (4) If the programme for which accreditation is sought incorporates standards from the Directory of Assessment Standards, the applicant must obtain consent to assess against those standards.

      (5) The Authority—

      • (a) may grant or refuse to grant accreditation to the institution to provide all or part of the programme; and

      • (b) must give the institution written notice of its decision to grant or refuse accreditation; and

      • (c) may grant accreditation without limitation as to time or for a specified period.

      (6) This section—

      • (a) does not apply to any secondary school qualification or class of secondary school qualification that the Authority exempts, by notice in the Gazette, from the application of this section:

      • (b) does not apply to any workplace training components of any programmes:

      • (c) is subject to section 253A.

      Compare: 1989 No 80 s 261

    250A Conditions on accreditation
    • (1) Every accreditation is subject to the condition that the institution will at all times comply with the rules made under section 253(1)(d) and (e), except to the extent that the Authority exempts the institution, by a condition on the accreditation, from compliance.

      (2) When granting accreditation to an institution to provide an approved programme, the Authority may impose conditions on the accreditation that are—

      • (a) specific to the programme or a particular class of programmes; or

      • (b) specific to the institution or a particular class of institutions.

      (3) The Authority may at any time, with the agreement of the accredited institution, impose new conditions on the accreditation and may amend or revoke any existing conditions.

      (4) The Authority may, without the agreement of the institution, impose conditions on an accreditation, or amend or revoke any existing conditions, but only if the Authority has first—

      • (a) given written notice to the institution of its intentions; and

      • (b) given the institution a reasonable opportunity to respond to the notice; and

      • (c) considered any submissions made by the institution in response to the notice.

      (5) When conditions are imposed, amended, or revoked, the Authority must give notice in writing to the accredited institution of the new, amended, or revoked conditions.

    250B Lapse of accreditation
    • (1) An accreditation granted to an institution lapses when—

      • (a) 12 months have passed since accreditation was granted and the institution has not during that time provided all or part of the programme to which the accreditation relates; or

      • (b) 12 months have passed since the institution last provided all or part of the programme to which the accreditation relates; or

      • (c) the programme to which the accreditation relates ceases to be an approved programme; or

      • (d) the status of the qualification to which the accreditation relates is discontinued on the Qualifications Framework.

      (2) Despite subsection (1), the Authority may, if it considers that the circumstances so require, extend the time specified in subsection (1)(a) or (b).

      (3) The Authority must give written notice of the lapse of an accreditation to the institution concerned.

    250C Withdrawal of accreditation
    • (1) If the Authority considers that there may be grounds for withdrawing an accreditation from an institution, the Authority must give written notice to the institution—

      • (a) setting out the grounds on which the Authority is considering withdrawing the approval; and

      • (b) giving the institution a reasonable period to make submissions on the matter.

      (2) After that period, and having considered any submission made by the institution, the Authority may, on any reasonable grounds, withdraw the accreditation.

      (3) If the Authority withdraws an accreditation under subsection (2), it must give notice of the withdrawal, with reasons, to the institution concerned.

      (4) The Authority may withdraw an accreditation at the written request of the institution concerned.

      (5) This section does not limit the Authority's power to withdraw an accreditation under section 255(7).

    Training schemes and consents to assess against standards

    251 Application for training scheme approval
    • (1) In this section, institution includes any institution, government training establishment, registered establishment, relevant school, industry training organisation, or other body.

      (2) An institution may apply to the Authority for a grant of approval to provide a training scheme under this section.

      (3) An industry training organisation may apply jointly with an institution for a grant of approval to provide a training scheme if the scheme will be provided by the institution on behalf of the organisation.

      (4) The Authority—

      • (a) may grant or refuse to grant approval to the training scheme; and

      • (b) must give the institution and any joint applicant written notice of its decision to grant or refuse approval; and

      • (c) may grant approval without limitation as to time or for a specified period.

      (5) If the training scheme incorporates assessment standards listed on the Directory of Assessment Standards, the Authority must not grant training scheme approval until the institution has obtained consent to assess against those standards.

      (6) This section does not apply to—

      • (a) any secondary school qualification or class of secondary school qualification that the Authority exempts, by notice in the Gazette, from the application of this section:

      • (b) any workplace training component of any training scheme.

    251A Conditions of training scheme approval
    • (1) Every training scheme approval is subject to the condition that the institution will at all times comply with the rules made under section 253(1)(c) except to the extent that the Authority exempts the institution, by a condition on the approval, from compliance.

      (2) The Authority may impose conditions on a training scheme approval, and for that purpose, section 250A(2) to (5) apply as if each reference to accreditation were a reference to a training scheme approval under this section.

    251B Withdrawal of training scheme approval
    • (1) If the Authority considers that there may be grounds for withdrawing a training scheme approval from an institution, the Authority must give written notice to the institution—

      • (a) setting out the grounds on which the Authority is considering withdrawing the approval; and

      • (b) giving the institution a reasonable period to make submissions on the matter.

      (2) After the period referred to in subsection (1)(b), and having considered any submission made by the institution, the Authority—

      • (a) may, on reasonable grounds, withdraw the training scheme approval; and

      • (b) must give notice of the withdrawal, with reasons, to the institution concerned.

      (3) This section does not limit the Authority's power to withdraw training scheme approval under section 255(7).

      (4) The Authority may withdraw a training scheme approval at the written request of the institution concerned.

    251C Lapse of training scheme approval
    • (1) A training scheme approval granted to an institution lapses when—

      • (a) 12 months have passed since approval was granted and the institution has not during that time provided all or part of the training scheme to which the approval relates; or

      • (b) 12 months have passed since the institution last provided all or part of the training scheme to which the approval relates.

      (2) Despite subsection (1), the Authority may, if it considers that the circumstances so require, extend the time specified in subsection (1)(a) or (b).

      (3) The Authority must give written notice of the lapse of a training scheme approval to the institution concerned.

    Consent to assess against standards

    252 Consent to assess against standards
    • (1) In this section, institution includes any institution, government training establishment, registered establishment, relevant school, industry training organisation, or other body.

      (2) An institution that proposes to assess its students against standards listed on the Directory of Assessment Standards must apply to the Authority for a grant of consent to assess against those standards.

      (3) The Authority may grant or refuse consent to assess against those standards.

      (4) The Authority may withdraw a consent, but only after complying with subsection (5).

      (5) Before the Authority withdraws a consent, it must—

      • (a) give written notice of its intentions to the institution; and

      • (b) give the institution a reasonable opportunity to respond to the notice; and

      • (c) consider any submissions made by the institution in response to the notice.

      (6) The Authority must give the institution written notice of its decision under subsection (4), and must give reasons for its decision.

      (7) Despite subsection (4), the Authority may withdraw a consent at the written request of the institution concerned.

    252A Conditions
    • (1) Every consent to assess against standards is subject to the condition that the institution will at all times comply with the rules made under section 253(1)(c) except to the extent that the Authority exempts the institution, by a condition on the approval, from compliance.

      (2) The Authority may impose conditions on a consent to assess against standards, and for that purpose section 250A(2) to (5) apply as if each reference to accreditation were a reference to a consent to assess against standards.

    252B When a consent expires or ceases to have effect
    • (1) A consent to assess against standards expires—

      • (a) when any training scheme approval or accreditation to which the consent relates is withdrawn, lapses, expires, or otherwise ceases to have effect:

      • (b) when the status of all standards to which the consent relates is discontinued on the Directory of Assessment Standards.

      (2) If the status of any standard to which the consent relates is discontinued on the Directory of Assessment Standards, the consent ceases to have effect in respect of that standard.

    Rules

    253 Rules
    • (1) The Authority may make rules—

      • (a) prescribing the process for, and the information required in, an application for—

        • (i) registration of a private training establishment:

        • (ii) approval of a programme:

        • (iii) approval of a training scheme:

        • (iv) accreditation:

        • (v) consent to assess against standards:

        • (vi) approval as a standard-setting body:

        • (vii) the listing of a qualification on the Qualifications Framework:

        • (viii) the listing of a standard on the Directory of Assessment Standards:

      • (b) prescribing criteria that the Authority must apply when considering—

        • (i) each class of application described in paragraph (a); and

        • (ii) different kinds of application within each class:

      • (c) prescribing requirements that the applicant must meet in order to maintain the registration, approval, accreditation, or consent granted by the Authority:

      • (d) prescribing the amount of, or the method for determining, the annual registration fee required under section 233C:

      • (e) prescribing the requirements for the protection of student fees that must be met by a private training establishment, any person to whom section 234D applies, any agent or person purporting to act as an agent for a student or private training establishment, and any independent trustee:

      • (f) prescribing matters relating to the general operation of the Qualifications Framework and the Directory of Assessment Standards:

      • (g) prescribing the quality assurance requirements that must be met by providers of adult and community education:

      • (h) providing for the review, amendment, removal, or alteration of the status of qualifications and standards, including their components (including where amendments to titles occur, consequential amendments to programmes of study or training titles, accreditations, and consents to assess against standards):

      • (i) providing any special requirements for NCEA and other secondary school qualifications or awards for the purposes of the Qualifications Framework:

      • (j) providing for the conduct of assessments and examinations relating to any qualifications or awards:

      • (k) prescribing the details for credits, cross credits, recognition of prior learning, and moderation:

      • (l) prescribing requirements for qualifications in respect of which the Authority is the qualifications developer:

      • (m) prescribing requirements relating to workplace training:

      • (n) providing for the following matters for the purposes of section 236A:

        • (i) the kinds of enrolment and academic records that must be kept:

        • (ii) the manner in which the records must be kept:

        • (iii) the length of time for which the records must be kept:

      • (o) prescribing reporting requirements that institutions (within the meaning of section 254(1)) must comply with in relation to the student's record of achievement that is maintained by the Qualifications Authority:

      • (p) for the purposes of rules made under paragraph (o), specifying the qualifications or standards for which institutions are required to report the credits gained by students undertaking or who have undertaken study or training towards those qualifications or standards:

      • (q) providing for any other matters contemplated by this Part or Part 18, necessary for their administration, or necessary for giving them full effect.

      (2) Without limiting any power to make rules under this section, restrictions on the use of standards may be included in any rules made under subsection (1)(b) that—

      • (a) prescribe criteria that the Authority must apply when considering applications for approval of a programme leading to a degree or postgraduate qualification:

      • (b) prescribe criteria that the Authority must apply when considering applications for the listing of a degree or postgraduate qualification on the Qualifications Framework:

      • (c) prescribe criteria that the Authority must apply when considering applications for the listing of a standard on the Directory of Assessment Standards that relates to any programme leading to a degree or postgraduate qualification.

      (3) Rules made under subsection (1)(n) may specify different requirements for different qualifications.

      (4) Before making rules under this section that apply to a class of institutions, the Authority must consult,—

      • (a) if the rules relate to universities, the Vice-Chancellors Committee; and

      • (b) if the rules relate to bodies that provide adult and community education, those bodies or a body that represents their interests; and

      • (c) if the rules relate to a class of institutions in respect of which there is a body whose function is to set up programme approval and moderation procedures, the representative bodies of those institutions, and any other bodies as the Authority considers appropriate.

      (5) Any proposed rules under this section must be approved by the board of the Authority and the Minister before being made, but, if the rules relate to any matter described in subsection (1)(j), the approval of the Minister is not required.

      (6) Any rules made under this section must be—

      • (a) published on an Internet site maintained by or on behalf of the Authority; and

      • (b) made available in printed form for purchase at a reasonable price on request by members of the public.

      (7) Any rules made under this section are regulations for the purposes of the Regulations (Disallowance) Act 1989, but are not regulations for the purposes of the Acts and Regulations Publication Act 1989.

    Functions and powers of Authority in relation to universities

    253A Exercise of certain powers of Authority by Vice-Chancellors Committee
    • (1) In this section, the powers of the Authority means the Authority's powers under sections 249 to 251C, 254A(2)(b), and 255.

      (2) The powers of the Authority as far as they are applicable to universities may, subject to this section, be exercised by the Vice-Chancellors Committee in relation to universities. References to the Authority in the relevant sections must be read as references to the Vice-Chancellors Committee.

      (3) The Vice-Chancellors Committee in exercising the powers of the Authority must apply the relevant rules made under section 253.

      (4) The Vice-Chancellors Committee may charge fees to an institution for the grant of any approval or accreditation.

      (5) The Vice-Chancellors Committee may—

      • (a) list or arrange for the listing of university qualifications on the Qualifications Framework; and

      • (b) correct any errors or omissions in the listing of the qualification on the framework.

      (6) To avoid doubt, this section does not limit the Authority's power to delegate its functions or powers under the Crown Entities Act 2004.

      Compare: 1989 No 80 s 260

    Granting of awards

    253B Powers of Authority in granting of awards
    • (1) A person may apply to the Authority for its consent—

      • (a) to grant an award that is described as a degree or the description of which includes the word bachelor, master, or doctor:

      • (b) to grant an award that is described as a post-graduate qualification, for example, a post-graduate certificate or diploma.

      (2) The Authority may, in accordance with this section, grant or refuse its consent.

      (3) The Authority must not consent to the granting of an award of a kind referred to in subsection (1) unless it is satisfied that the award recognises the completion of a programme of advanced learning that—

      • (a) is taught mainly by people engaged in research; and

      • (b) emphasises general principles and basic knowledge as the basis for self-directed work and learning.

      (4) The Authority must not withhold its consent to the use of any particular term or the granting of an award that, or whose name or description, includes any particular word, unless satisfied on reasonable grounds that it should do so.

      Compare: 1989 No 80 s 254

    Use of certain terms in name of registered establishment

    253C Minister may consent to registered establishments using certain terms in their names
    • (1) In this section, institution means a college of education, a polytechnic, a specialist college, a university, or a wananga.

      (2) A registered establishment may apply to the Minister for consent to use the term university, college of education, polytechnic, or institute of technology to describe a registered establishment that is not an institution.

      (3) Before deciding whether to grant consent under subsection (2), the Minister must—

      • (a) take into account the characteristics of institutions as described in section 162(4); and

      • (b) receive advice on the application from the Authority; and

      • (c) be satisfied that consenting to the application is in the interests of the tertiary education system and the nation as a whole; and

      • (d) consult with the institutions, organisations representing institutions, and other relevant bodies that the Minister considers appropriate.

      (4) In deciding whether to grant consent under subsection (2) to the use of the term “institute of technology”, the relevant characteristics that the Minister must take into account are the characteristics of a polytechnic.

      (5) The Minister may audit any registered establishment that has been given consent to use one of the terms in subsection (2) for continuous compliance with the requirements for consent to use the term.

      (6) If the Minister is not satisfied that a registered establishment is continuing to comply with the requirements for consent to use the term for which consent has been given, the Minister may—

      • (a) withdraw the consent; or

      • (b) suspend the consent for a specified period, at the expiry of which the Minister must either lift the suspension or withdraw the consent.

      Compare: 1989 No 80 s 264A

    Fees

    254 Fees
    • (1) In this section, institution includes any institution, government training establishment, registered establishment, relevant school, industry training organisation, or other body.

      (2) The Authority may—

      • (a) charge fees to any person or institution for any of the following:

        • (i) programme approval:

        • (ii) training scheme approval:

        • (iii) accreditation:

        • (iv) consent to assess against standards:

        • (v) approval to list qualifications on the Qualifications Framework:

        • (vi) approval to list standards on the Directory of Assessment Standards:

        • (vii) registration of a private training establishment:

        • (viii) approval to be a standard-setting body:

        • (ix) consent to award a degree:

        • (x) consent for the use by a registered establishment of certain terms in its name:

        • (xi) reporting credits for the purposes of rules made under section 253(1)(o) and (p):

      • (b) charge fees to any person or institution for any services provided by the Authority, including fees in relation to sitting for an examination conducted by the Authority, in relation to the making of any assessment by the Authority, or in relation to the granting to any person of an award certifying that the person had passed such an examination or been so assessed:

      • (c) charge fees to any person or institution for any quality assurance activities undertaken by the Authority.

      (3) A fee may not be charged under subsection (2)(b) to a person who is a student at a relevant school unless the Minister has consented to the charging of the fee.

      (4) All fees that are to be charged under subsection (2) must be—

      • (a) published on an Internet site maintained by or on behalf of the Authority; and

      • (b) made available in printed form for purchase at a reasonable price on request by members of the public.

      Compare: 1989 No 80 s 266

    Enforcement powers of Authority

    254A Power to obtain information
    • (1) In this section, institution includes any institution, government training establishment, registered establishment, relevant school, industry training organisation, or other body.

      (2) The chief executive or a person authorised by the chief executive may, subject to subsection (3),—

      • (a) by written notice to the Secretary, require the Secretary, within such period (being a reasonable period) as is specified in the notice, to supply to the Authority such information or documents relating to institutions, being information or documents in the possession of the Secretary, as are specified in the notice; and

      • (b) by written notice to the chief executive of an institution, require the chief executive, within such period (being a reasonable period) as is specified in the notice, to supply to the Authority such information or documents relating to the institution as are specified in the notice.

      (3) The powers conferred by subsection (2) may be exercised only where the obtaining of the information or documents is necessary for the purposes of the performance of the functions of the Authority.

      Compare: 1989 No 80 s 255

    255 Compliance notices
    • (1) In this section, institution includes any institution, government training establishment, registered establishment, relevant school, industry training organisation, or other body.

      (2) The Authority may issue a compliance notice to an institution requiring the institution to do, or refrain from doing, a particular thing in relation to—

      • (a) the institution's registration as a registered establishment; or

      • (b) the institution's programme approvals, training scheme approvals, or accreditation; or

      • (c) any consent that the institution has to assess against standards; or

      • (d) any quality assurance conditions on workplace training; or

      • (e) any notice issued under section 254A(2)(b).

      (3) Every compliance notice must be in writing and must—

      • (a) state the date on which it is issued; and

      • (b) state a time on or before which, or a period within which, the institution must comply with the notice; and

      • (c) state the consequences or possible consequences of non-compliance with the notice.

      (4) The Authority may publish any compliance notice, or a summary of a compliance notice, in a manner designed to give public notice of the compliance notice.

      (5) An institution that receives a compliance notice must comply with it within the time or during the period stated in the notice.

      (6) The Authority may, before the expiry of the time or period referred to in subsection (3)(b), extend that time or period, in which case the extended time or period is for all purposes the time or period within or during which the notice must be complied with.

      (7) If the institution does not comply with the compliance notice, the Authority may immediately,—

      • (a) if the notice related to the registration of a registered establishment, cancel the registration, or impose new conditions or amend or revoke any existing conditions on the registration; or

      • (b) if the notice related to a programme or training scheme approval, withdraw the approval, or impose new, or amend or revoke any existing, conditions on the approval; or

      • (c) if the notice related to an accreditation, withdraw the accreditation, or impose new conditions, or amend or revoke any existing conditions on the accreditation; or

      • (d) if the notice related to a consent to assess against standards, withdraw the consent, impose new conditions, or amend or revoke any existing conditions on the approval; or

      • (e) if the notice related to any quality assurance conditions on workplace training, withdraw the programme or training scheme approval to which the training relates, impose new conditions, or amend or revoke any existing conditions.

      (8) The Authority may not do any of the things specified in subsection (7) until the later of—

      • (a) 10 days from the date of issue of the notice; or

      • (b) the expiry of the time or period referred to in subsection (3)(b).

      (9) If the Authority withdraws programme approval it must also withdraw any consent to assess against standards or any accreditation in respect of the programme approval.

      (10) If the Authority withdraws any training scheme approval it must also withdraw any consent to assess against standards in respect of the training scheme approval.

      Compare: 1989 No 80 s 255A

    255A Powers of entry and inspection
    • (1) For the purpose of ensuring that a private training establishment (whether registered or not) and any agent of the establishment comply with the provisions of this Act, the rules, and any approval, consent, or other authorisation granted by the Authority, the chief executive may authorise any person to do, at any reasonable time, any 1 or more of the following things:

      • (a) enter and inspect any premises (other than a dwellinghouse) that are occupied by the private training establishment or its agent:

      • (b) require any person to produce documents or information under the control of the person:

      • (c) inspect, photocopy, print out, or copy any documents (whether held in electronic or paper form) produced under paragraph (b) or that the authorised person believes on reasonable grounds to belong to the establishment:

      • (d) remove any document referred to in paragraph (c), whether in its original form or as an electronic or paper copy:

      • (e) require any employee or member of the establishment to make or provide statements, in any form and manner that the authorised person specifies:

      • (f) inspect any education and training work and any related materials:

      • (g) meet and talk with any person.

      (2) A person authorised by the chief executive under subsection (1) must—

      • (a) provide evidence of his or her authorisation to the person in charge of the premises when the person first enters the premises, and at any later time, at the request of the person in charge; and

      • (b) give that person a list of all documents that have been removed (if any); and

      • (c) return any documents that have been removed unless to do so would prejudice any investigation.

      (3) An authorisation under subsection (1) must be in writing and contain—

      • (a) a reference to this section; and

      • (b) the full name of the person authorised; and

      • (c) a statement of the powers conferred on that person under this section.

      Compare: 1989 No 80 s 78A

    Research

    256 Research
    • The Authority has power to carry out any research activities that it considers relevant to the performance of its functions.

      Compare: 1989 No 80 s 256

    Provisions relating to continuation, constitution, and operation of New Zealand Qualifications Authority

    256A Continuation of New Zealand Qualifications Authority
    • (1) There continues to be a New Zealand Qualifications Authority, which is the same body as the body of that name existing immediately before the commencement of the Education Amendment Act 2011.

      (2) The Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

      (3) The Crown Entities Act 2004 applies to the Authority except to the extent that this Act expressly provides otherwise.

      (4) The members of the Authority are the board for the purposes of the Crown Entities Act 2004.

      Compare: 1989 No 80 s 248

    256B Constitution
    • (1) The Authority must consist of not fewer than 8 nor more than 10 members.

      (2) In appointing members, the Minister must consult such persons, authorities, and bodies as the Minister considers appropriate and must have regard to the interests of industry, the professions, and the authorities and bodies that are respectively responsible for providing compulsory and post-compulsory education.

      (3) Subsection (2) does not limit section 29 of the Crown Entities Act 2004.

      Compare: 1989 No 80 s 249

    256C Chief executive
    • The Authority must from time to time appoint a chief executive of the Authority, on terms and conditions agreed by the Authority and the person appointed in accordance with section 117 of the Crown Entities Act 2004.

      Compare: 1989 No 80 s 254B

    256D Delegation by Authority
    • (1) The Authority must not delegate the power to appoint a chief executive.

      (2) Subsection (1) applies despite section 73 of the Crown Entities Act 2004.

      (3) A delegation under section 73 of the Crown Entities Act 2004 to the chief executive, if there is no chief executive for the time being, or if the chief executive is absent from duty, continues to have effect as if made to the person for the time being acting in place of the chief executive.

      Compare: 1989 No 80 s 251

    256E Membership of Government Superannuation Fund
    • Employment in the service of the Authority is Government service within the meaning of the Government Superannuation Fund Act 1956.

    256F Child care allowances
    • A member may be paid any allowances in respect of child care that the Authority determines.

    256G Taxation
    • (1) The Authority is deemed to be the agent of the Crown in respect of its property and the performance of its functions and is entitled accordingly to all the privileges the Crown enjoys in respect of exemption from taxation and the payment of fees or charges, and from other obligations.

      (2) Subsection (1) does not exempt the Authority from—

      • (a) the payment of goods and services tax under the Goods and Services Tax Act 1985; or

      • (b) any obligation imposed by that Act.

      Compare: 1989 No 80 s 254E.