This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 January 2017, are made under the Education Act 1989 (the Act). They prescribe criteria that a permanent resident studying overseas must fulfil to be a domestic student (as that term is defined, for tertiary education, in section 159(1) of the Act). Domestic student status affects—
eligibility, and fees, for enrolment as a student at a New Zealand tertiary education organisation in a programme or training scheme provided by the organisation:
eligibility for tuition subsidies (through the determination of the design of funding mechanisms, which apply to all forms of tertiary education organisations).
The criteria apply to an enrolment only to the extent that the enrolment has effect on or after 1 January 2017 (even if it was applied for, or permitted, or both, before 1 January 2017). A permanent resident not studying overseas is unaffected by the criteria prescribed by these regulations (and so continues to be a domestic student under paragraph (b) of the definition of that term in section 159(1) of the Act).
These regulations are a confirmable instrument under section 47B of the Legislation Act 2012. They are revoked at the close of 31 December 2017, unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(b) of that Act.
Regulatory impact statement
The Ministry of Education produced a regulatory impact statement on 7 September 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 29 September 2016.
These regulations are administered by the Ministry of Education.