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

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

outcomes sought from signatories for their international students; and

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

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

a student who is enrolled in a distance learning programme.

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

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

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

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

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

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

assess those applications against—

the applicant is a provider:

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

the applicant has acceptable financial management practices and performance:

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

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

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

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

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

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

act with integrity and professionalism towards prospective international students; and

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

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

enter into written contracts with each of its agents; and

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

manage the agents by—

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.

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

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

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

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

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

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).

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

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

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

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

staffing, facilities, and equipment:

available services and supports:

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

this code and the DRS rules:

full costs related to an offer of educational instruction.

clear information about the beginning and end dates of enrolment:

the conditions for terminating the contract of enrolment:

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):

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

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

the student’s travel—

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

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

death of the student, including cover of—

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

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.

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

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

notify Immigration New Zealand of terminations of enrolment.

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

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

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

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

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

provides information about the termination of enrolment; and

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.

provide a safe study environment for international students; and

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

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

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

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

advise international students on how to—

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

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.

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

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

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

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

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

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

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

where appropriate and in compliance with the principles of the Privacy Act 2020, 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.

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

the student is unable to adequately safeguard their personal welfare.

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

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.

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

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

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

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

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

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

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

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

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

ensure that the student is appropriately supervised in the accommodation.

temporarily resides at that accommodation; or

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.

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

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

must include—

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

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

is not a resident of New Zealand; and

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

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

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

provide its international students with information and advice on—

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

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

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

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.

failure by a student to obtain a study visa:

voluntary withdrawal by a student:

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:

the signatory ceasing to be a signatory:

the signatory ceasing to be a provider.

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

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).

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

its international students are informed about that process.

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

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

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

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

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

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

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

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

refer the complaint or referral to another agency:

deal with the complaint or referral informally:

terminate the complaint or referral.

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

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:

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

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

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

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