Secondary School Academic Bursaries Regulations 1973

  • revoked
  • Secondary School Academic Bursaries Regulations 1973: revoked, on 1 June 2013, by clause 3 of the School Boarding Bursaries (Revocation of Regulations) Order 2013 (SR 2013/105).

Reprint
as at 1 June 2013

Coat of Arms of New Zealand

Secondary School Academic Bursaries Regulations 1973

(SR 1973/225)

Denis Blundell, Governor-General

Order in Council

At the Government House at Wellington this 17th day of September 1973

Present:
His Excellency the Governor-General in Council

  • Secondary School Academic Bursaries Regulations 1973: revoked, on 1 June 2013, by clause 3 of the School Boarding Bursaries (Revocation of Regulations) Order 2013 (SR 2013/105).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Education.


Pursuant to the Education Act 1964, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title
  • These regulations may be cited as the Secondary School Academic Bursaries Regulations 1973.

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    bursary means an academic bursary payable under these regulations

    home, in relation to a pupil, means the home, or usual place of residence, in New Zealand, of the pupil

    nominated subject means a subject prescribed for the school certificate examination in accordance with the Education (Secondary Instruction) Regulations 1968 (SR 1968/63) in which a pupil desires to be given instruction

    Secretary means the Secretary of Education.

    Regulation 2 Director-General: revoked, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 2 Secretary: inserted, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

3 Award of bursaries
  • The Secretary may, in accordance with these regulations, award a bursary to any pupil eligible to receive the bursary to enable him to study at a State secondary school or a registered private secondary school.

    Regulation 3: amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

4 Value of bursary

[Revoked]

  • Regulation 4: revoked, on 11 September 1980, by regulation 5(c) of the Education Bursaries Regulations 1980 (SR 1980/182).

4A Transitional
  • Notwithstanding regulation 4 and regulation 14, the maximum annual value of a bursary for the year 1977 shall be $433, payable by instalments of $133 each in respect of the first and second terms and $167 in respect of the third term; and deductions from payments in respect of the third term on account of absence shall be made at the rate of $2.50 per day.

    Regulation 4A: inserted, on 12 December 1977, by regulation 3 of the Secondary School Academic Bursaries Regulations 1973, Amendment No 2 (SR 1977/314).

5 Number of bursaries awarded annually
  • The maximum number of bursaries which may be awarded annually shall be 400.

6 Eligibility for bursary
  • A pupil shall be eligible to receive a bursary if he—

    • (a) is unable to obtain instruction for the purposes of his sitting the school certificate examination in 1 or more of his nominated subjects at the nearest State secondary school at which he could reasonably be expected to attend; and

    • (b) would be required to live away from home in order to obtain instruction at a State secondary school in his nominated subjects, and his home is more than 4.8 km from the nearest State secondary school at which he could obtain that instruction; and

    • (c) requires a course of instruction in at least 3 nominated subjects:

    • (d) includes among his nominated subjects at least 3 of the following subjects:

      • (i) Maori:

      • (ii) a language other than Maori or English:

      • (iii) a second language other than Maori or English:

      • (iv) science:

      • (v) mathematics:

    • (e) is recommended by the head teacher of the primary school that he at present attends or did last attend, or the principal of the secondary school that he at present attends, as having sufficient ability to be able to complete his chosen course of study and pass the school certificate examination in at least any 3 subjects.

7 Bursary for daily travel
  • Notwithstanding anything in paragraph (b) of regulation 6, the Secretary may grant a bursary to a pupil to enable him to travel daily to and from a State secondary school or a registered private secondary school where he can obtain suitable instruction for the purposes of these regulations.

    Regulation 7: amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

8 Academic ability to be taken into account in awarding bursaries
  • (1) In awarding a bursary the Secretary shall have regard to the relative standards of academic ability of all the eligible applicants.

    (2) The principal or head teacher of the school in which the applicant is at present enrolled, or if the applicant is not at present enrolled in any school, the principal or head teacher of the school in which the applicant was last enrolled, shall forward to the Secretary together with the application for a bursary a confidential report on the form supplied by the Secretary on the academic attainment of the applicant.

    Regulation 8(1): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 8(2): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

9 Bursaries not tenable with other awards
  • (1) Notwithstanding anything in these regulations, no pupil shall, unless with the authority of the Secretary given after consideration of the special circumstances of any case, or class of cases, be eligible to receive any bursary while he holds any other scholarship, bursary, or allowance, by whatever name called, awarded or made from public funds for the purpose of assisting him to further his education.

    (2) If, with the authority of the Secretary, any pupil receives a bursary concurrently with any other scholarship, bursary, or allowance, awarded or made from public funds, the value of the bursary under these regulations may be reduced by such amount (if any) as the Secretary considers reasonable in the circumstances.

    Regulation 9(1): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 9(2): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

10 Applications for bursaries
  • Every application for the award of a bursary shall be made by the applicant to the head teacher or principal of the school at which the applicant is at present enrolled, or if the applicant is not at present enrolled in any school, by the head teacher or principal of the school in which the applicant was last enrolled, on the form provided by the Secretary for the purpose, and the head teacher or principal shall not later than 15 October of the year immediately preceding that to which the application relates, send the application to the Secretary.

    Regulation 10: amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

11 Tenure of bursaries
  • A bursary shall be awarded for an initial period of 1 year. Except as otherwise provided by these regulations, if the pupil remains eligible to receive the bursary and remains enrolled at the same school, and has his home in the same location, as those shown in his application for the bursary, a bursary may be renewed each succeeding year after the initial year until the pupil sits the school certificate examination; but no pupil shall receive a bursary for a total of more than 3 years.

12 Variation in course of instruction
  • Subject to paragraph (d) of regulation 6, with the prior approval of the Secretary, the bursar may at any time change any nominated subject to any other nominated subject.

    Regulation 12: amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

13 Assessment of progress
  • (1) The principal of any secondary school at which a bursar is for the time being enrolled as a pupil shall, at the end of each school term, report to the Secretary, on the form provided by the Secretary, making an assessment on the academic progress of the bursar.

    (2) The assessment given for each bursar shall be used by the Secretary in assessing the academic progress of the bursar for the purposes of paragraph (c) of subclause (1) of regulation 15.

    Regulation 13(1): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 13(2): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

14 Payment of bursaries
  • (1) Except for the purposes of regulation 7, payment of a bursary shall be made at the end of each school term as follows:

    • (a) if the pupil is boarding at a hostel under the control of the controlling authority of a school, to the controlling authority to be credited to the hostel account of the pupil; or

    • (b) if the pupil is boarding privately, to the school controlling authority of the school he attends which shall pay the sum received to the pupil's parents or to the authorised agent of the pupil's parents.

    (2) Notwithstanding anything in subclause (1), in special circumstances payments may be in such other manner as the Secretary may determine.

    (3) Subject to subclauses (3A) and (4), the amount otherwise payable to the holder of a bursary during any term shall be reduced by 1.5% of that amount for every school day during that term on which the holder was absent from school.

    (3A) For the purpose of calculating the number of days during any term in respect of which the amount of a bursary is to be reduced, account shall be taken of neither—

    • (a) the first 20 school days of absence during the term in respect of which the Secretary is satisfied, on the advice of the principal of the school, that the holder was absent on account of sickness; nor,

    • (b) the first 5 school days of absence during that term in respect of which the Secretary is satisfied, on the advice of the principal of the school, that the holder's absence due to some other reasonable cause.

    (4) Notwithstanding anything in subclause (3), in special circumstances the Secretary may authorise payment for absences beyond the limits specified.

    Regulation 14(2): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 14(3): replaced, on 21 July 1978, by regulation 3 of the Secondary School Academic Bursaries Regulations 1973, Amendment No 3 (SR 1978/198).

    Regulation 14(3A): inserted, on 21 July 1978, by regulation 3 of the Secondary School Academic Bursaries Regulations 1973, Amendment No 3 (SR 1978/198).

    Regulation 14(3A)(a): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 14(3A)(b): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 14(4): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

15 Cancellation of bursary by Secretary
  • (1) The award of a bursary shall be cancelled by the Secretary if—

    • (a) the bursar fails to attend school regularly; but if the Secretary is satisfied after inquiry that the failure is due to illness or other cause beyond the control of the bursar he may allow the bursary to continue subject to the abatements specified in subclause (3) of regulation 14; or

    • (b) the bursar is expelled from the school; or

    • (c) the bursar fails to maintain to the satisfaction of the Secretary a continuing level of satisfactory academic progress.

    (2) If a pupil is suspended from school for misconduct but is permitted back into the school, no payment shall be made in respect of the period of suspension, but the bursary shall otherwise continue.

    (3) A bursary awarded under these regulations may be cancelled or abated to any degree by the Secretary if he is satisfied that the circumstances of the pupil have altered so that the pupil no longer needs it or that he needs only a part of it to enable him to continue his selected course of instruction.

    Regulation 15 heading: amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 15(1): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 15(1)(a): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 15(1)(c): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

    Regulation 15(3): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

16 Termination of bursary
  • (1) The award of a bursary shall be terminated immediately—

    • (a) the bursar transfers from the school shown in his application for the award of the bursary, to another school; or

    • (b) the bursar varies his course of instruction without permission from that which was notified to the Secretary on his application form; or

    • (c) the bursar ceases to be eligible for the award of the bursary by reason of—

      • (i) a change in the location of his home; or

      • (ii) the commencing of a course of instruction in the subjects selected by the bursar in a State secondary school not more than 4.8 km from his home.

    (2) Notwithstanding anything in subclause (1),—

    • (a) the termination of a bursary under paragraph (a) or paragraph (b) of subclause (1) shall not prevent the former bursar, if while attending school he is still eligible for the award of a bursary, from reapplying for the award of a bursary; and

    • (b) no bursary shall be terminated under subsection (c) of subclause (1)—

      • (i) in the case of a pupil enrolled in a class up to and including form 4 until the end of the current school term; or

      • (ii) in the case of a pupil enrolled in form 5 until the end of the current school year.

    Regulation 16(1)(b): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

17 Reporting changed circumstances
  • (1) The head teacher or principal of any school at which a bursar is for the time being enrolled as a pupil shall report in writing to the Secretary any circumstances coming to his notice which render the bursar ineligible to hold the bursary, or would require the Secretary to cancel or abate payments under it.

    (2) The parent or guardian of a bursar shall inform the controlling authority of the school attended by the bursar of any changed circumstances which would render the bursar ineligible to hold the bursary or to continue to receive payments at the same rate.

    Regulation 17(1): amended, on 1 October 1989, pursuant to section 144(2)(a) of the Education Act 1989 (1989 No 80).

18 Special provisions relating to 1976

[Revoked]

  • Regulation 18: revoked, on 12 December 1977, by regulation 4(a) of the Secondary School Academic Bursaries Regulations 1973, Amendment No 2 (SR 1977/314).

P G Millen,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 September 1973.


School Boarding Bursaries (Revocation of Regulations) Order 2013

(SR 2013/105)

Hon Sir William Young, Administrator of the Government

Order in Council

At Wellington this 15th day of April 2013

Present:
His Excellency the Administrator of the Government in Council

Pursuant to section 303 of the Education Act 1989, His Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

2 Commencement
  • This order comes into force on 1 June 2013.

4 Transitional provisions
  • Despite clause 3,—

    • (a) the terms and conditions of any bursary or scholarship awarded to a student before the commencement of this order under any of the regulations specified in the Schedule are unaffected by this order; and

    • (b) the regulations specified in the Schedule continue to apply to any bursary or scholarship awarded to a student under those regulations before the commencement of this order.

Martin Bell, 
for Clerk of the Executive Council.

Date of notification in Gazette: 18 April 2013.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Secondary School Academic Bursaries Regulations 1973. The reprint incorporates all the amendments to the regulations as at 1 June 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • School Boarding Bursaries (Revocation of Regulations) Order 2013 (SR 2013/105): clause 3

    Education Act 1989 (1989 No 80): section 144(2)(a)

    Education Bursaries Regulations 1980 (SR 1980/182): regulation 5(c)

    Secondary School Academic Bursaries Regulations 1973, Amendment No 3 (SR 1978/198)

    Secondary School Academic Bursaries Regulations 1973, Amendment No 2 (SR 1977/314)