Education Amendment Act 2011

New Part 21 of principal Act inserted

39  New Part 21 inserted
  • The following Part is inserted after Part 20:

    Part 21
    Education New Zealand

    269 Education New Zealand established
    • (1) An organisation called Education New Zealand is established.

      (2) Education New Zealand is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

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

    269A Interpretation
    • In this Part, unless the context otherwise requires, board means the board of Education New Zealand.

    270 Functions
    • (1) In performing its functions under this Act or any other enactment, Education New Zealand must give effect to the Government’s policy on international education.

      (2) The functions of Education New Zealand are—

      • (a) to deliver strategies, programmes, and activities for promoting, together with providers and other government agencies, New Zealand education overseas; and

      • (b) to promote New Zealand as an educational destination for international students; and

      • (c) to promote the provision of New Zealand education and training services overseas; and

      • (d) to manage, in collaboration with other government agencies, activities undertaken by representatives appointed to act on behalf of the New Zealand Government in relation to international education; and

      • (e) to carry out research on international education markets and marketing strategies; and

      • (f) to administer any international programmes or activities that are consistent with the Government's policy on international education; and

      • (g) to provide information, advice, and assistance to providers on strategies to promote industry co-ordination and professional development; and

      • (h) to provide information to international students about living and studying in New Zealand; and

      • (i) to work with other agencies to ensure that international students are adequately supported while living and studying in New Zealand; and

      • (j) to foster collaborative networks with former international students; and

      • (k) to perform any other function directed by the Minister under subsection (3).

      (3) The Minister may direct Education New Zealand to perform any function that the Minister considers consistent with the Government’s policy on international education.

      (4) In this section, providers means any organisation that provides education, training, or education-related services.

    271 International education strategy
    • (1) The Minister may, from time to time, issue an international education strategy that sets out—

      • (a) the Government's long-term strategic direction for international education; and

      • (b) the Government's current and medium-term priorities for international education.

      (2) Before issuing the Government's international education strategy, the Minister must consult with organisations or people that, in the Minister's opinion, have a substantial interest in international education and ought to be consulted.

    272 Membership of board of Education New Zealand
    • (1) The board of Education New Zealand consists of at least 5 members and no more than 7 members appointed by the Minister under section 28 of the Crown Entities Act 2004.

      (2) Before appointing any member to the board, the Minister must consult with—

      • (a) the bodies that represent the organisations involved in the provision of international education; and

      • (b) any organisations or people that, in the Minister's opinion, have a substantial interest in the board's operations.

    272A Special advisers to the board
    • (1) The Minister may appoint as special advisers to the board—

      • (a) the Secretary for Education; and

      • (b) the chief executive of the department responsible for the administration of the Immigration Act 2009; and

      • (c) any other person as the Minister determines.

      (2) The function of a special adviser is to assist the board to align its strategies and activities with Government policy.

      (3) A special adviser may attend any meeting of the board or any board committees but may not vote.

      (4) The board (including any board committee) must give the special advisers sufficient notice of its meetings and copies of all documents and materials to be considered at each meeting.

      (5) A special adviser may delegate to any person his or her functions and powers conferred by this section, and the delegate may exercise those functions and powers in the same manner and with the same effect as if they had been conferred directly by this section and not by delegation.

      (6) Every person purporting to act under a delegation under subsection (5) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

    272B International education stakeholder advisory committee
    • (1) The Minister may establish a stakeholder advisory committee to provide expert advice to the board on matters relating to the exercise of its functions.

      (2) The board must consider any advice it receives from the committee.

      (3) The members of the committee must be appointed by the Minister, on terms and conditions that the Minister determines, by written notice to each member.

      (4) When appointing members of the committee, the Minister must ensure, as far as practicable, that—

      • (a) the committee's membership is broadly representative of the international education industry; and

      • (b) the members collectively have sufficient experience and knowledge of the international education industry to give appropriate advice to the board.

      (5) The Minister may give terms of reference on the topics or subject areas on which the committee may advise the board.

      (6) The committee must comply with any terms of reference given by the Minister.

      (7) The committee may determine its own procedure.

    273 Chief executive
    • (1) The board—

      • (a) must appoint a chief executive of Education New Zealand; and

      • (b) must act independently when appointing the chief executive; and

      • (c) may not delegate its duty under paragraph (a).

      (2) The chief executive must not be a member of the board.

    273A Responsibilities of chief executive
    • The chief executive is responsible for—

      • (a) the effective and efficient management and administration of Education New Zealand; and

      • (b) the achievement of outcomes identified in the statement of intent of Education New Zealand.

    273B Superannuation
    • (1) Any person who, immediately before becoming an employee of Education New Zealand, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the Government service so long as he or she continues to be an employee of Education New Zealand.

      (2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person's service as an employee of Education New Zealand were Government service.

      (3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.

      (4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of Education New Zealand is the controlling authority.

    274 Application of Part 2 of Commerce Act 1986
    • (1) For the purposes of section 43 of the Commerce Act 1986, the Governor-General may, by Order in Council, specifically authorise any act, matter, or thing, or kind of act, matter or thing, to be done or omitted to be done by Education New Zealand.

      (2) Part 2 of the Commerce Act 1986 does not apply to any act, matter, or thing, or kind of act, matter, or thing that is specifically authorised under subsection (1).

    274A Transfer of Ministry employees to Education New Zealand
    • (1) The chief executive of the Ministry of Education must identify the employees of the Ministry—

      • (a) whose duties are overall more closely connected with the functions of Education New Zealand than with the Ministry; and

      • (b) whose positions will, as a result of the establishment of Education New Zealand, cease to exist within the Ministry.

      (2) An employee who is identified under subsection (1) must be offered equivalent employment by Education New Zealand, being employment that is—

      • (a) in substantially the same position; and

      • (b) in the same general locality; and

      • (c) on terms and conditions that are no less favourable than those applying to the employee immediately before the date the offer of employment is made to that employee; and

      • (d) on terms that treat the period of service with the Ministry of Education (and every other period of service recognised by the Ministry of Education as continuous service) as if it were continuous service with Education New Zealand.

      (3) The employee is not entitled to receive any payment or other benefit on the ground that the position held by the person in the Ministry of Education has ceased to exist if—

      • (a) the employee’s position ceases to exist because the duties of the position are more closely connected with the functions of Education New Zealand; and

      • (b) the employee is offered employment in an equivalent position in Education New Zealand (whether or not the employee accepts the offer).

      (4) This section overrides any provision to the contrary in Part 6A of the Employment Relations Act 2000.

    274B No compensation for technical redundancy of employees of Education New Zealand Trust
    • (1) An employee of Education New Zealand Trust is not entitled to receive any payment or other benefit on the ground that the position held by the person in the Trust has ceased to exist if the employee's position ceases to exist because the duties of the position are more closely connected with the functions of Education New Zealand, and—

      • (a) the employee is offered employment in an equivalent position in Education New Zealand (whether or not the employee accepts the offer); or

      • (b) the employee is offered and accepts employment in Education New Zealand.

      (2) In subsection (1)(a), employment in an equivalent position means employment that is—

      • (a) in substantially the same position; and

      • (b) in the same general locality; and

      • (c) on terms and conditions that are no less favourable than those applying to the employee immediately before the date the offer of employment is made to that employee; and

      • (d) on terms that treat the period of service with Education New Zealand Trust (and every other period of service recognised by Education New Zealand Trust as continuous service) as if it were continuous service with Education New Zealand.