Education (Update) Amendment Act 2017

  • A correction has been made to section 156(2) on 19 May 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
156 New Schedule 1 inserted

(1)

Insert the Schedule 1 set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act.

(2)

In Schedule 1, after Part 3, insert:

Part 4 Provisions relating to Careers New Zealand

4 Interpretation

In this schedule, unless the context otherwise requires,—

assets has the same meaning as in clause 2 of Schedule 20

Careers New Zealand means the Service that was continued under section 279 (as it read immediately before the commencement of this clause)

Commission means the Tertiary Education Commission established under section 159C

liabilities has the same meaning as in clause 2 of Schedule 20.

5 Dissolution

Careers New Zealand is dissolved.

6 Assets and liabilities

(1)

The assets and liabilities of Careers New Zealand vest in the Commission.

(2)

All money payable to or by Careers New Zealand becomes payable to or by the Commission.

(3)

Anything done, omitted to be done, or to be done by, or in relation to, Careers New Zealand is to be treated as having been done, having been omitted to be done, or having to be done by, or in relation to, the Commission.

(4)

However, any individual or collective employment agreement with Careers New Zealand ceases to apply.

7 Transfer of information

(1)

All information held by Careers New Zealand is transferred to the Commission.

(2)

The transfer does not constitute an action that is an interference with the privacy of an individual under section 66 of the Privacy Act 1993.

8 Proceedings

(1)

All proceedings or any other matters involving Careers New Zealand that are yet to be determined or completed on the commencement of this clause are to be determined or completed by the Commission in accordance with the provisions of this Act as in force immediately before the commencement of this clause as if the Commission were Careers New Zealand.

(2)

No action may be taken in relation to any breach of contract, lease, or licence arrangement arising from—

(a)

the vesting of assets or liabilities in the Commission:

(b)

the cessation of any individual or collective employment agreement.

9 References to Careers New Zealand

(1)

This clause applies to—

(a)

things that are in force or existing immediately before the commencement of this clause; and

(b)

references in any thing, including (without limitation) enactments, rules, bylaws, deeds, agreements, proceedings, instruments, documents, and notices.

(2)

If this clause applies, every reference in any thing specified in subclause (1) to Careers New Zealand is, on or after the commencement of this clause, to be treated as a reference to the Commission unless the context otherwise requires.

(3)

This clause does not apply to any collective employment agreement with Careers New Zealand.

10 Repeal of clauses 6 to 9 and this clause

(1)

Clauses 6 to 9 are repealed on 1 January 2018.

(2)

This clause is repealed on 2 January 2018.

(3)

In Schedule 1, after Part 4, insert:

Part 5 Provision relating to cohort entry

11 Determining mid-term dates under cohort entry policy for 2018

(1)

This clause applies for the 2018 school year.

(2)

The Minister may, before 1 August 2017, prescribe the mid-term dates for 2018.

(3)

This clause overrides section 5B(3) and (4).

(4)

After Part 5 of Schedule 1, insert:

Part 6 Provisions relating to communities of online learning

12 Transitional provisions relating to communities of online learning

(1)

A school that was, immediately before the commencement of this clause, a correspondence school is to be treated as fully accredited as an enrolling community of online learning.

(2)

A school that was, immediately before the commencement of this clause, a correspondence school offering early childhood education classes may continue to offer such classes.

(3)

Every person who is lawfully enrolled at a correspondence school immediately before the commencement of this clause and who is entitled under section 3 to a free education at a State school is to be treated as having been enrolled at that school.

(4)

In this clause, enrolling community of online learning has the same meaning as in section 2(1).