Education Amendment Act 2011

Amendments to Part 24 of principal Act

42  New sections 292 to 292H substituted
  • Section 292 is repealed and the following sections are substituted:

    292 Offences relating to use of certain terms
    • (1) A person commits an offence who—

      • (a) uses the term university to describe an educational establishment or facility unless the educational establishment and facility—

        • (i) is a university; or

        • (ii) is a registered establishment that has the Minister's consent under section 253C to use the term; or

        • (iii) was a university but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a university as set out in section 162(4)(a) and (b)(iii):

      • (b) uses the term college of education to describe an educational establishment or facility unless the educational establishment or facility—

        • (i) is a college of education; or

        • (ii) is a registered establishment that has the Minister's consent under section 253C to use the term; or

        • (iii) was a college of education but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a college of education as set out in section 162(4)(b)(i):

      • (c) uses the term polytechnic to describe an educational establishment or facility unless the educational establishment or facility—

        • (i) is a polytechnic or institute of technology; or

        • (ii) is a registered establishment that has the Minister's consent under section 253C to use the term; or

        • (iii) was a polytechnic or institute of technology but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a polytechnic as set out in section 162(4)(b)(ii):

      • (d) uses the term institute of technology to describe an educational establishment or facility unless the educational establishment or facility—

        • (i) is an institute of technology or a polytechnic; or

        • (ii) is a registered establishment that has the Minister's permission under section 253C to use the term; or

        • (iii) was an institute of technology or a polytechnic but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a polytechnic as set out in section 162(4)(b)(ii).

      (2) A person (other than a university) commits an offence who grants or purports to grant an award that is described as a degree, or the description of which includes the word bachelor, master, doctor, or postgraduate, unless—

      • (a) the person has the consent of the Qualifications Authority; or

      • (b) as provided by section 192(11).

      (3) A person commits an offence who, without the consent of the Qualifications Authority, grants or purports to grant an award which, or the name or description of which, includes the word national or the words New Zealand.

      (4) A person who commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000.

      Compare: 1989 No 80 s 292

    292A Offences relating to false representations
    • (1) A person commits an offence who falsely represents, expressly or by implication, that—

      • (a) a qualification is listed on the Qualifications Framework; or

      • (b) a programme is an approved programme; or

      • (c) a training scheme is an approved training scheme; or

      • (d) a body is a registered establishment; or

      • (e) a programme or training scheme provided by a body—

        • (i) is an approved programme or training scheme; or

        • (ii) leads to a qualification listed on the Qualifications Framework; or

      • (f) a body has accreditation to provide an approved programme or training scheme; or

      • (g) a body is providing or purports to provide an approved training scheme; or

      • (h) a body is providing or purports to provide an approved programme; or

      • (i) a body has consent to assess against standards; or

      • (j) a standard is on the Directory of Assessment Standards; or

      • (k) the person is an agent of an institution (as that term is defined in section 249(1)) when the person is not.

      (2) A person who commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000.

    292B Liability of body corporate and directors in respect of false representations
    • (1) If, in proceedings in respect of conduct engaged in by a body corporate, being conduct in relation to which section 292A(1) applies, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, an employee, or an agent of the body corporate, acting within the scope of that person's actual or apparent authority, had that state of mind.

      (2) For the purpose of section 292A, any conduct engaged in on behalf of a body corporate—

      • (a) by a director, an employee, or an agent of the body corporate, acting within the scope of that person's actual or apparent authority; or

      • (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, an employee, or an agent of the body corporate, given within the scope of the actual or apparent authority of the director, employee or agent,—

      is deemed to have been engaged in also by the body corporate.

      (3) If a body corporate is convicted of an offence under section 292A(1), any director of the body corporate, and, if the body corporate is a private training establishment, any governing member of the establishment, is to be treated as having committed the same offence, if—

      • (a) the director or governing member approved of the act that constituted the offence; or

      • (b) the director or governing member knew the offence was to be or was being committed and failed to take all reasonable steps to prevent it.

      (4) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for that intention, opinion, belief, or purpose.

      (5) In this section, governing member has the meaning given to it in section 232.

      Compare: 1986 No 121 s 45(1), (2), (5)

    292C Offence to issue false qualifications and falsify records
    • (1) A person commits an offence who knowingly or recklessly issues an award that falsely represents that a person has achieved a qualification listed on the Qualifications Framework.

      (2) A person commits an offence who receives an award knowing that the award falsely represents that he or she has achieved a qualification listed on the Qualifications Framework.

      (3) A person commits an offence—

      • (a) who enters or changes results on a student's record of achievement, knowing that the results or changes have the effect of falsifying the student's record:

      • (b) who, without reasonable excuse or lawful authority, causes entries or changes to be made on a student's record that have the effect of falsifying the student's record.

      (4) A person who commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000.

    292D Offence to fail to comply with section 236A (student records)
    • (1) A private training establishment commits an offence that fails, without reasonable excuse, to comply with the requirements of section 236A.

      (2) A private training establishment that commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000.

    292E Offence to provide or advertise cheating services
    • (1) A person commits an offence if the person provides any service specified in subsection (4) with the intention of giving a student an unfair advantage over other students.

      (2) A person commits an offence if the person advertises any service described in subsection (4) knowing that the service has or would have the effect of giving a student an unfair advantage over other students.

      (3) A person commits an offence who, without reasonable excuse, publishes an advertisement for any service described in subsection (4).

      (4) The services referred to in subsections (1) to (3) are as follows:

      • (a) completing an assignment or any other work that a student is required to complete as part of a programme or training scheme:

      • (b) providing or arranging the provision of an assignment that a student is required to complete as part of a programme or training scheme:

      • (c) providing or arranging the provision of answers for an examination that a student is required to sit as part of a programme or training scheme:

      • (d) sitting an examination that a student is required to sit as part of a programme or training scheme or providing another person to sit the exam in place of the student.

      (5) A person who commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000.

      (6) In this section,—

      programme has the meaning given to it in section 159(1)

      student means a student of a programme or training scheme

      training scheme has the meaning given to it in section 159(1).

    292F Offences relating to enrolment of international students and registration of private training establishments
    • (1) Where the Council of an institution contravenes section 224(7), the institution commits an offence.

      (2) A private training establishment that contravenes section 232A(1), 232A(2), or 232C commits an offence.

      (3) A body that commits an offence against this section is liable, on summary conviction, to a fine not exceeding $10,000.

    292G Offence to contravene requirements in section 234E relating to student fees
    • (1) A private training establishment that contravenes section 234E(1) commits an offence.

      (2) A person who contravenes section 234E(2) commits an offence.

      (3) A private training establishment or person that commits an offence against this section is liable, on summary conviction, to a fine not exceeding $10,000.

    292H Injunctions and orders of High Court
    • (1) If a person has engaged, is engaging, or proposes to engage, in conduct that contravenes section 224(7) or any of sections 292 to 292F, the High Court may, on application by the Qualifications Authority, grant an injunction or make any appropriate order—

      • (a) restraining the person from engaging in that conduct; or

      • (b) for the purpose of ensuring that the person does not engage in that conduct.

      (2) The court may grant an injunction or make an order under subsection (1) on any terms that it considers appropriate.

      Compare: 1989 No 80 s 292(12).