Secondary School Technical Bursaries Regulations 1977

  • revoked
  • Secondary School Technical Bursaries Regulations 1977: 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 Technical Bursaries Regulations 1977

(SR 1977/34)

Denis Blundell, Governor-General

Order in Council

At the Government House at Wellington this 1st day of March 1977

Present:
His Excellency The Governor-General in Council

  • Secondary School Technical Bursaries Regulations 1977: 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 Technical Bursaries Regulations 1977.

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

    agriculture subject means agriculture or horticulture

    bursary means a technical bursary awarded under these regulations

    home does not include any place outside New Zealand; but in relation to any pupil who otherwise has no home in New Zealand, includes that pupil's usual place of residence in New Zealand

    nearest, in relation to any pupil, means closest to that pupil's home

    workshop subject means—

    • (a) engineering shopwork; or

    • (b) woodwork; or

    • (c) workshop technology; or

    • (d) any subject recognised by the Director-General as a subject similar to any of those subjects.

    Regulation 2: substituted, on 28 August 1986, by regulation 2(1) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

3 Award of bursaries
  • The Director-General may, in accordance with these regulations, award a technical bursary to any pupil eligible to receive it, to enable him to obtain instruction in an agriculture subject or a workshop subject at a State secondary school or a registered private secondary school.

    Regulation 3: amended, on 28 August 1986, by regulation 3 of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

4 Value of bursary
  • [Revoked]

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

4A Transitional
  • Notwithstanding regulation 4 and regulation 17, 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 Technical Bursaries Regulations 1977, Amendment No 1 (SR 1977/315).

5 Classes of technical bursary
  • (1) There shall be 2 classes of technical bursary, junior bursaries and intermediate bursaries; and, subject to subclause (2), bursaries of each class may be awarded to enable pupils to study agriculture subjects or workshop subjects.

    (2) A junior bursary may be awarded only to enable a pupil to study at Form 4 level; and an intermediate bursary shall be awarded only to enable study at Form 5 level.

    Regulation 5: substituted, on 28 August 1986, by regulation 4 of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

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

    • (a) either—

      • (i) he wishes to obtain instruction in an agriculture subject (hereinafter in this regulation referred to as the subject concerned), but is unable to obtain instruction in any agriculture subject at the nearest State secondary school that, in the opinion of the Director-General, he could reasonably be expected to attend; or

      • (ii) he wishes to obtain instruction in a workshop subject (hereinafter in this regulation referred to as the subject concerned), but is unable to obtain instruction in any workshop subject at the nearest State secondary school that, in the opinion of the Director-General, he could reasonably be expected to attend; and

    • (b) in order to obtain instruction in the subject concerned at a State secondary school he would be obliged to live away from home; and

    • (c) he proposes to attend a school recognised by the Director-General for the purpose of giving instruction in agriculture subjects or workshop subjects (as the case requires) to bursars under these regulations; and

    • (d) he has completed 1 year of secondary education to a standard approved by the Director-General for the purposes of this regulation; and

    • (e) the principal of the school he attends (or last attended) recommends that he has sufficient ability to complete his proposed course of study satisfactorily.

    Regulation 6: substituted, on 28 August 1986, by regulation 5 of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

7 Junior bursary may not be awarded in certain circumstances
  • [Revoked]

    Regulation 7: revoked, on 28 August 1986, by regulation 5 of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

8 Eligibility for intermediate bursary
  • A pupil shall be eligible to receive an intermediate bursary if—

    • (a) he wishes to obtain instruction in an agriculture subject or a workshop subject, but is unable to obtain instruction in it at the nearest State secondary school that, in the opinion of the Director-General, he could reasonably be expected to attend; and

    • (b) in order to obtain instruction in the subject at a State secondary school, he would be obliged to live away from home; and

    • (c) he proposes to attend a school recognised by the Director-General for the purpose of giving instruction in agriculture subjects or workshop subjects (as the case requires) to bursaries under these regulations; and

    • (d) he has completed 2 years of secondary education—

      • (i) to a standard approved by the Director-General for the purposes of this regulation; and

      • (ii) that, in the opinion of the Director-General, is relevant to the subject; and

    • (e) he will not attain, or had not attained, the age of 17 years before 15 January in the year in which he proposes or proposed to commence instruction in the subject.

    Regulation 8: substituted, on 28 August 1986, by regulation 5 of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

9 Special provisions relating to registered private schools
  • Notwithstanding anything in regulations 6 and 8, a pupil enrolled at a registered private secondary school shall not be eligible for the award of a bursary under these regulations if there is a course of instruction in the subject concerned at some other registered private secondary school of his denomination situated not more than 4.8 kilometres from his home, being a course that, in the opinion of the Director-General, he could reasonably be expected to attend.

    Regulation 9: amended, on 28 August 1986, by regulation 2(2) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

10 Minister may authorise award of bursaries to pupils not otherwise eligible
  • Notwithstanding anything in regulations 6 and 8, the Minister may, subject to such conditions as he may from time to time determine, but otherwise in accordance with these regulations, authorise the award of bursaries to pupils or classes of pupil not otherwise eligible under these regulations.

11 Bursary for daily travel
  • Notwithstanding anything in regulation 6 or in regulation 8, where the Director-General considers that a pupil is living within a reasonable daily travelling distance, the Director-General may grant to the pupil a bursary the maximum value of which shall be limited to the rate for school transport assistance set from time to time by the Minister to enable the pupil to travel daily to and from a State secondary school, or a registered private secondary school, where he can obtain suitable instruction for the purpose of these regulations.

    Regulation 11: amended, on 28 August 1986, by regulation 2(3) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

12 Bursaries not tenable with other awards
  • (1) Notwithstanding anything in these regulations, no pupil shall, unless with the authority of the Director-General 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 Director-General, 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 Director-General considers reasonable in the circumstances.

13 Applications for bursaries
  • Every application for the award of a bursary shall be made to the Director-General on the form provided by the Director-General for the purpose not later than 31 March of the year to which the application relates:

    provided that the Director-General in his discretion, if he considers there are exceptional circumstances, may accept an application that is made after 31 March as aforesaid.

    Regulation 13: amended, on 19 June 1980, by regulation 2(a) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 3 (SR 1980/117).

    Regulation 13 proviso: amended, on 19 June 1980, by regulation 2(b) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 3 (SR 1980/117).

14 Tenure of bursary
  • (1) A junior bursary may be awarded to permit a pupil to obtain instruction in the subject concerned in Form 4 for 1 year.

    (2) An intermediate bursary may be awarded to permit a pupil to obtain instruction in the subject concerned in Form 5 for 1 year.

    (3) Except as otherwise provided in these regulations, an intermediate bursary may be renewed for a further year, if—

    • (a) the pupil remains eligible for the bursary; and

    • (b) the Director-General is satisfied with the pupil's progress; and

    • (c) the pupil remains enrolled at the same school and has his home in the same location:

      provided that the bursary may be so renewed notwithstanding a change in the location of the home of the pupil if the pupil remains enrolled at the same school or at some other school approved by the Director-General in relation to the particular renewal.

    Regulation 14(1): amended, on 28 August 1986, by regulation 2(4) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

    Regulation 14(2): amended, on 28 August 1986, by regulation 2(4) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

15 Retrospective award of bursaries
  • (1) In special circumstances approved by the Director-General a bursary may be awarded retrospectively to a pupil in respect of any period during which he was eligible to receive but did not receive a bursary:

    provided that no award shall be made—

    • (a) in respect of any period earlier than the beginning of the school year immediately before the year in which the pupil applied for a bursary:

    • (b) if the application is received after the termination of the pupil's secondary education.

    (2) The amount of any bursary awarded under this regulation, shall, in respect of the retrospective period for which it is awarded, be paid by way of a single payment to the parent or guardian of the pupil.

16 Variation in course of instruction
  • With the prior approval of the Director-General, the bursar may at any time change any of the subjects of his nominated course to any other subject appropriate to that course, or he may change his nominated course.

17 Payment of bursaries
  • (1) Except for the purposes of regulation 11, 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 controlling authority 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 made in such other manner as the Director-General 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 that term in respect of which the Director-General 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 Director-General is satisfied, on the advice of the principal of the school, that the holder's absence was due to some other reasonable cause.

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

    Regulation 17(3): substituted, on 21 July 1978, by regulation 3 of the Secondary School Technical Bursaries Regulations 1977, Amendment No 2 (SR 1978/200).

    Regulation 17(3A): inserted, on 21 July 1978, by regulation 3 of the Secondary School Technical Bursaries Regulations 1977, Amendment No 2 (SR 1978/200).

18 Cancellation of bursary by Director-General
  • (1) The award of a bursary shall be cancelled by the Director-General if—

    • (a) the bursar fails to attend school regularly:

      provided that, if the Director-General 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 17; or

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

    • (c) the bursar fails to maintain to the satisfaction of the Director-General a continuing level of satisfactory 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 Director-General 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.

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

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

    • (b) the bursar without the prior approval of the Director-General varies his course of instruction from that which was notified to the Director-General 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 recognised by the Director-General for the award of technical bursaries in the subject concerned at a State secondary school situated not more than 4.8 kilometres from the pupil's home; or

      • (iii) where a pupil is enrolled at a registered private secondary school, the commencing of a course of instruction recognised by the Director-General for the award of technical bursaries in the subject concerned at some other registered private secondary school of his denomination situated not more than 4.8 kilometres from his home, being a secondary school that in the opinion of the Director-General he could reasonably be expected to attend.

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

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

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

      • (i) in the case of a pupil enrolled in 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 19(1)(b): amended, on 28 August 1986, by regulation 2(5)(a) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

    Regulation 19(1)(c)(ii): amended, on 28 August 1986, by regulation 2(5)(b) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

    Regulation 19(1)(c)(iii): amended, on 28 August 1986, by regulation 2(5)(b) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

20 Reporting changed circumstances
  • (1) The principal of any school at which a bursar is for the time being enrolled as a pupil shall report in writing to the Director-General any circumstances coming to his notice that render the bursar ineligible to hold the bursary, or that would require the Director-General 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 that would render the bursar ineligible to hold the bursary or to continue to receive payments at the same rate.


Schedule
Nominated courses

r 2

[Revoked]

  • Schedule: revoked, on 28 August 1986, by regulation 2(6) of the Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188).

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: 3 March 1977.


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 Technical Bursaries Regulations 1977. 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

    Secondary School Technical Bursaries Regulations 1977, Amendment No 4 (SR 1986/188)

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

    Secondary School Technical Bursaries Regulations 1977, Amendment No 3 (SR 1980/117)

    Secondary School Technical Bursaries Regulations 1977, Amendment No 2 (SR 1978/200)

    Secondary School Technical Bursaries Regulations 1977, Amendment No 1 (SR 1977/315)