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

Reprint as at 1 July 2019

Coat of Arms of New Zealand

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

(LI 2016/57)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This code is administered by the Ministry of Education.

Pursuant to section 238F of the Education Act 1989, the Minister for Tertiary Education, Skills and Employment makes the following code of practice.

Contents

1Title
2Commencement
3Transitional, savings, and related provisions
4Code is legislative instrument
5Purpose of code
6Scope of code
7General definitions
8Function of code administrator to receive and assess applications to become signatories
9Criteria for becoming signatory
10Code administrator may remove signatory on request of signatory
11Outcome 1: marketing and promotion
12Process
13Outcome 2: managing and monitoring agents
14Process
15Outcome 3: offer, enrolment, contract, and insurance
16Process: offer of educational instruction
16AProcess: information to be provided before entering contract
16BProcess: contract of enrolment
16CProcess: disciplinary action
16DProcess: insurance
16EProcess: decisions requiring written agreement of parent or guardian
17Outcome 4: immigration matters
18Process
19Outcome 5: orientation
20Process
21Outcome 6: safety and well-being
22Process: general
23Process: international students under 18 years
24Process: international students under 10 years
25Process: international students at risk or with special needs
26Process: accommodation
26AProcess: safety checks and appropriate checks
27Outcome 7: student support, advice, and services
28Process
29Outcome 8: managing withdrawal and closure
30Process
31Outcome 9: dealing with grievances
32Process
33Outcome 10: compliance with International Student Contract Dispute Resolution Scheme
34Process
35Reporting breach of code
36Code administrator’s response to complaint or referral
37Monitoring compliance with code
38Sanctions for breach of code
39Reporting and publishing obligations
40Disclosure of conditions and compliance notices
Gazette Information
Reprint notes

Part 1 Introduction

1 Title

This code is the Education (Pastoral Care of International Students) Code of Practice 2016.

2 Commencement

This code comes into force on 1 July 2016.

3 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

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

4 Code is legislative instrument

This code is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives under section 41 of that Act.

5 Purpose of code

The purpose of this code is to support the Government’s objectives for international education by—

(a)

requiring signatories to take all reasonable steps to protect international students; and

(b)

ensuring, so far as is possible, that international students have in New Zealand a positive experience that supports their educational achievement.

6 Scope of code

(1)

The scope of this code is to prescribe, alongside other quality assurance prescribed by the Education Act 1989,—

(a)

outcomes sought from signatories for their international students; and

(b)

key processes required of signatories to support the well-being, achievement, and rights of international students.

(2)

The code does not apply to the activities of a signatory relating to students whose study is carried out outside New Zealand.

(3)

The code administrator may exempt the following students from the application of all or part of the code:

(a)

a student who changes status from domestic student to international student:

(b)

a student who is enrolled in a distance learning programme.

Part 2 How to read this code

7 General definitions

(1)

In this code, unless the context otherwise requires,—

Act means the Education Act 1989

agent means a person, body, or organisation acting on behalf of a signatory, and includes a subcontracted agent

code administrator means the person or agency appointed under section 238FA(1) of the Act

contract of enrolment,—

(a)

in relation to a signatory that is a State school, has the same meaning as in section 2(1) of the Act; or

(b)

in relation to other signatories, means a written contract that is entered into between an international student (or the student’s parent or legal guardian, if the student is under 18 years) and the signatory that entitles the student to receive educational instruction provided by that signatory

designated caregiver means a relative or close family friend designated in writing by a parent or legal guardian of an international student under 18 years as the caregiver and accommodation provider for that student

domestic student has the same meaning as in section 2 of the Act

DRS means the International Student Contract Dispute Resolution Scheme established by section 238J of the Act

DRS rules means the rules prescribed under section 238M of the Act

due diligence means the process of obtaining disclosure and verification in respect of another party before entering into a binding commitment

education quality assurance agency means an agency authorised by the Act to exercise quality assurance functions in respect of signatories

educational instruction includes classes, courses, programmes, or training schemes—

(a)

that are approved or exempted in accordance with section 4E, Part 18, or Part 20 of the Act; and

(b)

that the signatory has been granted accreditation to provide (where required under Part 18 or 20 of the Act); and

(c)

that the signatory has been granted consent to assess against the relevant assessment standards (where required under Part 18 or 20 of the Act)

enrol means register or admit a person as a student for educational instruction provided by a signatory after the student has accepted an offer of educational instruction from the signatory, and enrolment has a corresponding meaning

expatriation means the process of moving a person from 1 country or locality to another

fee protection mechanism means a mechanism approved in rules made under section 253(1)(e) of the Act

homestay means accommodation provided to an international student in the residence of a family or household in which no more than 4 international students are accommodated

international student has the same meaning as in section 238D of the Act

legal guardian, in relation to an international student, means a person who, by court or testamentary appointment, is responsible for the student’s well-being and financial support, and provides for the care of the student in the student’s home country

licensed hostel means a hostel that is licensed under the Education (Hostels) Regulations 2005

parent, in relation to an international student, means the father or mother of the student who is responsible for the student’s well-being and financial support

provider has the same meaning as in section 238D of the Act

repatriation means the process of returning a person to their country of origin or citizenship

residential caregiver means—

(a)

a homestay carer; or

(b)

a licensed hostel manager or other person responsible for the care of international students in a licensed hostel; or

(c)

a designated caregiver; or

(d)

a manager of accommodation that is—

(i)

operated by a signatory that is a tertiary education provider (as defined in section 159 of the Act); and

(ii)

mainly used for the accommodation of students enrolled with that provider; or

(e)

in the case of temporary accommodation, a supervisor who is responsible for the care of international students

school hostel means a licensed hostel owned or administered by a school and approved by the code administrator for international students who are enrolled in year 1 to year 6 of a school, or aged 10 and under and enrolled with any other signatory

signatory means a provider that is a signatory to this code

subcontracted agent means a person, body, or organisation contracted by an agent to act on the agent’s behalf.

(2)

In this code, a reference to the age of a person is a reference to the age of the person on their last birthday.

(3)

A term that is used in this code and defined in the Act but not in this code has the same meaning as in the Act.

Clause 7(1) agent: amended, on 1 July 2019, by clause 5(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) contract of enrolment: inserted, on 1 July 2019, by clause 5(2) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) educational instruction paragraph (b): amended, on 1 July 2019, by clause 5(3) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) educational instruction paragraph (c): amended, on 1 July 2019, by clause 5(3) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) repatriation: amended, on 1 July 2019, by clause 5(4) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) residential caregiver paragraph (d): replaced, on 1 July 2019, by clause 5(5) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) residential caregiver paragraph (e): inserted, on 1 July 2019, by clause 5(5) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(1) school hostel: amended, on 1 July 2019, by clause 5(6) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 7(2): amended, on 1 July 2019, by clause 5(7) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Part 3 Becoming signatory

8 Function of code administrator to receive and assess applications to become signatories

The code administrator must—

(a)

receive applications from providers seeking to become signatories to this code; and

(b)

assess those applications against—

(i)

the criteria for becoming a signatory set out in clause 9; and

(ii)

the purpose and scope of this code set out in clauses 5 and 6.

9 Criteria for becoming signatory

The criteria for an applicant to become a signatory to this code are the following:

(a)

the applicant is a provider:

(b)

the applicant provides, or is intending to provide, educational instruction:

(c)

the applicant has acceptable financial management practices and performance:

(d)

the applicant has policies and procedures in place that will enable it to achieve the outcomes sought and processes required by this code:

(e)

the code administrator does not otherwise consider the applicant to be unsuitable for approval as a signatory to this code.

10 Code administrator may remove signatory on request of signatory

At the request of a signatory, the code administrator may remove the signatory as a signatory to this code.

Part 4 What signatories must do

Marketing and promotion

11 Outcome 1: marketing and promotion

Signatories must ensure that the marketing and promotion to prospective international students of services provided by signatories includes clear, sufficient, and accurate information enabling those students to make informed choices about the services provided.

12 Process

Each signatory must—

(a)

proactively seek to understand the information needs of international students; and

(b)

develop and provide information to international students and review the information to ensure it is kept up to date; and

(c)

ensure that international students receive, as a minimum, information about the following:

(i)

the signatory’s quality assurance results; and

(ii)

the educational instruction, staffing, facilities, and equipment available to international students; and

(iii)

the DRS; and

(iv)

potential learning outcomes for international students, including pathways for further study and employment, where applicable; and

(v)

estimated study and living costs for international students; and

(vi)

accommodation and transport, or ways to obtain such information.

Agents

13 Outcome 2: managing and monitoring agents

Signatories must effectively manage and monitor their agents (that is, those agents that signatories have contracted to represent them) to ensure that those agents—

(a)

provide international students with reliable information and advice about studying, working, and living in New Zealand; and

(b)

act with integrity and professionalism towards prospective international students; and

(c)

do not breach the law or jeopardise the signatory’s compliance with this code.

Clause 13(c): inserted, on 1 July 2019, by clause 6 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

14 Process

Each signatory must—

(a)

carry out and record reference checks on potential agents to ensure as far as possible that they have not been involved in any conduct that is false, misleading, deceptive, or in breach of the law; and

(b)

enter into written contracts with each of its agents; and

(ba)

during the term of a contract, monitor the activities and performance of its agents in relation to—

(i)

their obligations as specified in the contract; and

(ii)

whether they provide international students with reliable information and advice about studying, working, and living in New Zealand; and

(iii)

whether they act with integrity and professionalism in their dealings with prospective students; and

(iv)

whether they have engaged in any activity or conduct that, in the opinion of the signatory, is or may be in breach of the law or that jeopardises the signatory’s compliance with this code; and

(bb)

manage the agents by—

(i)

terminating contracts with an agent if there is evidence suggesting that the agent—

(A)

has been involved in any serious, deliberate, or ongoing conduct that is false, misleading, deceptive, or in breach of the law; or

(B)

has jeopardised the signatory’s compliance with this code; or

(ii)

taking appropriate action to address conduct or an omission by an agent in relation to the other matters described in subclause (ba); and

(c)
[Revoked]

(d)

ensure that its agents have access to, and maintain, up-to-date information relevant to their duties as specified in the contracts with the signatory.

Clause 14(ba): inserted, on 1 July 2019, by clause 7(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 14(bb): inserted, on 1 July 2019, by clause 7(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 14(c): revoked, on 1 July 2019, by clause 7(2) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Offers, enrolment, contracts, and insurance

Heading: replaced, on 1 July 2019, by clause 8 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

15 Outcome 3: offer, enrolment, contract, and insurance

Signatories must—

(a)

support international students (or the parents or legal guardians of international students under 18 years) to make well-informed enrolment decisions that are appropriate to the educational outcomes sought; and

(b)

ensure that international students (or the parents or legal guardians of international students under 18 years) have the information required to understand their interests and obligations before entering into a legally binding contract with a signatory; and

(ba)

ensure that each contract of enrolment is fair and reasonable; and

(bb)

ensure that any disciplinary action is taken in accordance with the principles of natural justice; and

(bc)

ensure that international students have the appropriate insurance coverage, including insurance covering travel costs, medical care, and costs associated with repatriation, expatriation, and funeral expenses; and

(c)

ensure that proper documentation is kept and, where appropriate, provided to international students (or the parents of legal guardians of international students under 18 years).

Clause 15 heading: amended, on 1 July 2019, by clause 9(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 15(ba): inserted, on 1 July 2019, by clause 9(2) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 15(bb): inserted, on 1 July 2019, by clause 9(2) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 15(bc): inserted, on 1 July 2019, by clause 9(2) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

16 Process: offer of educational instruction

Each signatory must ensure that the educational instruction on offer is in accordance with the Act and is appropriate for international students’ expectations, English language proficiency, and academic capability.

Clause 16: replaced, on 1 July 2019, by clause 10 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

16A Process: information to be provided before entering contract

(1)

Each signatory must ensure that international students receive, as a minimum, information about the following before entering into a contract with the student:

(a)

the most recent results of their evaluations by education quality assurance agencies:

(b)

compliance notices and conditions imposed under the Act that the code administrator directs must be disclosed to prospective international students:

(c)

the education provided and its outcome, for example, whether a qualification is granted:

(d)

refund conditions that comply with the outcome and process in clauses 29 and 30:

(e)

staffing, facilities, and equipment:

(f)

available services and supports:

(g)

insurance and visa requirements for receiving educational instruction from the signatory:

(h)

this code and the DRS rules:

(i)

full costs related to an offer of educational instruction.

(2)

Each signatory must ensure that, before entering into a contract of enrolment or enrolling with the signatory, each international student (or the student’s parent or legal guardian, if the student is under 18 years) is informed of the student’s rights and obligations in relation to receiving educational instruction from the signatory, including the rights under this code.

Clause 16A: inserted, on 1 July 2019, by clause 10 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

16B Process: contract of enrolment

(1)

Each signatory must ensure that a contract of enrolment is entered into between the signatory and each international student (or the student’s parent or legal guardian, if the student is under 18 years) that includes the following information and terms:

(a)

clear information about the beginning and end dates of enrolment:

(b)

the conditions for terminating the contract of enrolment:

(c)

the circumstances under which the student’s conduct may be in breach of the contract of enrolment (including conduct that occurs while the student is not under the immediate supervision or control of the signatory):

(d)

the type of disciplinary action that may be taken by the signatory against the student (for example, suspension, exclusion, or the termination of enrolment):

(e)

the procedure that the signatory must follow when taking disciplinary action against the student.

(2)

Each signatory must ensure that the contract of enrolment is fair and reasonable.

Clause 16B: inserted, on 1 July 2019, by clause 10 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

16C Process: disciplinary action

Any disciplinary action process that is taken by a signatory must be in accordance with the principles of natural justice (which include those necessary to ensure the prompt, considered, and fair resolution of the matter that is the subject of the action).

Clause 16C: inserted, on 1 July 2019, by clause 10 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

16D Process: insurance

(1)

Each signatory must ensure that, as far as practicable, each international student who is enrolled with the signatory for educational instruction of 2 weeks’ duration or longer has appropriate insurance covering—

(a)

the student’s travel—

(i)

to and from New Zealand; and

(ii)

within New Zealand; and

(iii)

if the travel is part of the educational instruction, outside New Zealand; and

(b)

medical care in New Zealand, including diagnosis, prescription, surgery, and hospitalisation; and

(c)

repatriation or expatriation of the student as a result of serious illness or injury, including cover of travel costs incurred by family members assisting repatriation or expatriation; and

(d)

death of the student, including cover of—

(i)

travel costs of family members to and from New Zealand; and

(ii)

costs of repatriation or expatriation of the body; and

(iii)

funeral expenses.

(2)

Subclause (1)(a)(i) and (ii) includes the student’s travel to and from their country of origin or citizenship before their educational instruction begins and after it ends (which may be outside of the enrolment period).

(3)

Subclause (1)(a)(i) does not include the student’s travel to other countries, unless that travel is primarily for the purpose of embarking on connecting flights to and from New Zealand.

Clause 16D: inserted, on 1 July 2019, by clause 10 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

16E Process: decisions requiring written agreement of parent or guardian

Each signatory must ensure that, where appropriate, it obtains the written agreement of the parent or legal guardian of an international student under 18 years with respect to decisions affecting the student.

Clause 16E: inserted, on 1 July 2019, by clause 10 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Immigration matters

17 Outcome 4: immigration matters

Signatories must—

(a)

ensure that they do not allow or continue to allow a person to undertake educational instruction if that person is not entitled under the Immigration Act 2009 to undertake the educational instruction; and

(b)

take reasonable precautions and exercise due diligence in ascertaining whether international students are entitled under the Immigration Act 2009 to undertake the educational instruction for which they enrol.

18 Process

Each signatory must—

(a)

ensure that each international student who enrols with the signatory has the necessary immigration status for study in New Zealand; and

(b)

report to Immigration New Zealand known or suspected breaches of visa conditions by international students; and

(c)

notify Immigration New Zealand of terminations of enrolment.

Orientation

19 Outcome 5: orientation

Signatories must ensure that international students have the opportunity to participate in a well-designed and age-appropriate programme that provides the information and advice necessary for a student at the outset of their educational instruction.

Clause 19: amended, on 1 July 2019, by clause 11 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

20 Process

(1)

Each signatory must ensure that its orientation programme—

(a)

provides each international student with full information and advice on all relevant institutional policies; and

(b)

provides each international student with full information and advice on the services, support, and facilities that the signatory offers; and

(c)

provides the names and contact details of designated staff members responsible for international student support; and

(d)

provides appropriate information relating to health and safety of international students; and

(e)

provides information about grievance procedures for international students, both internal and external; and

(f)

provides information about the termination of enrolment; and

(g)

provides information about the student’s rights and entitlements, including any entitlement to a fee refund, if the student voluntarily withdraws from the educational instruction.

(2)

For an international student under 18 years, a signatory must ensure, where applicable, that any parent, legal guardian, or residential caregiver of the student who is in New Zealand and accompanying the student has access to the orientation information or programme that has been provided to the student.

Clause 20(g): inserted, on 1 July 2019, by clause 12 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Safety and well-being

21 Outcome 6: safety and well-being

Signatories must—

(a)

provide a safe study environment for international students; and

(b)

provide adequate support for the well-being of their international students; and

(c)

as far as practicable, ensure that international students live in a safe environment.

22 Process: general

Each signatory must—

(a)

respond fairly and effectively to instances of inappropriate behaviour by, or impacting on, an international student; and

(b)

develop and maintain polices for managing inappropriate behaviour that are communicated to staff and students and effectively implemented; and

(c)

advise international students on how to—

(i)

report and address health and safety issues (for both on campus and off campus activities); and

(ii)

respond to an emergency (for both on campus and off campus activities); and

(iii)

access health and counselling services; and

(iv)

engage with relevant government agencies such as the New Zealand Police and the department responsible for administering the Oranga Tamariki Act 1989; and

(d)

have up-to-date contact details for each international student and their next of kin; and

(e)

ensure that at all times (24 hours a day, 7 days a week) there is at least 1 staff member available to be contacted by an international student in an emergency.

Clause 22(c)(iv): amended, on 14 July 2017, by section 150(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Clause 22(d): amended, on 1 July 2019, by clause 13 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

23 Process: international students under 18 years

(1)

In relation to international students under 18 years, each signatory must—

(a)

not enrol an international student 10 years or older but under 18 years who does not live with a parent or legal guardian unless—

(i)

the student is in a properly supervised group of students whose educational instruction is not for more than 3 months; or

(ii)

the student is in the care of a residential caregiver; and

(b)

have up-to-date contact details for the students’ parents, legal guardians, and residential caregivers; and

(c)

maintain effective communications with the parents, legal guardians, or residential caregivers of students concerning their well-being and progress in study; and

(d)

ensure that at least 1 staff member is designated to proactively monitor and address any concerns about international students under 18 years; and

(e)

if the student is in the care of a residential caregiver,—

(i)

ensure that a plan is in place for the transfer of care of the student from the residential caregiver to the student’s parent or legal guardian, or another person approved by the parent or legal guardian, for—

(A)

each transfer that occurs during the period of enrolment; and

(B)

the transfer that occurs at the end of enrolment; and

(ii)

ensure that the parent or legal guardian is notified of each transfer plan.

(2)

The requirements in clause 22 apply, in addition to this clause, to international students who are 10 years or older but under 18 years.

Clause 23(1)(e): replaced, on 1 July 2019, by clause 14(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 23(2): replaced, on 1 July 2019, by clause 14(2) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

24 Process: international students under 10 years

(1)

Each signatory must ensure that its international students under 10 years live with a parent or legal guardian, unless they are accommodated in a school hostel.

(2)

The requirements in clauses 22 and 23 apply, in addition to this clause, to international students who are under 10 years.

Clause 24(2): replaced, on 1 July 2019, by clause 15 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

25 Process: international students at risk or with special needs

(1)

Each signatory must ensure that—

(a)

appropriate measures are put in place to address the needs and issues of international students at risk or with special needs; and

(b)

the parent or legal guardian of a student under 18 years or the next of kin of a student 18 years or over is aware of any situation where the student is at risk or has special needs; and

(c)

where appropriate and in compliance with the principles of the Privacy Act 1993, issues relating to the students are reported to relevant agencies such as the New Zealand Police and the department responsible for administering the Oranga Tamariki Act 1989, and to the code administrator.

(2)

A student is at risk if the signatory has reasonable grounds to believe that there is a serious issue relating to the student’s health, safety, or well-being, including, for example, —

(a)

the student is unable to adequately protect themselves against significant harm or exploitation:

(b)

the student is unable to adequately safeguard their personal welfare.

(3)

A student with special needs includes a student who—

(a)

experiences a physical, sensory, cognitive, psychosocial, or behavioural difficulty, or a combination of these, and that difficulty or those difficulties affect the student’s ability to participate, learn, and achieve; or

(b)

requires the provision of adapted programmes or learning environments, or specialised equipment or materials to support the student to access the curriculum, participate, learn, and achieve.

(4)

This clause applies in addition to the requirements set out in clauses 22, 23 and 24.

Clause 25(1)(c): amended, on 14 July 2017, by section 150(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Clause 25(2)(a): amended, on 1 July 2019, by clause 16(1) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 25(2)(b): amended, on 1 July 2019, by clause 16(2) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 25(3)(a): amended, on 1 July 2019, by clause 16(3) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Clause 25(3)(b): amended, on 1 July 2019, by clause 16(4) of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

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).

26A Process: safety checks and appropriate checks

(1)

The safety check for the residential caregiver referred to in clause 26(1)(b)

(a)

must include—

(i)

a confirmation of identity; and

(ii)

a reference check that includes contacting at least 1 of the following persons or bodies for the purpose of obtaining information that the signatory considers relevant to a risk assessment:

(A)

the residential caregiver’s current or previous employer, professional body, or registration authority:

(B)

the licensing authority that is relevant to the residential caregiver’s business or professional activities:

(C)

a person who is not related to the residential caregiver; and

(iii)

a police vet, to obtain information that is relevant to a risk assessment; and

(iv)

an interview with the residential caregiver, to obtain information that the signatory considers relevant to a risk assessment; and

(v)

a risk assessment that takes into account all of the information that was obtained under subparagraphs (i) to (iv), to determine whether the residential caregiver poses a risk to the safety of the student; and

(b)

is up to date if it is completed within 3 years after the date of the latest safety check.

(2)

Subclause (1)(a)(ii) to (v) does not apply to a residential caregiver who—

(a)

is a supervisor referred to in paragraph (e) of the definition of residential caregiver in clause 7(1); and

(b)

is not a resident of New Zealand; and

(c)

is travelling with, and accompanying, the international student for the purpose of supervising them during the student’s educational instruction.

(3)

An appropriate check referred to in clause 26(1)(ba) is up to date if it is completed within 3 years after the date of the latest check.

Clause 26A: inserted, on 1 July 2019, by clause 18 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Student support, advice, and services

27 Outcome 7: student support, advice, and services

Signatories must ensure that international students are fully informed about relevant advice and services to support their educational outcomes.

28 Process

Each signatory must—

(a)

ensure that information and advice provided by the signatory to international students is accurate, age-appropriate, and up to date; and

(b)

provide its international students with information about their legal rights and obligations and, where possible, the possible risks when students receive or accept advice or services; and

(c)

provide its international students with information and advice on—

(i)

how to effectively interact with persons from different cultural backgrounds; and

(ii)

the cultural and community support available to them; and

(iii)

how to adjust to a different cultural environment in New Zealand; and

(d)

ensure that its international students are provided with information and advice on pathways for further study or career development, where appropriate; and

(e)

ensure that, where applicable, its international students have access to information and advice on—

(i)

minimum wages and labour conditions in New Zealand; and

(ii)

maximum hours of work permitted under visa conditions.

Clause 28(c)(iii): inserted, on 1 July 2019, by clause 19 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Managing withdrawal and closure

29 Outcome 8: managing withdrawal and closure

Signatories must ensure that the fees paid by international students for educational instruction in New Zealand are secure and protected in the event of student withdrawal or the ending of educational instruction or the closure of a signatory.

30 Process

(1)

Each signatory must ensure that—

(a)

its refund policies are reasonable and in accordance with legal requirements; and

(b)

it provides its international students (or the parents or legal guardians of international students under 18 years) with sufficient information to understand their rights and obligations under those refund policies.

(2)

A refund policy must include refund conditions for the following situations:

(a)

failure by a student to obtain a study visa:

(b)

voluntary withdrawal by a student:

(c)

the signatory ceasing to provide a course of educational instruction as contracted with a student, whether it stops of its own accord or as required by an education quality assurance agency:

(d)

the signatory ceasing to be a signatory:

(e)

the signatory ceasing to be a provider.

(3)

In the situation in subclause (2)(c) or (d), the signatory must deal with fees paid for services not delivered or the unused portion of fees paid as follows:

(a)

refund the amount in question to the student (or the student’s parent or legal guardian); or

(b)

if directed by the student or the code administrator or the agency responsible for fee protection mechanisms, transfer the amount to another signatory as agreed with the student (or the student’s parent or legal guardian).

Grievance procedures

31 Outcome 9: dealing with grievances

Signatories must ensure that all international students have access to proper and fair procedures for dealing with grievances.

32 Process

(1)

Each signatory must ensure that—

(a)

it has an effective internal process for addressing grievances by its international students; and

(b)

its international students are informed about that process.

(2)

Each signatory must advise its international students—

(a)

of the availability of recourse to the code administrator or DRS or any other relevant authority if a student cannot access the internal grievance process or is dissatisfied with the outcome or experience of using that process; and

(b)

how to make a complaint to the code administrator or to seek resolution of a financial dispute under the DRS.

Compliance with International Student Contract Dispute Resolution Scheme

33 Outcome 10: compliance with International Student Contract Dispute Resolution Scheme

Signatories must comply with the DRS rules.

34 Process

(1)

Each signatory must ensure that it is familiar with the DRS rules and ensure compliance with those rules in a dispute to which it is a party.

(2)

Failure to comply with the DRS rules is a breach of this code and may trigger sanctions by the code administrator.

Part 5 Breaches of code

35 Reporting breach of code

(1)

Any person may—

(a)

complain to the code administrator that the code has been breached; or

(b)

refer any issue relating to an alleged breach of the code to the administrator.

(2)

The code administrator—

(a)

must publish its processes for receiving and dealing with a complaint or referral; and

(b)

may prescribe forms for use in making a complaint or referral.

36 Code administrator’s response to complaint or referral

(1)

On receiving a complaint or referral under clause 35, the code administrator must decide whether the complaint or referral appears to involve a breach of the code warranting further investigation.

(2)

If the code administrator decides that further investigation is warranted, it must—

(a)

make a record of, and investigate the alleged breach; and

(b)

notify the person who made the complaint or referral of the decision to investigate.

(3)

If the code administrator decides that further investigation is not warranted, it must consider the following options and act accordingly:

(a)

refer the complaint or referral to another agency:

(b)

deal with the complaint or referral informally:

(c)

terminate the complaint or referral.

(4)

In investigating a complaint or referral, the code administrator may assist the person making the complaint or referral (or refer that person to assistance) if assistance is necessary for facilitating the investigation (for example, assistance to overcome a language barrier).

37 Monitoring compliance with code

(1)

Each signatory must undertake and document self-reviews (at the frequency specified by the code administrator) of its performance against the required outcomes and processes set out in this code.

(2)

The code administrator must monitor each signatory’s performance against the required outcomes and processes by scrutinising the signatory’s self-review reports and any other information that the code administrator considers appropriate.

(3)

The code administrator may investigate the performance of a signatory if it is concerned that the signatory does not comply, or is at risk of not complying, with this code.

(4)

An investigation—

(a)

may be undertaken either on the code administrator’s own initiative or as a result of information provided to it, including a complaint or report of a breach of this code; and

(b)

may include (but is not limited to) the following steps by the code administrator, subject to the consent of the signatory to each of these steps:

(i)

making a site visit:

(ii)

inspecting and obtaining relevant documents held by the signatory:

(iii)

interviewing staff and students as appropriate.

(5)

A signatory must comply with reasonable requests by the code administrator in the course of an investigation for access to documents, staff, and students.

(6)

The code administrator may,—

(a)

if practicable and appropriate, consult and share information with education quality assurance agencies and relevant government agencies for the purpose of agreeing interventions for the improvement of the code or compliance with it; and

(b)

receive and consider information provided by education quality assurance agencies and relevant government agencies for the same purpose.

38 Sanctions for breach of code

The code administrator may impose a sanction for breach of this code in accordance with section 238G of the Act.

Part 6 Code administrator

39 Reporting and publishing obligations

(1)

The code administrator must include in its annual report a report on its activities in administering this code.

(2)

If the code administrator in the course of investigation finds any systemic issue related to education quality or a serious breach of this code, the code administrator must report that issue or breach to education quality assurance agencies and any relevant government agency.

(3)

The code administrator may, for the limited purposes set out in subclause (4), disseminate or otherwise publish a summary of the investigation and outcome of a breach of this code, subject to appropriate safeguards and redactions for protection of privacy.

(4)

The purposes referred to in subclause (3) are—

(a)

keeping education providers, students, and other educational interest groups informed; and

(b)

demonstrating the process of investigation and decision making under this code.

(5)

The code administrator must take reasonable steps to publicise this code to education providers and to international students.

40 Disclosure of conditions and compliance notices

The code administrator may decide that certain conditions imposed and compliance notices issued under Part 18A of the Act must be disclosed to prospective international students.

Schedule 1 Transitional, savings, and related provisions

cl 3

Schedule 1: inserted, on 1 July 2019, by clause 20 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Part 1 Provision relating to Education (Pastoral Care of International Students) Code of Practice Amendments 2019

Schedule 1 Part 1: inserted, on 1 July 2019, by clause 20 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

1 Contracts of enrolment executed before commencement

(1)

A contract of enrolment that is executed before the commencement of this clause is treated as complying with the amendments made by the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 in respect of contracts of enrolment until the earlier of—

(a)

the end or termination of the contract of enrolment; and

(b)

31 December 2019.

(2)

Despite subclause (1), on the commencement of this clause, a contract of enrolment that is executed before the commencement of this clause must include the information and terms that meet the requirements in paragraphs (c), (d), and (e) of clause 16B(1), as inserted by the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (which relate to student conduct and disciplinary action).

Schedule 1 clause 1: inserted, on 1 July 2019, by clause 20 of the Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64).

Dated at Wellington this 2nd day of March 2016.

Hon Steven Joyce,
Minister for Tertiary Education, Skills and Employment.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 March 2016.

Reprints notes
1 General

This is a reprint of the Education (Pastoral Care of International Students) Code of Practice 2016 that incorporates all the amendments to that code as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Education (Pastoral Care of International Students) Code of Practice Amendments 2019 (LI 2019/64)

Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 150(2)