Education (Establishment of Universities of Technology) Amendment Bill

  • discharged on 18 December 2008

Education (Establishment of Universities of Technology) Amendment Bill

Member's Bill

97—1

Explanatory note

General policy statement

The purpose of this Bill is to amend the Education Act 1989 to provide for the establishment of a new category of institution, a university of technology. Such a category will cater for institutions with a profile extending across the university and polytechnic sectors. The addition of such a category will help to bridge a significant legal gap within the current structure of the tertiary education sector, while enhancing flexibility and encouraging differentiation.

Universities of technology will have a primary responsibility for creating pathways for students to move seamlessly across all levels of tertiary education, providing the highest standards of professional and vocational education. By comparison with research-led universities, their lower proportion of research post-graduate students, and intensity of internationally published research, will be offset by a particularly strong commitment to high level professional and vocational education, establishment of close links with business and industry, engagement in applied research and advanced practice, delivery of appropriate sub-degree programmes, and provision for pathways by which students can progress to higher levels of education and training as and when required to pursue their career goals.

The creation of a new category of tertiary institution will reflect the international diversification of higher education providers, and natural development following the creation of the new class of specialist colleges.

Background

The Education Act currently categorises institutions as universities, polytechnics, colleges of education, specialist colleges or wananga. More flexibility is needed to better recognise dual-sector institutions that provide pathways from sub-degree to degree education. A university of technology will demonstrate the same essential characteristics as any other university, but the primary mission of a university of technology will be to raise workplace skills and knowledge to meet a broad spectrum of industry, business and community needs.

The establishment of the university of technology category will bring the New Zealand tertiary sector into line with tertiary sectors overseas. The capacity to recognise tertiary institutions in New Zealand as universities of technology will also allow those institutions effectively operating as such to promote themselves accurately in the overseas market.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. The Act comes into force on the day after the date on which it receives the Royal assent.

Clause 3 states that the principal Act being amended is the Education Act 1989.

Clause 4 provides that the purpose of the Act is to establish a new university of technology category of institution and provide for university of technology to be a protected term.

Clause 5 amends the definition of institution in section 159 of the Education Act, and includes a definition of a university of technology. It makes a consequential amendment to section 159(3).

Clause 6 sets out the characteristics of a university of technology and makes consequential amendments to section 162 of the Education Act, which deals with the establishment of institutions, to include universities of technology.

Clause 7 clarifies that the status of a university of technology is a body corporate under section 166 of the Education Act.

Clause 8 amends section 264A of the Education Act to allow registered establishments to apply to the Minister for consent to use the term university of technology.

Clause 9 amends the offence provisions in section 292 of the Education Act to provide that it is an offence to use the term university of technology unless authorised by the provisions of the Education Act.


Hon Brian Donnelly

Education (Establishment of Universities of Technology) Amendment Bill

Member's Bill

97—1

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Education (Establishment of Universities of Technology) Amendment Act 2006.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
  • This Act amends the Education Act 1989.

4 Purpose
  • The purpose of this Act is to provide for the establishment of a new category of institution, a university of technology, in accordance with the process in section 162 of the principal Act, and to provide for protection of that term.

5 Interpretation
  • (1) The definition of institution in section 159 is amended by inserting the following paragraph after paragraph (c):

    • (ca) a university of technology; or.

    (2) Section 159 is amended by inserting the following definition after the definition of University Grants Committee:

    university of technology means, subject to subsection (3), a body established as a university of technology under section 162(2).

    (3) Section 159(3) is amended by inserting , university of technology after university.

6 Establishment of institutions
  • (1) Section 162(2) is amended by inserting a university of technology, after university,.

    (2) Section 162(4) is amended by inserting a university of technology, after In recommending to the Governor-General under subsection (2) of this section that a body should be established as a college of education, a polytechnic, a specialist college, a university,.

    (3) Section 162(4)(b) is amended by inserting the following subparagraph after subparagraph (iii):

    • (iiia) a university of technology offers both university and polytechnic education, with a balanced profile extending from vocational training to doctoral studies, and is characterised by a wide diversity of teaching, research, and advanced practice, much of it at higher levels, that maintains, advances, disseminates, and assists the application of knowledge and professional expertise, develops intellectual independence, and promotes community learning:.

7 Incorporation
  • Section 166 is amended by inserting university of technology, after specialist college,.

8 Minister may consent to registered establishments using certain terms in their names
  • Section 264A(1) is amended by inserting or university of technology, after university,.

9 Offences
  • Section 292(4) is amended by inserting the following paragraph after paragraph (a):

    • (ab) use the term ‘university of technology’ to describe an educational establishment or facility unless the educational establishment or facility—

      • (i) is a university of technology; or

      • (ii) is a registered establishment that has the Minister's permission under section 264A to use the term; or

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