Education (Pastoral Care of International Students) Code of Practice 2016

26 Process: accommodation

(1)

In relation to an international student under 18 years who is in the care of a residential caregiver, the signatory must—

(a)

ensure that the student’s accommodation is safe, is in acceptable condition, and meets all regulatory and legislative requirements; and

(b)

ensure that the safety check referred to in clause 26A(1) is completed and is up to date; and

(ba)

ensure that an appropriate check is completed and is up to date for each person who is 18 years or over and who resides at the residential caregiver’s accommodation, for the purpose of ensuring the safety of the student; and

(bb)

have a written agreement with the residential caregiver that specifies the role and responsibilities of each party in relation to the care of the student; and

(c)

maintain effective communication with the student and the student’s parent or legal guardian when accommodation issues arise, and must take responsibility for addressing those issues, including reporting them to relevant authorities and moving students to appropriate accommodation; and

(d)

conduct sufficient student interviews and home visits to monitor and review the quality of residential care, taking into consideration the age of the student, the length of the stay, and other relevant factors; and

(e)

if the student’s residential caregiver is a designated caregiver, ensure that the parent or legal guardian of the student has provided written agreement that the designated caregiver will be subject to the signatory’s approval and that the signatory is not responsible for the student’s day-to-day care when the student is in the custody of the designated caregiver; and

(ea)

if the student’s residential caregiver is a supervisor described in clause 26A(2), ensure that the parent or legal guardian of the student has provided written agreement that the signatory is not responsible for the student’s day-to-day care when the student is in the custody of that supervisor; and

(f)

ensure that there is appropriate separation of international students from others of different ages in the accommodation; and

(g)

ensure that the student is appropriately supervised in the accommodation.

(1A)

For the purposes of subclause (1)(ba), a person who is 18 years or over and who resides at the residential caregiver’s accommodation includes a person of that age who—

(a)

temporarily resides at that accommodation; or

(b)

is or will be residing at that accommodation for 1 or more periods in any month (whether or not for valuable consideration), each period of which is 5 or more consecutive nights.

(2)

In relation to an international student 18 years or over who lives in accommodation provided or arranged by a signatory, the signatory must—

(a)

ensure that the student’s accommodation is safe, is in acceptable condition, and meets all regulatory and legislative requirements; and

(b)

maintain effective communication with the student when accommodation issues arise, and must take responsibility for addressing those issues, including reporting them to relevant authorities.

(3)

In relation to an international student 18 years or over who arranges accommodation for themselves, the signatory must ensure that the student is directed to relevant advice and information that will enable the student to understand their rights and obligations as a tenant in New Zealand.

(3A)

To avoid doubt, if the residential caregiver is a supervisor described in clause 26A(2) or a designated caregiver, the signatory must meet the requirements of this clause and ensure the safety, health, and well-being of the student.

(4)

In this clause, accommodation issues includes issues of health and well-being arising from a student’s accommodation or connected with it.

Clause 26(1)(b): replaced, on 1 July 2019, by clause 17(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(1)(ba): inserted, on 1 July 2019, by clause 17(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(1)(bb): inserted, on 1 July 2019, by clause 17(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(1)(c): amended, on 1 July 2019, by clause 17(2) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(1)(e): amended, on 1 July 2019, by clause 17(3)(a) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(1)(e): amended, on 1 July 2019, by clause 17(3)(b) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(1)(ea): inserted, on 1 July 2019, by clause 17(4) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(1)(f): amended, on 1 July 2019, by clause 17(5) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(1A): inserted, on 1 July 2019, by clause 17(6) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(3): amended, on 1 July 2019, by clause 17(7)(a) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(3): amended, on 1 July 2019, by clause 17(7)(b) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 26(3A): inserted, on 1 July 2019, by clause 17(8) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).