Education (Tertiary Education—Criteria Permanent Residents Studying Overseas must Satisfy to be Domestic Students) Regulations 2016

Reprint as at 1 August 2020

Coat of Arms of New Zealand

Education (Tertiary Education—Criteria Permanent Residents Studying Overseas must Satisfy to be Domestic Students) Regulations 2016

(LI 2016/212)

Hon Sir William Young, Administrator of the Government

Order in Council

At Wellington this 26th day of September 2016

Present:
His Excellency the Administrator of the Government in Council

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.

These regulations are administered by the Ministry of Education.

These regulations are made under section 159(4) of the Education Act 1989 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Education (Tertiary Education—Criteria Permanent Residents Studying Overseas must Satisfy to be Domestic Students) Regulations 2016.

2 Commencement

These regulations come into force on 1 January 2017.

Regulations: confirmed, on 5 December 2017, by section 9 of the Subordinate Legislation Confirmation Act 2017 (2017 No 47).

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

ordinarily resident in New Zealand, for a person at any time, means that the person at that time (even if not currently present in New Zealand)—

(a)

has the person’s usual place of residence in New Zealand; and

(b)

intends to reside indefinitely in New Zealand

organisation has the same meaning as tertiary education organisation in section 10(1) of the Act

permanent resident means a holder of a residence class visa granted under the Immigration Act 2009

studying overseas, for a person who is a permanent resident, means undertaking a course of study or training that will be or is done—

(a)

by the person outside New Zealand; and

(b)

while the person is enrolled as a student (but not as an extramural student) at an organisation; and

(c)

as part (but not all) of a programme or training scheme provided by the organisation.

(2)

Terms used, but not defined, in these regulations, and defined in section 10(1) of the Act, have the meanings in that section.

Regulation 3(1) Act: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 3(1) organisation: replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 3(2): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

4 Transitional, savings, and related provisions

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

5 Criteria permanent residents studying overseas must satisfy to be domestic students

(1)

Subclause (2) sets out the criteria that a person who is a permanent resident and who will be or is studying overseas must satisfy under paragraph (b) of the definition of domestic student in section 10(1) of the Act.

(2)

The criteria are—

(a)

that the person is, at both of the following times, ordinarily resident in New Zealand:

(i)

immediately before the person begins studying overseas; and

(ii)

while the person will be or is studying overseas; and

(b)

that the study that the person is or will be doing is or will be in a country with which the person is not familiar.

(3)

For the purposes of subclause (2)(b), a person is not familiar with a country if the person—

(a)

has not previously been to that country; or

(b)

has, in the 5 years before the date on which the overseas study begins, spent a total of less than 6 months in that country.

Regulation 5(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

1 Criteria apply only to enrolments effective on or after 1 January 2017

(1)

The criteria apply to an enrolment only to the extent that the enrolment has effect on or after 1 January 2017.

(2)

Subclause (1) applies even if the enrolment was applied for, or permitted, or both, before 1 January 2017.

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 September 2016.

Reprints notes
1 General

This is a reprint of the Education (Tertiary Education—Criteria Permanent Residents Studying Overseas must Satisfy to be Domestic Students) Regulations 2016 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

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 and Training Act 2020 (2020 No 38): section 668

Subordinate Legislation Conformation Act 2017 (2017 No 47): section 9