Education Amendment Act 1989
Education Amendment Act 1989
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Education Amendment Act 1989
Education Amendment Act 1989
Public Act |
1989 No 156 |
|
Date of assent |
20 December 1989 |
|
Contents
An Act to reform further the administration of education
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Education Amendment Act 1989.
(2)
This Act shall come into force on the 1st day of January 1990.
Part I Amendments to Education Act 1989
2 Part to be read with Education Act 1989
This Part of this Act shall be read together with and deemed part of the Education Act 1989 (in tins Part of this Act referred to as the principal Act).
3 Interpretation
(1)
Section 2(1) of the principal Act is hereby amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Assisted student’ means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“‘Domestic student’ means a person who is not a foreign student:
“‘Exempt student’ means a foreign student who—
“(a)
Is in New Zealand to study under an exchange programme approved by the New Zealand Government; or
“(b)
Is for the time being exempted under section 4a(1) of this Act:”.
(2)
Section 2 of the principal Act is hereby amended by adding the following subsection:
“(3)
In the absence of proof to the contrary,—
“(a)
A certificate signed by the chief executive of the Ministry of External Relations and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or
“(b)
A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.”
4 Foreign students
(1)
Section 4 of the principal Act is hereby amended by inserting, after subsection (3), the following subsections:
“(3a)
Except as provided in subsection (3c) or subsection (3d) of this section, no foreign student who is not an exempt student shall be enrolled at a state school if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
“(3b)
Except as provided in subsection (3c) or subsection (3d) of this section, no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at a state school if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject or course and has applied for enrolment in it is not able to be enrolled in it.
“(3c)
Any assisted student may be enrolled at a state school, or in a subject, course, or programme at a state school, by agreement between the Board and the chief executive of the Ministry of External Relations and Trade.
“(3d)
Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at a state school, or in any subject, course, or programme at a state school, if the enrolment is in a vacant place—
“(a)
That the Board established for foreign students; and
“(b)
Whose continued availability is dependent on the fees payable by foreign students enrolled in it.”
(2)
Section 2(1) of the Immigration Act 1987 is hereby amended—
(a)
By omitting from the definition of the term “course of study or training”
the words “children under 15 years of age, or for children entitled to free education under section 85(1) of the Education Act 1964”
, and substituting the words “people entitled to free enrolment and education under section 3 of the Education Act 1989”
; and
(b)
By repealing paragraph (a) of the definition of the term “person conducting the course of study or training”
; and
(c)
By omitting from paragraph (b) of the definition of that latter term the words “board of governors”
, and substituting the words “Board of Trustees constituted under Part IX of the Education Act 1989”
; and
(d)
By omitting from paragraph (c) of the latter definition the words “Director-General of Education means the Director-General”
, and substituting the words “chief executive of the Ministry of Education, means the chief executive”
.
(3)
Section 6 of the Immigration Act 1987 is hereby amended by repealing subsections (1)(e) and (2).
(4)
Section 40(1) of the Immigration Act 1987 is hereby amended by omitting the words “(not being a child under 15 years of age or a child undertaking secondary education who, under section 85(1) of the Education Act 1964, is entitled to undertake free education)”
.
5 Fees for foreign students
(1)
The principal Act is hereby amended by inserting, after section 4, the following section:
“4a
“(1)
The Minister may, by notice in the Gazette, exempt foreign students of a particular class or description from the payment of all or a specified proportion of fees specified in the notice that would otherwise be required by subsection (3) of this section.
“(2)
Notwithstanding section 4(4) of this Act, with the consent of the principal, a foreign student may, during a period of not more than 28 consecutive days (or any longer period the Secretary approves in any particular case), attend a state school without paying any of the fees that would otherwise be required by subsection (3) of this section; but in that case the student—
“(a)
Shall be deemed not to be enrolled at the school; and
“(b)
Shall not be counted for the purpose of calculating or ascertaining the school’s entitlement to teachers or funding.
“(3)
Subject to subsections (1) and (2) of this section, no foreign student shall be or continue to be enrolled in any subject, course, or programme at a state school unless there have been paid to the Board—
“(a)
An amount fixed by the Board (having regard to any guidelines the Secretary has given it) that is not less than the sum of—
“(i)
The Board’s best estimate of the cost to the Board (including the appropriate proportion of the Board’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student; and
“(ii)
An amount that is in the Board’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the Board’s capital facilities; and
“(b)
All fees (if any) prescribed by the Board.
“(4)
Nothing in subsection (3) of this section prevents a Board’s accepting by instalments any amount required by paragraph (a) of that subsection to be paid; but no foreign student shall at any time continue to be enrolled in the subject, course, or programme concerned unless the sum of—
“(a)
The Board’s best estimate of the cost to the Board (including—
“(i)
The appropriate proportion of the Board’s administrative and other general costs; and
“(ii)
The appropriate proportion of any initial or start-up costs of the subject, course, or programme),—
of providing tuition in the subject, course, or programme for the student up to that time; and
“(b)
An amount that is in the Board’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the entire subject, course, or programme of the Board’s capital facilities,—
is less than the sum of the instalments paid up to that time.
“(5)
Where a foreign student has after the 31st day of December 1989 received tuition in a subject, course, or programme at a state school without paying the full amount required by subsection (3)(a) of this section in respect of the subject, course, or programme, the Board may, in any Court of competent jurisdiction, recover the underpayment from the student (or, as the case requires, a parent of the student), as a debt due to the Board.
“(6)
In any year, the amount of a Board’s operational activities grant for a school it administers may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (3)(a) of this section in respect of a subject, course, or programme at the school in which a foreign student was enrolled has not been paid to the Board, the student’s education has been subsidised by money appropriated by Parliament.
“(7)
No grant shall be reduced under subsection (6) of this section unless the Secretary has given the Board concerned written notice of the circumstances taken into account when the proposed reduction was decided on.
“(8)
Where a Board disputes that a grant should be reduced under subsection (6) of this section, or disputes the amount by which it should so be reduced, the following provisions shall apply:
“(a)
The Board may, within 28 days of getting notice from the Secretary under subsection (7) of this section, by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:
“(b)
If, within 14 days of getting the Board’s notice, the Secretary has agreed an arbitrator with the Board, the agreed arbitrator shall settle the dispute:
“(c)
If, within 14 days of getting the Board’s notice, the Secretary has not agreed an arbitrator with the Board, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the Board shall settle the dispute:
“(d)
The arbitrator’s decision is final.
“(9)
Where at any time a foreign student withdraws from a subject, course, or programme at a state school, the Board may refund to the person who paid (in respect of the student’s enrolment in the subject, course, or programme) the amount and fees referred to in subsection (3) of this section any amount it thinks appropriate not exceeding the difference between the total amount paid and the sum of—
“(a)
The Board’s best estimate of the cost to the Board (including—
“(i)
The appropriate proportion of the Board’s administrative and other general costs; and
“(ii)
The appropriate proportion of any initial or start-up costs of the subject, course, or programme,)—
of providing tuition in the subject, course, or programme for the student up to that time; and
“(b)
An amount that is in the Board’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the entire subject, course, or programme of the Board’s capital facilities.”
(2)
Section 4(6) of the principal Act is hereby amended by omitting the word “Once”
, and substituting the words “Subject to section 4a(3) of this Act, once”
.
(3)
Section 60 of the principal Act is hereby amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Assisted student’ means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“‘Domestic student’ means a person who is not a foreign student:
“‘Exempt student’ means a foreign student who—
“(a)
Is in New Zealand to study under an exchange programme approved by the New Zealand Government; or
“(b)
Is for the time being exempted under section 4a(1) of this Act:”
“‘Foreign student’ means a person who is not a New Zealand citizen, and is—
“(a)
A person to whom section 7 of the Immigration Act 1987 applies; or
“(b)
A person obliged by or pursuant to that Act or any other enactment to leave New Zealand immediately or within a specified time; or
“(c)
Deemed for the purposes of that Act to be in New Zealand illegally:”.
6 New sections inserted
The principal Act is hereby amended by inserting, after section 7, the following sections:
“7a Adult domestic students and domestic students exempted from attendance may be required to pay fees for tuition from correspondence schools
“(1)
No—
“(a)
Domestic student who has turned 20; or
“(b)
Domestic student for whom a current certificate under section 21(1) of this Act is held,—
shall be or continue to be enrolled in a course, class, or programme at a correspondence school unless there has been paid to the Board the appropriate fee (if any) for the time being prescribed by the Board with the Minister’s consent.
“(2)
Nothing in subsection (1) of this section gives any person a right to enrol at or receive tuition from a correspondence school.
“7b Fees for evening classes, etc.
The Board of a state school may refuse to allow any person to attend classes at the school—
“(a)
Usually held outside normal school hours; and
“(b)
Open to people not enrolled full-time at the school,—
unless there have been paid to the Board the fees (if any) prescribed by the Board for attendance at those classes.”
7 Enrolment schemes for certain other schools
The principal Act is hereby amended by repealing subsections (1) to (16) of section 12, and substituting the following subsections:
“(1)
In this section, unless the context otherwise requires,—
“‘Deferred applicant’, in relation to enrolment at a school in any year, means an outside applicant—
“(a)
Who is a domestic or exempt student, and whose application was received by the board after the 31st day of July in the year before; or
“(b)
Who is not a domestic or exempt student:
“‘Early applicant’, in relation to enrolment at a school in any year, means an outside applicant who is a domestic or exempt student, and whose application was received by the Board before the 1st day of August in the year before:
“‘Enrolment scheme’ means a scheme under subsection (3) of this section:
“‘Outside applicant’, in relation to a zoned school, means a person who—
“(a)
Is not entitled under any of paragraphs (a) to (e) of subsection (6) of this section to enrol at the school; and
“(b)
Has applied to enrol at the school:
“‘Vacancies available’, in relation to a zoned school in any year, means the amount (if any) by which the number of students discovered for the year under subsection (8)(a) of this section is less than—
“(a)
The maximum number of out-of-zone enrolments specified in the school’s enrolment scheme; or
“(b)
Where a lower number of out-of-zone enrolments has been fixed under subsection (7) of this section, that lower number:
“‘Zoned school’ means a school that has an enrolment scheme.
“(2)
The Secretary shall from time to time by written notice to the Board of every state school that is not a primary school, a correspondence school, an integrated school, or a special institution—
“(a)
Fix a maximum roll for the school; and
“(b)
Fix a day (in the case of a roll that is lower than the roll previously fixed for the school, being a day no earlier than the 1st day of the following January) on which the roll is to take effect.
“(3)
If satisfied that in any year, unless—
“(a)
An enrolment scheme is put in place for the school; or
“(b)
The Board unlawfully refuses to enrol students entitled under section 3 of this Act to enrol at the school,—
the roll of a school for which a maximum roll is fixed under subsection (2) of this section is likely to exceed that maximum roll, the Secretary may, not later than the 30th day of June in the year before, by written notice to the Board put in place an enrolment scheme for the school.
“(4)
A school’s enrolment scheme shall continue in place until the Secretary puts another in place for it, or tells the Board in writing that the scheme is cancelled.
“(5)
A school’s enrolment scheme shall—
“(a)
Define a home zone (which may be 2 or more distinct areas) for the school; and
“(b)
Specify a maximum number of out-of-zone enrolments for the school; and
“(c)
Make rules for pre-enrolment and enrolment procedures (including the procedures by which lots are to be cast for the purposes of this section).
“(6)
While an enrolment scheme for a school is in place, the following provisions shall apply:
“(a)
Pre-enrolment and enrolment procedures at the school shall comply with the rules in the scheme:
“(b)
Every domestic or exempt student living permanently in the home zone defined in the scheme is (subject to the other provisions of this Act) entitled to enrol at the school:
“(c)
Every domestic or exempt student who has been accepted for any year at a hostel that the Secretary has approved for a school for the purposes of this paragraph is entitled to enrol at the school in that year:
“(d)
Every assisted student whose enrolment at the school in any year has been agreed between the Board and the chief executive of the Ministry of External Relations and Trade is entitled to enrol at the school in that year:
“(e)
Every domestic or exempt student whose brother or sister is or has ever been lawfully enrolled at the school is (subject to the other provisions of this Act) entitled to enrol at the school:
“(f)
Except as provided in subsections (9) to (14) of this section, no other person is entitled to enrol at the school.
“(7)
Before the 1st day of August in any year, the Board of a zoned school may fix for the next year a number of out-of-zone enrolments that is less than the maximum number of out-of-zone enrolments specified in its enrolment scheme.
“(8)
As soon as is practicable after the 31st day of July in every year, the Board of a zoned school shall discover, so far as is possible,—
“(a)
How many students then enrolled at the school who are not living permanently in the home zone defined in the school’s enrolment scheme are likely to return to the school in the next year; and
“(b)
The number of early applicants for the next year.
“(9)
If the vacancies available at a zoned school for any year are not fewer than the number of early applicants, all early applicants are (subject to the provisions of this Act) eligible to enrol at the school in that year.
“(10)
If the vacancies available at a zoned school for any year are fewer than the number of early applicants, an early applicant is (subject to the provisions of this Act) eligible to enrol at the school in that year if accepted in accordance with the following provisions:
“(a)
As soon as practicable after the 31st day of July in the year before, the Board shall by lot rank the early applicants in order of precedence for acceptance:
“(b)
The Board shall not accept more applicants than there are vacancies available:
“(c)
Subject to paragraph (b) of this subsection, the Board shall accept early applicants in the order of precedence established under paragraph (a) of this subsection.
“(11)
A deferred applicant for enrolment at a zoned school in any year is (subject to the provisions of this Act) eligible to enrol at the school in that year if accepted in accordance with the following provisions:
“(a)
The Board shall not accept a deferred applicant until all early applicants who are otherwise eligible to enrol at the school have been accepted:
“(b)
The Board shall not accept a number of deferred applicants that, when added to the number of early applicants already accepted, is greater than the number of vacancies available:
“(c)
Subject to paragraphs (a) and (b) of this subsection, the Board,—
“(i)
Shall accept deferred applicants who are domestic or exempt students successively, in the order in which the Board received their applications; and
“(ii)
Subject to section 4a(3) of this Act, may accept or refuse as it thinks fit any deferred applicant who is not a domestic or exempt student.
“(12)
Notwithstanding paragraph (c)(i) of subsection (11) of this section, where it is impossible or impracticable for a Board to discover the order in which it received applications from 2 or more deferred applicants only some of whom may be accepted, it shall—
“(a)
By lot rank those applicants in order of precedence for acceptance; and
“(b)
Subject to paragraphs (a) and (b) of that subsection, accept those applicants in order of precedence established under paragraph (a) of this subsection.
“(13)
An outside applicant who is accepted but later declines enrolment shall not be counted for the purposes of subsection (10)(b) or subsection (11)(b) of this section.
“(14)
Where—
“(a)
An outside applicant is accepted under subsection (10), subsection (11), or subsection (12) of this section; and
“(b)
Does not later decline enrolment,—
every brother or sister of the applicant who is a domestic or exempt student and is also an outside applicant is (subject to the provisions of this Act) eligible to enrol at the school, and shall be counted for the purposes of subsection (10)(b) or subsection (11)(b) of this section (as the case requires).
“(15)
For the purposes of this section a person is not living permanently within a school’s home zone by reason only of the fact that the person lives in a hostel or boarding house that is within the zone.
“(16)
Notwithstanding section 142(3) of this Act, every—
“(a)
Limitation on enrolment under section 129 of the Education Act 1964; and
“(b)
Enrolment scheme under section 129a of that Act—
shall continue to have effect until the close of the 31st day of December 1990 as if the enactments specified in the Eleventh Schedule to this Act were still in force; but shall expire with the close of that day.”
8 Long term exemption from enrolment
Section 21 of the principal Act is hereby amended by adding the following subsection:
“(9)
Every certificate of exemption under section 111 of the Education Act 1964 that was in force on the 30th day of September 1989 shall be deemed to have been granted—
“(a)
On the ground specified in subsection (1)(b)(i) of this section if it was in fact granted—
“(i)
Before the 20th day of July 1987, under section 111(4)(a) of the Education Act 1964; or
“(ii)
After the 19th day of July 1987, under section 111(3)(a) of that Act; and
“(b)
On the ground specified in subsection (1)(b)(ii) of this section if it was in fact granted—
“(i)
Before the 20th day of July 1987, under section 111(4)(b) of the Education Act 1964; or
“(ii)
After the 19th day of July 1987, under section 111(3)(b) of that Act;—
and may be revoked under this section accordingly.”
9 Registration and inspection of private schools
(1)
The principal Act is hereby amended by inserting, after section 35, the following section:
“35a
“(1)
In this section,—
“‘Efficient’, in relation to a private school or proposed private school, means—
“(a)
Having suitable premises, staffing, equipment, and curriculum; and
“(b)
Usually providing tuition for 9 or more students who have turned 5 but are under 15; and
“(c)
Providing suitably for the inculcation in the minds of students of sentiments of patriotism and loyalty; and
“(d)
Giving students tuition of a standard no lower than that of the tuition given to students enrolled at—
“(i)
Primary schools of the same class, where the school’s managers want it to be registered as a primary private school:
“(ii)
Secondary schools of the same class, where the school’s managers want it to be registered as a secondary private school:
“(iii)
Special schools of the same class, where the school’s managers want it to be registered as a special private school:
“‘Managers’, in relation to a private school or proposed private school, means all the people who control and manage it, whether or not they have a proprietary interest in it.
“(2)
No premises shall be deemed not to be operating as a school by reason only of the fact that certificates of exemption under section 21 of this Act are held in respect of all or any of the students being taught there.
“(3)
The managers of an unregistered or proposed private school may apply to the Secretary for its provisional registration as a primary, secondary, or special private school, or as a school of 2 or all of those descriptions.
“(4)
If satisfied that the premises, staffing, equipment, and curriculum of a school or proposed school in respect of which an application is made under subsection (3) of this section are or are likely to be suitable, the Secretary shall provisionally register the school as a school of the description or descriptions concerned.
“(5)
Provisional registration of a school or proposed school shall (unless earlier revoked) continue in force for 12 months only, and then expire.
“(6)
As soon as is practicable after provisionally registering a school or proposed school, the Secretary shall tell the Chief Review Officer.
“(7)
Unless a proposed school has not in fact been established, the Chief Review Officer shall—
“(a)
Between 6 and 12 months after the provisional registration of a school or proposed school; or
“(b)
By agreement with its managers, earlier,—
ensure that a review officer reviews the school in action, and prepares a written report on the review to the Secretary and the school’s managers.
“(8)
If satisfied, having considered the review officer’s report, that a provisionally registered school is efficient, the Secretary shall fully register the school as a school of the description or descriptions concerned.
“(9)
The Chief Review Officer shall ensure that—
“(a)
While registered under this section, a school is reviewed in action by a review officer—
“(i)
Before the 1st day of January 1993 or the 3rd anniversary of its registration (whichever is the later); and
“(ii)
Thereafter, at intervals of no more than 3 years; and
“(b)
The review officer prepares a written report on the review and gives copies to the Secretary and the school’s principal (or other chief executive) and managers.
“(10)
Subject to subsection (11) of this section, the Secretary may at any time cancel a school’s registration under this section.
“(11)
The Secretary shall not cancel a school’s registration under this section unless, after having—
“(a)
Taken all reasonable steps to get all the relevant information; and
“(b)
Considered a report on the school from a review officer,—
the Secretary is not satisfied that the school is efficient.
“(12)
Where—
“(a)
A school that is not a registered school operates as a school; or
“(b)
A school registered under this section as a school of a particular description or descriptions operates as a school of another description; or
“(c)
A school registered under this section whose managers have not told the Secretary that it will stop operating does not operate,—
the school’s managers commit an offence against this Act, and shall be liable on summary conviction to a fine not exceeding $200 for every day or part of a day on which the offence took place.
“(13)
Every school that, on the 31st day of December 1989 was or was deemed to be fully or provisionally registered under section 186 of the Education Act 1964 as a school of aparticular description or descriptions, shall be deemed to have been fully or provisionally (as the case may be) registered under this section on the 1st day of January 1990 as a school of that description or those descriptions.”
(2)
Section 2(1) of the principal Act is hereby consequentially amended by repealing the definition of the term “registered school”
, and substituting the following definition:
“‘Registered school’ means a school that is a state school, or a school registered under section 35a of this Act:”.
(3)
The following enactments are hereby consequentially repealed:
(a)
Section 186 of the Education Act 1964:
(b)
Section 28 of the Education Amendment Act (No. 2) 1987.
10 Charters
Section 61(3) of the principal Act is hereby amended by inserting, after paragraph (b), the following paragraph:
“(ba)
In the case of an integrated school, the school’s proprietors; and”.
11 Boards may delegate powers to staff
The principal Act is hereby amended by inserting, after section 66, the following section:
“66a
Any Board may at any time delegate to any of its employees any of its powers and functions (other than the power to borrow money); and section 66 of this Act shall apply accordingly as if the employee is a special committee of the Board.”
12 Powers of entry and inspection
(1)
The principal Act is hereby amended by inserting, after section 78, the following section:
“78a
“(1)
Every school shall be open at all reasonable times to inspection by the Minister, the Secretary, a review officer, or any other person directed by the Minister to visit or inspect the school.
“(2)
For the purposes of subsection (1) of this section, ‘inspection’ includes—
“(a)
Access to the written or recorded work of students enrolled at the school; and
“(b)
Meeting and talking to students enrolled at the school.
“(3)
The Secretary, a review officer, or any other person authorised in writing by the Secretary, may from time to time, inspect any books, records, or accounts of or relating to any school.”
Compare: 1964, No. 135, ss. 185, 185a
(2)
The Education Act 1964 is hereby consequentially amended—
(a)
By omitting from section 185(1) the words “State primary school, secondary school”
, “school,”
, and “school,”
; and
(b)
By repealing sections 183 and 185(2); and
(c)
By omitting from section 185a(1) (as inserted by section of the Education Amendment Act (No. 2) 1974) the word “school”
where it first appears.
13 Grants for Boards
(1)
Section 79 of the principal Act is hereby amended by adding the following subsection:
“(3)
In determining the amount of a Board’s teacher salaries grant or operational activities grant, the Minister shall take no account of foreign students (other than students exempted under section 4a(1) of this Act) enrolled or likely to be enrolled at any school or institution the Board administers.”
(2)
Section 81 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
The Minister shall withhold consent under subsection (1) of this section unless satisfied that—
“(a)
Special circumstances applying to the school or institution concerned make it inappropriate for the Minister to do so; or
“(b)
The money concerned was paid to the Board by foreign students enrolled at a school or institution it administers, and is no more than is necessary to pay the salaries of the extra teachers whose employment has become necessary because of the enrolment of those students (together with any other payments required by law to be made by virtue of the payment of those salaries).”
14 Establishment of schools
The principal Act is hereby amended by adding, after Part XI, the following Part:
“PART XII “Establishment of Schools
“145 Interpretation
“(1)
In this Part of this Act, unless the context otherwise requires,—
“‘Board’ means a Board of Trustees constituted under Part IX of this Act; and, in relation to a state school, means the school’s Board:
“‘Community education convenor’ means a person appointed by the Minister to—
“(a)
Convene within a specified area public meetings relating to any action proposed to be taken under this Part of this Act; and
“(b)
Report to and advise the Minister on the views expressed at the meetings:
“‘Composite school’ means a school established under section 146 of this Act as a composite school:
“‘Integrated school’ means a school for the time being established as an integrated school under the Private Schools Conditional Integration Act 1975:
“‘Intermediate department’ means a department established under section 149 of this Act:
“‘Intermediate school’ means a school established under section 146 of this Act as an intermediate school:
“‘Minister’ means the Minister of the Crown for the time being responsible for the administration of this Part of this Act:
“‘Ministry’ means the Ministry of Education:
“‘Primary school’ means a school established under section 146 of this Act as a primary school or an intermediate school:
“‘Secondary school’ means a school established under section 146 of this Act as a secondary school:
“‘Secretary’ means the chief executive of the Ministry:
“‘State school’ means a school that is a primary, composite, or secondary school:
“‘Teachers college’ means a college established under section 106 of the Education Act 1964.
“(2)
For the purposes of this Act,—
“(a)
Every school other than a composite school that was, on the 31st day of December 1989, a primary school within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 146 of this Act as a primary school:
“(b)
Every school other than a composite school that was, on the 31st day of December 1989, a secondary school within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 146 of this Act as a secondary school:
“(c)
Every department that was, on the 31st day of December 1989, an intermediate department within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 149 of this Act as an intermediate department:
“(d)
Every school other than a composite school that was, on the 31st day of December 1989, an intermediate school within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 146 of this Act as an intermediate school:
“(e)
Every school that was, on the 31st day of December 1989, a composite school within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 146 of this Act as a composite school.
“146 Minister may establish schools
“(1)
Subject to section 157 of this Act and to subsection (2) of this section, the Minister may by notice in the Gazette—
“(a)
Describing the place where the school is to be located; and
“(b)
Specifying a name for the school,—
establish a new school.
“(2)
Every new school established under this section shall be established as a primary, intermediate, secondary, or composite school; and the notice establishing it shall specify which class of school it is.
“147 Names of state schools
“(1)
Subject to subsections (2) and (4) of this section, the name of a state school established after the 31st day of December 1989 shall be the name specified in the notice establishing it.
“(2)
Subject to subsection (4) of this section, the name of a state school whose class has been changed under section 153 of this Act shall be the name specified in the last notice changing its class.
“(3)
Subject to subsections (2) and (4) of this section, the name of a state school established before the 1st day of January 1990 shall be the name it had on the 1st day of December 1989.
“(4)
With the Secretary’s written consent, the Board of a state school may, subject to section 155(6) of this Act, by resolution, change the school’s name.
“(5)
The Secretary shall not withhold consent to the change of a state school’s name unless satisfied that the name is inappropriate.”
“148 Normal schools, etc.
“(1)
Subject to section 157 of this Act, the Minister may by notice in the Gazette—
“(a)
Designate one or more specified primary schools as normal or model schools for a specified teachers college:
“(b)
Designate within a specified primary school a normal or model school, or model class, for a specified teachers college:
“(c)
Revoke any designation under this section.
“(2)
Nothing in subsection (1) of this section applies to an integrated school.
“(3)
Every school that was on the 31st day of December 1989 designated a normal or model school under section 72 of the Education Act 1964 shall be deemed to have been designated a normal school under this section.
“(4)
Every normal or model school, or model class, that was on the 31st day of December 1989 designated within a primary school under section 72 of the Education Act 1964 shall be deemed so to have been designated under this Act.
Compare: 1964, No. 135, s. 72
“149 Intermediate departments
Subject to section 157 of this Act, the Minister may, by notice in the Gazette,—
“(a)
Establish an intermediate department—
“(i)
Within a composite school that is not an integrated school; or
“(ii)
To form part of a secondary school that is not an integrated school; or
“(b)
Disestablish any intermediate department.
Compare: 1964, No. 135, s. 73
“150 Contributing schools
“(1)
Subject to section 157 of this Act, and to section 33 of the Private Schools Conditional Integration Act 1975, the Minister shall from time to time determine which primary schools are to be contributing schools of every intermediate school and intermediate department, and every composite school whose provision of primary education is limited under section 151 of this Act.
“(2)
Where the Minister determines that a primary school is to be or cease to be a contributing school of any intermediate school or department, or any composite school, the Minister shall give the Board of the primary school written notice of the determination.
“(3)
Subject to subsection (4) of this section, while a primary school is a contributing school, the Board shall limit the education given at the school to the education described in the syllabus for—
“(a)
Classes not higher than standard 4; and
“(b)
Where the Minister so allows in a notice under subsection (2) of this section, classes not higher than form 1.
“(4)
If satisfied that there are enrolled at a contributing school students whose education at the school is wholly or in part bilingual, the Minister may, by written notice to the Board specifying the languages concerned, permit the Board to give education to such students in accordance with conditions specified in the notice.
“(5)
Every school that was on the 31st day of December 1989 a contributing school of any other school under section 74 of the Education Act 1964 shall be deemed so to have been designated under subsection (1) of this section.
Compare: 1964, No. 135, s. 74
“151 Limitation on provision of education of composite schools
Subject to section 157 of this Act, and to section 33 of the Private Schools Conditional Integration Act 1975, the Minister may by written notice to the Board of a composite school limit the education given at the school to the syllabus for classes specified in the notice; and until the notice is withdrawn or modified, the Board shall limit the education given at the school accordingly.
“152 Correspondence schools
“(1)
Subject to subsection (2) of this section, the Minister may, by notice in the Gazette,—
“(a)
When establishing the school, or at any other time, designate a state school that is not an integrated school as a correspondence school; or
“(b)
At any time, remove a designation under paragraph (a) of this subsection.
“(2)
The Minister shall not designate a school as a correspondence school, or cancel a designation as a correspondence school, without having regard to the education of people unable conveniently to get tuition from a suitable state school that is not a correspondence school.
“(3)
Subject to sections 102(7) and 104 of this Act, where an existing state school is designated as a correspondence school, its Board shall continue in office as constituted until a day specified by the Minister in the notice in the Gazette under section 95(1) of this Act determining the composition of its Board, but shall go out of office on that day.
“(4)
With the consent of the Minister, a correspondence school may provide early childhood education.
“(5)
The school that was, immediately before the commencement of the Education Amendment Act 1989, a correspondence school shall be deemed to have been—
“(a)
Established under section 146 of this Act as a composite school; and
“(b)
Designated under subsection (1) of this Act as a correspondence school.
Compare: 1964, No. 135, s. 105
“153 Minister may change class of school
“(1)
Subject to section 157 of this Act, the Minister may, by notice in the Gazette,—
“(a)
Declare a composite school to be a primary, intermediate, or secondary school; or
“(b)
Declare a primary, intermediate, or secondary school to be a composite school; or
“(c)
Declare an intermediate school to be a primary or secondary school; or
“(d)
Declare a primary or secondary school to be an intermediate school.
“(2)
Nothing in subsection (1) of this section applies to an integrated school.
“(3)
A notice under subsection (1) of this section, shall specify a day (not earlier than the end of the term after the term during which the notice is published) on which it is to take effect; and the school shall become a school of the class concerned, and cease to be a school of the class it was, on the day specified.
“(4)
Subject to sections 102(7) and 104 of this Act, where an existing state school becomes a school of a different class, its Board shall continue in office as constituted until the day before the day on which its annual meeting is next required by section 100 of this Act to be held.
“154 Closure of schools
“(1)
Subject to section 157 of this Act, and to section 17 of the Private Schools Conditional Integration Act 1975, where, after consulting the Board of a state school, the Minister is satisfied that it should be closed, the Minister may, by written notice to the Board, ask the Board if it has any arguments in favour of the school’s staying open.
“(2)
The Minister may, after considering all arguments (if any) received from the Board within 28 days after it got notice under subsection (1) of this section, by notice in the Gazette specifying a day on which the school will close, close the school; and the school shall cease to be established on the day specified.
“(3)
Where a school is closed under this section,—
“(a)
Its Board shall thereupon be deemed to have been dissolved; and
“(b)
All assets, liabilities, and debts that the Board had immediately before dissolution shall be deemed to have become assets, liabilities, and debts of the Minister.
“(4)
A school that has been closed may not be reopened, except by being established again under this Act.
“155 Kura Kaupapa Maori
“(1)
Subject to subsection (2) of this section, the Minister may, by notice in the Gazette when establishing the school, designate a state school as a Kura Kaupapa Maori.
“(2)
The Minister shall not establish a school as a Kura Kaupapa Maori unless satisfied that—
“(a)
The parents of at least 21 people who would, if the school were established, be entitled to free enrolment there, want there to be established a school in which te reo Maori (the Maori language) is the principal language of instruction; and
“(b)
The parents have given the Minister a clear written description and explanation (expressed in the form of aims, purposes, and objectives for the school) of the other way or ways (if any) in which the character of the school would be different from the character of ordinary state schools; and
“(c)
Students at a school with such a character would get an education of a kind that is not available at any other state school that children of the parents concerned can conveniently attend.
“(3)
The Minister may in the Minister’s absolute discretion refuse to establish a Kura Kaupapa Maori.
“(4)
The notice establishing a Kura Kaupapa Maori shall specify the aims, purposes, and objectives that (together with the use of te reo Maori as the principal language of instruction) constitute its different character; and every charter and proposed charter for the school shall be deemed to contain them.
“(5)
Subject to subsection (6) of this section, the notice shall also specify the name of the Kura Kaupapa Maori.
“(6)
The name of a Kura Kaupapa Maori shall at all times begin with the words ‘Te Kura Kaupapa Maori O’.
“(7)
The notice shall also specify the constitution of the Board of the Kura Kaupapa Maori.
“(8)
The Minister may from time to time, after consultation with the Board of a Kura Kaupapa Maori, by notice in the Gazette amend—
“(a)
The aims, purposes, and objectives that constitute the school’s different character; or
“(b)
The constitution of the Board.
“(9)
A Kura Kaupapa Maori shall not have an enrolment scheme; but—
“(a)
The Secretary shall from time to time, by written notice to the Board, fix a maximum roll for it; and
“(b)
The Board shall ensure that the number of students enrolled at the Kura Kaupapa Maori is not more than the maximum roll; and
“(c)
The Board may refuse the enrolments of people whose parents do not accept the aims, purposes, and objectives that constitute the Kura Kaupapa Maori’s different character; and
“(d)
Subject to paragraphs (b) and (c) of this subsection, section 12 of this Act shall apply to enrolments at it as if—
“(i)
There is in place an enrolment scheme for the Kura Kaupapa Maori; and
“(ii)
The scheme defines a home zone where no person lives permanently.
“(10)
The Board of a Kura Kaupapa Maori shall ensure that te reo Maori is the principal language of instruction in it.
“(11)
Except as provided in this section, this Act and the Education Act 1964 shall apply to every Kura Kaupapa Maori as if it is not a Kura Kaupapa Maori.
“156 Designated character schools
“(1)
Subject to subsection (2) of this section, the Minister may, by notice in the Gazette when establishing the school, designate a state school as a designated character school.
“(2)
The Minister shall not establish a school as a designated character school unless satisfied that—
“(a)
The parents of at least 21 people who would, if the school were established, be entitled to free enrolment there, want the school to be established; and
“(b)
The parents want the school to have a character that is in some specific way or ways different from the character of ordinary state schools; and
“(c)
The parents have given the Minister a clear written description and explanation (expressed in the form of aims, purposes, and objectives for the school) of the way or ways; and
“(d)
Students at a school with such a character would get an education of a kind that—
“(i)
Differs significantly from the education they would get at an ordinary state school; and
“(ii)
Is not available at any other state school that children of the parents concerned can conveniently attend; and
“(e)
It is desirable for students whose parents want them to do so to get such an education.
“(3)
The Minister may in the Minister’s absolute discretion refuse to establish a designated character school.
“(4)
The notice establishing a designated character school shall specify the aims, purposes, and objectives that constitute its designated character; and every charter and proposed charter for the school shall be deemed to contain them.
“(5)
The notice shall also specify the constitution of the school’s Board.
“(6)
The Minister may from time to time, after consultation with the Board of a designated character school, by notice in the Gazette amend—
“(a)
The aims, purposes, and objectives that constitute the school’s designated character; or
“(b)
The constitution of its Board.
“(7)
A designated character school shall not have an enrolment scheme; but—
“(a)
The Secretary shall from time to time, by written notice to the Board, fix a maximum roll for it; and
“(b)
The Board shall ensure that the number of students enrolled at the school is not more than the maximum roll; and
“(c)
The Board may refuse the enrolments of people whose parents do not accept the aims, purposes, and objectives that constitute the school’s designated character; and
“(d)
Subject to paragraphs (b) and (c) of this subsection, section 12 of this Act shall apply to enrolments at the school as if—
“(i)
There is in place an enrolment scheme for the school; and
“(ii)
The scheme defines a home zone where no person lives permanently.
“(8)
Except as provided in this section, this Act and the Education Act 1964 shall apply to every designated character school as if it is not a designated character school.
“157 Consultations
“(1)
The Minister shall not—
“(a)
Establish a school under section 146(1) of this Act; or
“(b)
Designate a primary school as a normal or model school under section 148(1)(a) of this Act; or
“(c)
Designate a normal or model school or model class within a primary school under section 148(1)(b) of this Act; or
“(d)
Revoke under paragraph (c) of subsection (1) of section 148 of this Act a designation under that subsection; or
“(e)
Establish or disestablish an intermediate department under section 149 of this Act; or
“(f)
Determine under section 150(1) of this Act the primary schools that are to be contributing schools of an intermediate school or department, or a composite school; or
“(g)
Limit under section 151 of this Act the education given at a composite school; or
“(h)
Change under section 153(1) of this Act the class of a school; or
“(i)
Close a school under section 154 of this Act,—
without first appointing a community education convenor, giving the convenor reasonable time to convene meetings relating to the proposed action and report to and advise the Minister on the outcome of the meetings, and considering any report and advice received in that time.
“(2)
The Minister shall not—
“(a)
Designate a primary school as a normal or model school under section 148(1)(a) of this Act; or
“(b)
Designate a normal or model school or model class within a primary school under section 148(1)(b) of this Act; or
“(c)
Revoke under paragraph (c) of subsection (1) of section 148 of this Act a designation under that subsection; or
“(d)
Establish or disestablish an intermediate department under section 149 of this Act; or
“(e)
Determine under section 150(1) of this Act that a particular school is to be or cease to be a contributing school of an intermediate school or department, or a composite school; or
“(f)
Limit under section 151 of this Act the education given at a composite school; or
“(g)
Change under section 153(1) of this Act the class of a school—
without consulting the Board of the school concerned.
“(3)
The Minister shall not—
“(a)
Establish a school under section 146(1) of this Act; or
“(b)
Establish or disestablish an intermediate department under section 149 of this Act; or
“(c)
Determine under section 150(1) of this Act the primary schools that are to be contributing schools of an intermediate school or department, or a composite school; or
“(d)
Limit under section 151 of this Act the education given at a composite school; or
“(e)
Change under section 153(1) of this Act the class of a school; or
“(f)
Close a school under section 154 of this Act,—
without first consulting the Boards of all state schools whose rolls might, in the opinion of the Minister, be affected if the Minister takes that action.
“(4)
The Secretary shall not consent under section 147(4) to the change of a school’s name unless—
“(a)
The Minister has appointed a community education convenor, and given the convenor reasonable time to convene meetings relating to the proposed change and report to and advise the Minister on the outcome of the meetings; and
“(b)
The Secretary has considered any report and advice the convenor has given the Minister in that time.
“158 Provision by one Board of tuition for students enrolled at school administered by another
“(1)
By agreement between the Boards concerned,—
“(a)
Students enrolled at one state school may receive tuition at or from another; and
“(b)
Notwithstanding section 79 of this Act, the Board of the school at which the students are enrolled may pay the Board of the school giving that tuition for that tuition.
“(2)
If satisfied that facilities at a state school were provided or constructed for the use of students enrolled at several state schools, the Minister may, by written notice to the school’s Board, require the Board (in accordance with arrangements specified in the notice) to do either or both of the following:
“(a)
Allow the Board of another state school to use the facilities for the tuition of students enrolled at the other school:
“(b)
Provide in or by means of those facilities tuition for students enrolled at another state school.
“(3)
A notice under subsection (2) of this section shall provide for the making of payments by the Board of the school at which the students required to be provided with tuition are enrolled to the Board of the school whose facilities are to be used; and payments shall, notwithstanding section 79 of this Act, be made in accordance with the provisions of the notice.
15 Consequential amendments
(1)
Section 2(1) of the principal Act is hereby consequentially amended by repealing the definitions of the terms “correspondence school”
, “primary school”
, and “secondary school”
, and inserting, in their appropriate alphabetical order, the following definitions:
“‘Composite school’ has the same meaning as in section 145(1) of this Act:
“‘Correspondence school’ has the same meaning as in section 145(1) of this Act:
“‘Intermediate school’ has the same meaning as in section 145(1) of this Act:
“‘Primary school’ has the same meaning as in section 145(1) of this Act:
“‘Secondary school’ has the same meaning as in section 145(1) of this Act:”.
(2)
Section 2(2) of the principal Act is hereby consequentially amended by omitting the expression “‘composite school’”
.
(3)
Section 92(1) of the principal Act is hereby consequentially amended by repealing the definitions of the terms “correspondence school”
and “intermediate school”
, and inserting, in their appropriate alphabetical order, the following definitions:
“‘Composite school’ has the same meaning as in section 145(1) of this Act:
“‘Correspondence school’ has the same meaning as in section 145(1) of this Act:
“‘Intermediate school’ has the same meaning as in section 145(1) of this Act:
“‘Primary school’ has the same meaning as in section 145(1) of this Act:
“‘Secondary school’ has the same meaning as in section 145(1) of this Act:”.
(4)
Section 120 of the principal Act is hereby consequentially amended by adding the following definition:
“‘State school’ has the same meaning as in section 2(1) of this Act.”
(5)
The following enactments are hereby consequentially repealed:
(a)
Sections 71 to 74, 82, 83, 86, 101 to 102a, 105, 105a, and 105b of the Education Act 1964:
(b)
Sections 12 and 13 of the Education Amendment Act 1968:
(c)
Section 2 of the Education Amendment Act 1970:
(d)
Sections 13 and 21 of the Education Amendment Act (No. 2) 1974:
(e)
Sections 2(2) and 12 of the Education Amendment Act 1976:
(f)
Sections 6 and 7 of the Education Amendment Act (No. 2) 1982:
(g)
Section 92(2) of the principal Act.
(6)
Section 17 of the Private Schools Conditional Integration Act 1975 is hereby consequentially amended by omitting the words “71 of the Education Act 1964”
, and substituting the words “154 of the Education Act 1989”
.
(7)
Section 33 of the Private Schools Conditional Integration Act 1975 is hereby consequentially amended—
(a)
By omitting from subsection (1) the words “74 or section 86 of the Education Act 1964”
, and substituting the words “150(1) of the Education Act 1989”
; and
(b)
By omitting from subsection (2) the expression “1964”
, and substituting the expression “1989”
.
Part II Amendments to Education Act 1964
16 Part to be read with Education Act 1964
This Part of this Act shall be read together with and deemed part of the Education Act 1964 (in this Part of this Act referred to as the principal Act).
17 Fees for domestic teachers college students
(1)
The principal Act is hereby amended by inserting, after section 67s, the following section:
“67sa
“(1)
The Minister may, by notice in the Gazette, in respect of all teachers colleges, teachers colleges of a specified class or description, or any specified teachers college or colleges, do all or any of the following:
“(a)
Fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any specified course, class, or programme:
“(b)
Specify any course, class, or programme whose fees may be fixed independently:
“(c)
Require the acceptance of payments of tuition fees by instalment in circumstances specified in the notice:
“(d)
Require the refund in circumstances specified in the notice, of all or part of any tuition fees paid.
“(2)
Subject to subsection (4) of this section, no domestic student shall be or continue to be enrolled in a subject, course, or programme at a teachers college unless there have been paid to the college’s council—
“(a)
Where a tuition fee for the subject, course, or programme has been fixed under subsection (1)(a) of this section, that fee:
“(b)
Where there has been specified under subsection (1)(a) of this section a means by which a tuition fee for the subject, course, or programme may be calculated or ascertained, a fee calculated or ascertained accordingly:
“(c)
Where the course, class, or programme has been specified under subsection (1)(b) of this section, the tuition fee (if any) fixed by the college’s council:
“(d)
Subject to paragraphs (a) to (c) of this subsection, a tuition fee for the subject, course, or programme agreed by the college’s council and the Minister,—
and all other fees (if any) prescribed by the council.
“(3)
A teachers college’s council and the Minister may agree a zero fee under subsection (2) of this section.
“(4)
The Minister may, by notice in the Gazette, exempt people of any class or description from the payment of all or a specified portion of the fees that they would otherwise be required by subsection (2) of this section to pay.
“(5)
Every teachers college council shall comply with every requirement under paragraph (c) or paragraph (d) of subsection (1) of this section contained in a notice under that subsection applying to the college concerned and for the time being in force.”
(2)
Section 67J(1)(e) of the principal Act is hereby consequentially repealed.
(3)
The following regulations are hereby revoked:
(a)
The Teacher Bursaries Regulations 1986:
(b)
Part V (except for regulation 42), regulations 56(1)(a) and 58(2), and the definition of the term “fees grant”
in regulation 2(1), of the Student Allowances Regulations 1988.
(4)
The Student Allowances Regulations 1988 are hereby amended by—
(a)
Omitting from the definition in regulation 2(1) of the term “grant”
the words “fees grant,”
;
(b)
Omitting from regulation 42(1)(a) the words “fees grant or”
.
(5)
The Student Allowances Regulations 1988 may be amended or revoked as if the amendments effected by subsection (3)(b) or subsection (4) of this section had been effected by Order in Council.
(6)
Every bursary granted under the Teacher Bursaries Regulations 1986, and every fees grant awarded under the Student Allowances Regulations 1988, is hereby cancelled.
18 Fees for continuing education for domestic students
(1)
The principal Act is hereby amended by repealing sections 93 and 94, and substituting the following section:
“94
“(1)
The Minister may, by notice in the Gazette, in respect of all technical institutes or community colleges, technical institutes or community colleges of a specified class or description, or any specified technical institute or institutes or community college or colleges, do all or any of the following:
“(a)
Fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any specified course, class, or programme:
“(b)
Specify any course, class, or programme whose fees may be fixed independently:
“(c)
Require the acceptance of payments of tuition fees by instalment in circumstances specified in the notice:
“(d)
Require the refund in circumstances specified in the notice of all or any part of any tuition fees paid.
“(2)
Subject to subsection (4) of this section, no domestic student shall be or continue to be enrolled in a subject, course, or programme at a technical institute or community college unless there have been paid to the governing body of the institute or college—
“(a)
Where a tuition fee for the subject, course, or programme has been fixed under subsection (1)(a) of this section, that fee:
“(b)
Where there has been specified under subsection (1)(a) of this section a means by which a tuition fee for the subject, course, or programme may be calculated or ascertained, a fee calculated or ascertained accordingly:
“(c)
Where the course, class, or programme has been specified under subsection (1)(b) of this section, the tuition fee (if any) fixed by the governing body:
“(d)
Subject to paragraphs (a) to (c) of this subsection, a tuition fee for the subject, course, or programme agreed by the governing body and the Minister,—
and all other fees (if any) prescribed by the governing body.
“(3)
A governing body and the Minister may agree a zero fee under subsection (2) of this section.
“(4)
The Minister may, by notice in the Gazette, exempt people of any class or description from the payment of all or a specified portion of the fees that they would otherwise be required by subsection (2) of this section to pay.
“(5)
Every governing body of a technical institute or community college council shall comply with every requirement under paragraph (c) or paragraph (d) of subsection (1) of this section contained in a notice under that subsection applying to the institute or college concerned and for the time being in force.”
(2)
The following enactments are hereby consequentially repealed:
(a)
Section 85(3) of the principal Act:
(b)
Section 17 of the Education Amendment Act (No. 2) 1974:
(c)
Sections 5 and 6(1) of the Education Amendment Act 1975.
19 Consequential amendments, repeals, and saving
(1)
Section 2(1) of the principal Act is hereby amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Chief Review Officer’ means the chief executive of the Education Review Office:
“‘Domestic student’ means a person who is not a foreign student:
“‘Foreign student’ means a person who is not a New Zealand citizen, and is—
“(a)
A person to whom section 7 of the Immigration Act 1987 applies; or
“(b)
A person obliged by or pursuant to that Act or any other enactment to leave New Zealand immediately or within a specified time; or
“(c)
Deemed for the purposes of that Act to be in New Zealand illegally:
“‘Review officer’ means an employee of the Education Review Office, and includes the Chief Review Officer.”
(2)
The following enactments are hereby repealed:
(a)
Section 5 of the Education Amendment Act 1981:
(b)
So much of the Schedule to the Local Elections and Polls Amendment Act 1982 as relates to the Education Act 1964:
(c)
Sections 9(1), and 10 to 12, of the Education Amendment Act (No. 2) 1987:
(d)
So much of the First Schedule to the Public Finance Act 1989 as relates to the principal Act.
(3)
The repeal by section 142(3) of the Education Act 1989 of the Education Amendment Act (No. 2) 1976 does not affect section 130f of the principal Act.
20 Foreign students at tertiary institutions
(1)
In this section, unless the context otherwise requires,—
“Assisted student” means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“Council” means the governing body of a tertiary institution; and, in relation to an institution, means its council:
“Exempt student” means a foreign student who—
(a)
Is in New Zealand under an exchange programme approved by the New Zealand Government; or
(b)
Is for the time being exempted under subsection (3) of this section:
“Tertiary institution” or “institution” means a body that is a community college, teachers college, or technical institute.
(2)
Every council shall take all reasonable steps to ensure that no person is enrolled at a tertiary institution it administers until it has established whether the person is a domestic student or a foreign student.
(3)
The Minister may, by notice in the Gazette, exempt foreign students of a particular class or description from the payment of all or a specified proportion of fees specified in the notice that would otherwise be required by subsection (4) of this section.
(4)
Subject to subsection (3) of this section, no foreign student shall be or continue to be enrolled in any subject, course, or programme at a tertiary institution unless there have been paid to the council—
(a)
An amount fixed by the council (having regard to any guidelines the Secretary has given it) that is not less than the sum of—
(i)
The council’s best estimate of the cost to the council (including the appropriate proportion of the council’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student; and
(ii)
An amount that is in the council’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the council’s capital facilities; and
(b)
All fees (if any) prescribed by the council.
(5)
Where a foreign student has after the 31st day of December 1989 received tuition in a subject, course, or programme at a tertiary institution without paying the full amount required by subsection (4)(a) of this section in respect of the subject, course, or programme, the council may, in any Court of competent jurisdiction, recover the underpayment from the student, as a debt due to the council.
(6)
In any year, the amount of any grant for a tertiary institution may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (4)(a) of this section in respect of a subject, course, or programme at the institution in which a foreign student was enrolled has not been paid to the council, the student’s education has been subsidised by money appropriated by Parliament.
(7)
No grant shall be reduced under subsection (6) of this section unless the Secretary has given the council concerned written notice of the circumstances taken into account when the proposed reduction was decided on.
(8)
Where the council of a tertiary institution disputes that a grant should be reduced under subsection (6) of this section, or disputes the amount by which it should so be reduced, the following provisions shall apply:
(a)
The council may, within 28 days of getting notice from the Secretary under subsection (6) of this section, by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:
(b)
If, within 14 days of getting the council’s notice, the Secretary has agreed an arbitrator with the council, the agreed arbitrator shall settle the dispute:
(c)
If, within 14 days of getting the council’s notice, the Secretary has not agreed an arbitrator with the council, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the council shall settle the dispute:
(d)
The arbitrator’s decision is final.
(9)
No foreign student who is not an exempt student shall be enrolled at a tertiary institution except with the consent of the council.
(10)
Except as provided in subsection (12) or subsection (13) of this section, no foreign student who is not an exempt student shall be enrolled at a tertiary institution if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
(11)
Except as provided in subsection (12) or subsection (13) of this section, no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at a tertiary institution if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.
(12)
Any assisted student may be enrolled at a tertiary institution, or in a subject, course, or programme at a tertiary institution, by agreement between the council and the chief executive of the Ministry of External Relations and Trade.
(13)
Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at a tertiary institution, or in any subject, course, or programme at a tertiary institution, if the enrolment is in a vacant place—
(a)
That the council established for foreign students; and
(b)
Whose continued availability is dependent on the fees payable by foreign students enrolled in it.
(14)
In the absence of proof to the contrary,—
(a)
A certificate signed by the chief executive of the Ministry of External Relations and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or
(b)
A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.
(15)
The council of a tertiary institution shall—
(a)
When a foreign student enrols, re-enrols, or resumes attendance, at the institution, give the Secretary written notice (to the best of the council’s knowledge) of the student’s name, nationality, and course:
(b)
When a foreign student ceases to be enrolled at, or ceases to attend the institution, notify the Secretary in writing:
(c)
Comply with all accounting requirements relating to foreign students enrolled at the institution contained in any notice published by the Minister in the Gazette (being a notice expressed to apply to the institution or an institution of a class or description to which the institution belongs) that is for the time being in force.
21 Bulk funding of tertiary institutions
(1)
In each financial year the governing body of every teachers college, technical institute, and community college—
(a)
Shall be paid a general grant; and
(b)
May be paid one or more special grants,—
out of money appropriated by Parliament for the purpose.
(2)
The amount of every general and special grant shall be determined by the Minister.
(3)
The Minister shall ensure that no special grant is paid to a governing body before the Minister has given it written notice of the purposes for which the grant is to be used.
(4)
A governing body shall ensure that a special grant is not used except for the purposes specified for it by the Minister.
(5)
Subject to subsection (4) of this section, the provisions of any other enactment, and the terms of any trust or endowment,—
(a)
The income and capital of a teachers college, technical institute, or community college, (within the meaning of the principal Act) shall be applied in doing whatever its governing body thinks will best accomplish the purposes it was established for; and
(b)
The governing body may from time to time, out of the income, create, maintain, or add to, a fund or funds for any one or more of the purposes for which it may be applied.
(6)
Paragraph (b) of subsection (5) of this section does not limit the generality of paragraph (a) of that subsection.
(7)
The following provisions of the principal Act are hereby consequentially repealed:
(a)
Section 67p (as inserted by section 9(1) of the Education Amendment Act (No. 2) 1974); and
(b)
Sections 69ag and 69ah (as inserted by section 7(1) of the Education Amendment Act (No. 2) 1987).
22 Borrowing powers of governing bodies of tertiary institutions
(1)
In this section, “tertiary authority”
means the governing body of a teachers college, technical institute, or community college.
(2)
A tertiary authority may, with the written consent of the Minister of Education given with the concurrence of the Minister of Finance, borrow any money from any source on and subject to any terms and conditions.
(3)
The Minister of Education may, out of money appropriated by Parliament for the purpose, make to any tertiary authority any advance the Minister thinks fit, upon terms approved by the Minister of Finance.
(4)
Except for paragraphs (b) to (d) of section 122(1), sections 122 to 124 of the Local Authorities Loans Act 1956 shall (so far as they relate to illegal borrowing and with any necessary modifications) apply to the borrowing of money by tertiary authorities as if—
(a)
The references to a local authority in those provisions were references to a tertiary authority; and
(b)
The references to that Act in sections 122(1) and 124(1) were references to the principal Act.
(5)
For the avoidance of doubt, it is hereby declared that all actions of tertiary authorities are, and are deemed always to have been, as valid and effectual as if this section had come into force on the 20th day of July 1987.
23 Bulk funding of early childhood educational institutions
(1)
The Minister may from time to time—
(a)
Recognise for the purposes of funding out of money appropriated by Parliament institutions providing educational and developmental facilities and services for the benefit of children who have not yet enrolled at a State primary school:
(b)
Withdraw the recognition under paragraph (a) of this subsection of any institution.
(2)
The governing body of an institution for the time being recognised under subsection (1) of this section may be paid grants out of money appropriated by Parliament for the purpose.
(3)
The amount of every grant paid under subsection (2) of this section shall be determined by the Minister.
(4)
Before a grant is paid under subsection (2) of this section, the Minister may give the governing body concerned written notice that the grant, or a part or parts of the grant (specified as a particular sum or as a proportion of the total grant), is not to be used except for purposes specified in the notice.
(5)
A governing body that has been given notice under subsection (4) of this section shall ensure that no part of the grant to which the notice relates is used for purposes other than those specified for it in the notice.
(6)
Subject to subsection (5) of this section, a governing body to which a grant is paid under subsection (2) of this section shall apply the grant in doing whatever it thinks will best achieve the purposes the institution or institutions concerned were established for.
(7)
Every institution that was, immediately before the commencement of this Part of this Act, recognised pursuant to regulations made under section 70(1)(b) of the principal Act shall be deemed on that commencement to have been recognised under paragraph (a) of subsection (1) of this section; and paragraph (b) of that subsection shall apply accordingly.
(8)
The following regulations are hereby consequentially revoked:
(a)
Regulations 3 and 4 of the Kindergartens Regulations 1959:
(b)
Regulation 3 of the Kindergartens Regulations 1959, Amendment No. 6.
(9)
Regulation 2 of the Kindergartens Regulations 1959 is hereby consequentially amended by adding to the definition of the term “kindergarten”
the words “under section 23(1)(a) of the Education Amendment Act 1989”
.
(10)
The regulations amended by subsections (8) and (9) of this section may be amended or revoked as if the amendments had been effected by Order in Council and not by those subsections.
Part III Amendments to University Acts
24 Sections to be read with University of Auckland Act 1961
This section and sections 25 to 27 of this Act shall be read together with and deemed part of the University of Auckland Act 1961 (in those sections referred to as the principal Act).
25 Admission of students
(1)
Section 24 of the principal Act is hereby amended by adding the following subsections:
“(10)
No foreign student who is not an exempt student is eligible to matriculate at the University except with the consent of the Council.
“(11)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
“(12)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.
“(13)
Any assisted student may be enrolled at the University, or in a subject, course, or programme at the University, by agreement between the Council and the chief executive of the Ministry of External Relations and Trade.
“(14)
Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at the University, or in any subject, course, or programme at the University, if the enrolment is in a vacant place—
“(a)
That the Council established for foreign students; and
“(b)
Whose continued availability is dependent on the fees payable by foreign students enrolled in it.”
(2)
Section 24(1) of the principal Act is hereby consequentially amended by omitting the word “Every”
, and substituting the words “Subject to subsections (10) to (14) of this section, every”
.
26 Bulk funding
(1)
The principal Act is hereby amended by repealing section 39 (as amended by section 7 of the University of Auckland Amendment Act 1966), and substituting the following section:
“39
“(1)
In each financial year the Council—
“(a)
Shall be paid a general grant; and
“(b)
May be paid one or more special grants,—
out of money appropriated by Parliament for the purpose.
“(2)
The amount of every general and special grant shall be determined by the Minister.
“(3)
The Minister shall ensure that no special grant is paid to the Council before the Minister has given it written notice of the purposes for which the grant is to be used.
“(4)
The Council shall ensure that a special grant is not used except for the purposes specified for it by the Minister.
“(5)
Subject to the provisions of any enactment, and the terms of any trust or endowment,—
“(a)
The University’s income and capital shall be applied in doing whatever the Council thinks will best accomplish the purposes it was established for; and
“(b)
The Council may from time to time, out of the income, create, maintain, or add to, a fund or funds for any one or more of the purposes for which it may be applied.
“(6)
Paragraph (b) of subsection (5) of this section does not limit the generality of paragraph (a) of that subsection.”
(2)
Section 7 of the University of Auckland Amendment Act 1966 is hereby consequentially repealed.
27 Fees
(1)
The principal Act is hereby amended by repealing section 47, and substituting the following sections:
“47a Fees for domestic students
“(1)
The Minister may, by notice in the Gazette, do all or any of the following:
“(a)
Fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any specified course, class, or programme at the University:
“(b)
Specify any course, class, or programme at the University whose tuition fees may be fixed independently:
“(c)
Require the Council to accept payments of tuition fees by instalment in circumstances specified in the notice:
“(d)
Require the Council to refund all or part of any tuition fees paid, in circumstances specified in the notice.
“(2)
Subject to subsection (4) of this section, no domestic student shall be or continue to be enrolled in a subject, course, or programme at the University unless there have been paid to the Council—
“(a)
Where a tuition fee for the subject, course, or programme has been fixed under subsection (1)(a) of this section, that fee:
“(b)
Where there has been specified under subsection (1)(a) of this section a means by which a tuition fee for the subject, course, or programme may be calculated or ascertained, a fee calculated or ascertained accordingly:
“(c)
Where the course, class, or programme has been specified under subsection (1)(b) of this section, the tuition fee (if any) fixed by the Council:
“(d)
Subject to paragraphs (a) to (c) of this subsection, a tuition fee for the subject, course, or programme agreed by the Council and the Minister,—
and all other fees (if any) prescribed by the Council.
“(3)
The Council and the Minister may agree a zero fee under subsection (2) of this section.
“(4)
The Minister may, by notice in the Gazette, exempt people of any class or description from the payment of all or a specified portion of the fees that they would otherwise be required by subsection (2) of this section to pay.
“(5)
The Council shall comply with every requirement under paragraph (c) or paragraph (d) of subsection (1) of this section contained in a notice under that subsection that is for time being in force.
“47b Fees for foreign students
“(1)
The Council shall take all reasonable steps to ensure that no person is enrolled at the University until it has established whether the person is a domestic student or a foreign student.
“(2)
The Minister may, by notice in the Gazette, exempt foreign students of a particular class or description from the payment of all or a specified proportion of fees specified in the notice that would otherwise be required by subsection (3) of this section.
“(3)
Subject to subsection (2) of this section, no foreign student shall be or continue to be enrolled in any subject, course, or programme at the University unless there have been paid to the Council—
“(a)
An amount fixed by the Council that is not less than the sum of—
“(i)
The Council’s best estimate of the cost to the Council (including the appropriate proportion of the Council’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student; and
“(ii)
An amount that is in the Council’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the Council’s capital facilities; and
“(b)
All fees (if any) prescribed by the Council.
“(4)
Where a foreign student has after the 31st day of December 1989 received tuition in a subject, course, or programme at the University without paying the full amount required by subsection (3)(a) of this section in respect of the subject, course, or programme, the Council may, in any Court of competent jurisdiction, recover the underpayment from the student, as a debt due to the Council.
“(5)
In any year, the amount of any grant for the University may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (3)(a) of this section in respect of a subject, course, or programme at the University in which a foreign student was enrolled has not been paid to the Council, the student’s education has been subsidised by money appropriated by Parliament.
“(6)
No grant shall be reduced under subsection (5) of this section unless the Secretary has given the Council written notice of the circumstances taken into account when the proposed reduction was decided on.
“(7)
Where the Council disputes that a grant should be reduced under subsection (5) of this section, or disputes the amount by which it should so be reduced, the following provisions shall apply:
“(a)
The Council may, within 28 days of getting notice from the Secretary under subsection (6) of this section, by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:
“(b)
If, within 14 days of getting the Council’s notice, the Secretary has agreed an arbitrator with the Council, the agreed arbitrator shall settle the dispute:
“(c)
If, within 14 days of getting the Council’s notice, the Secretary has not agreed an arbitrator with the Council, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the Council shall settle the dispute:
“(d)
The arbitrator’s decision is final.
“(8)
The Council shall—
“(a)
When a foreign student enrols, or resumes attendance, at the University, give the Secretary written notice (to the best of the Council’s knowledge) of the student’s name, nationality, and course:
“(b)
When a foreign student ceases to be enrolled at, or ceases to attend, the University, notify the Secretary in writing:
“(c)
Comply with all accounting requirements relating to foreign students enrolled at Universities contained in any notice published by the Minister in the Gazette that is for the time being in force.”
(2)
Section 2 of the principal Act is hereby consequentially amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Assisted student’ means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“‘Domestic student’ means a person who is not a foreign student:
“‘Exempt student’ means a foreign student who—
“(a)
Is in New Zealand under an exchange programme approved by the New Zealand Government; or
“(b)
Is for the time being exempted under section 47b(2) of this Act:
“‘Foreign student’ means a person who is not a New Zealand citizen, and is—
“(a)
A person to whom section 7 of the Immigration Act 1987 applies; or
“(b)
A person obliged by or pursuant to that Act or any other enactment to leave New Zealand immediately or within a specified time; or
“(c)
Deemed for the purposes of that Act to be in New Zealand illegally:
“‘Minister’ means the Minister of the Crown for the time being responsible for the administration of this Act:
“‘Secretary’ means the chief executive of the Ministry of Education:”.
(3)
Section 2 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
In the absence of proof to the contrary,—
“(a)
A certificate signed by the chief executive of the Ministry of External Relations and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or
“(b)
A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.”
28 Sections to be read with University of Waikato Act 1963
This section and sections 29 to 31 of this Act shall be read together with and deemed part of the University of Waikato Act 1963 (in those sections referred to as the principal Act).
29 Admission of students
(1)
Section 24 of the principal Act is hereby amended by repealing subsection (10), and substituting the following subsections:
“(10)
No foreign student who is not an exempt student is eligible to matriculate at the University except with the consent of the Council.
“(11)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
“(12)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.
“(13)
Any assisted student may be enrolled at the University, or in a subject, course, or programme at the University, by agreement between the Council and the chief executive of the Ministry of External Relations and Trade.
“(14)
Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at the University, or in any subject, course, or programme at the University, if the enrolment is in a vacant place—
“(a)
That the Council established for foreign students; and
“(b)
Whose continued availability is dependent on the fees payable by foreign students enrolled in it.”
(2)
Section 24(1) of the principal Act is hereby consequentially amended by omitting the word “Every”
, and substituting the words “Subject to subsections (10) to (14) of this section, every”
.
30 Bulk funding
The principal Act is hereby amended by repealing section 38, and substituting the following section:
“38
“(1)
In each financial year the Council—
“(a)
Shall be paid a general grant; and
“(b)
May be paid one or more special grants,—
out of money appropriated by Parliament for the purpose.
“(2)
The amount of every general and special grant shall be determined by the Minister.
“(3)
The Minister shall ensure that no special grant is paid to the Council before the Minister has given it written notice of the purposes for which the grant is to be used.
“(4)
The Council shall ensure that a special grant is not used except for the purposes specified for it by the Minister.
“(5)
Subject to the provisions of any enactment and the terms of any trust or endowment,—
“(a)
The University’s income and capital shall be applied in doing whatever the Council thinks will best accomplish the purposes it was established for; and
“(b)
The Council may from time to time, out of the income, create, maintain, or add to, a fund or funds for any one or more of the purposes for which it may be applied.
“(6)
Paragraph (b) of subsection (5) of this section does not limit the generality of paragraph (a) of that subsection.”
31 Fees
(1)
The principal Act is hereby amended by repealing section 47, and substituting the following sections:
“47a Fees for domestic students
“(1)
The Minister may, by notice in the Gazette, do all or any of the following:
“(a)
Fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any specified course, class, or programme at the University:
“(b)
Specify any course, class, or programme at the University whose tuition fees may be fixed independently:
“(c)
Require the Council to accept payments of tuition fees by instalment in circumstances specified in the notice:
“(d)
Require the Council to refund all or part of any tuition fees paid, in circumstances specified in the notice.
“(2)
Subject to subsection (4) of this section, no domestic student shall be or continue to be enrolled in a subject, course, or programme at the University unless there have been paid to the Council—
“(a)
Where a tuition fee for the subject, course, or programme has been fixed under subsection (1)(a) of this section, that fee:
“(b)
Where there has been specified under subsection (1)(a) of this section a means by which a tuition fee for the subject, course, or programme may be calculated or ascertained, a fee calculated or ascertained accordingly:
“(c)
Where the course, class, or programme has been specified under subsection (1)(b) of this section, the tuition fee (if any) fixed by the Council:
“(d)
Subject to paragraphs (a) to (c) of this subsection, a tuition fee for the subject, course, or programme agreed by the Council and the Minister,—
and all other fees (if any) prescribed by the Council.
“(3)
The Council and the Minister may agree a zero fee under subsection (2) of this section.
“(4)
The Minister may, by notice in the Gazette, exempt people of any class or description from the payment of all or a specified portion of the fees that they would otherwise be required by subsection (2) of this section to pay.
“(5)
The Council shall comply with every requirement under paragraph (c) or paragraph (d) of subsection (1) of this section contained in a notice under that subsection that is for the time being in force.
“47b Fees for foreign students
“(1)
The Council shall take all reasonable steps to ensure that no person is enrolled at the University until it has established whether the person is a domestic student or a foreign student.
“(2)
The Minister may, by notice in the Gazette, exempt foreign students of a particular class or description from the payment of all or a specified proportion of fees specified in the notice that would otherwise be required by subsection (3) of this section.
“(3)
Subject to subsection (2) of this section, no foreign student shall be or continue to be enrolled in any subject, course, or programme at the University unless there have been paid to the Council—
“(a)
An amount fixed by the Council that is not less than the sum of—
“(i)
The Council’s best estimate of the cost to the Council (including the appropriate proportion of the Council’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student; and
“(ii)
An amount that is in the Council’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the Council’s capital facilities; and
“(b)
All fees (if any) prescribed by the Council.
“(4)
Where a foreign student has after the 31st day of December 1989 received tuition in a subject, course, or programme at the University without paying the full amount required by subsection (3)(a) of this section in respect of the subject, course, or programme, the Council may, in any Court of competent jurisdiction, recover the underpayment from the student, as a debt due to the Council.
“(5)
In any year, the amount of any grant for the University may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (3)(a) of this section in respect of a subject, course, or programme at the University in which a foreign student was enrolled has not been paid to the Council, the student’s education has been subsidised by money appropriated by Parliament.
“(6)
No grant shall be reduced under subsection (5) of this section unless the Secretary has given the Council written notice of the circumstances taken into account when the proposed reduction was decided on.
“(7)
Where the Council disputes that a grant should be reduced under subsection (5) of this section, or disputes the amount by which it should so be reduced, the following provisions shall apply:
“(a)
The Council may, within 28 days of getting notice from the Secretary under subsection (6) of this section, by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:
“(b)
If, within 14 days of getting the Council’s notice, the Secretary has agreed an arbitrator with the Council, the agreed arbitrator shall settle the dispute:
“(c)
If, within 14 days of getting the Council’s notice, the Secretary has not agreed an arbitrator with the Council, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the Council shall settle the dispute:
“(d)
The arbitrator’s decision is final.
“(8)
The Council shall—
“(a)
When a foreign student enrols, or resumes attendance, at the University, give the Secretary written notice (to the best of the Council’s knowledge) of the student’s name, nationality, and course:
“(b)
When a foreign student ceases to be enrolled at, or ceases to attend, the University, notify the Secretary in writing:
“(c)
Comply with all accounting requirements relating to foreign students enrolled at Universities contained in any notice published by the Minister in the Gazette that is for the time being in force.”
(2)
Section 2 of the principal Act is hereby consequentially amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Assisted student’ means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“‘Domestic student’ means a person who is not a foreign student:
“‘Exempt student’ means a foreign student who—
“(a)
Is in New Zealand to study under an exchange programme approved by the New Zealand Government; or
“(b)
Is for the time being exempted under section 47b(2) of this Act:
“‘Foreign student’ means a person who is not a New Zealand citizen, and is—
“(a)
A person to whom section 7 of the Immigration Act 1987 applies; or
“(b)
A person obliged by or pursuant to that Act or any other enactment to leave New Zealand immediately or within a specified time; or
“(c)
Deemed for the purposes of that Act to be in New Zealand illegally:
“‘Minister’ means the Minister of the Crown for the time being responsible for the administration of this Act:
“‘Secretary’ means the chief executive of the Ministry of Education:”.
(3)
Section 2 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
In the absence of proof to the contrary,—
“(a)
A certificate signed by the chief executive of the Ministry of External Relations and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or
“(b)
A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.”
32 Sections to be read with Massey University Act 1968
This section and sections 33 to 35 of this Act shall be read together with and deemed part of the Massey University Act 1963 (in those sections referred to as the principal Act).
33 Admission of students
(1)
Section 24 of the principal Act is hereby amended by adding the following subsections:
“(10)
No foreign student who is not an exempt student is eligible to matriculate at the University except with the consent of the Council.
“(11)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
“(12)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.
“(13)
Any assisted student may be enrolled at the University, or in a subject, course, or programme at the University, by agreement between the Council and the chief executive of the Ministry of External Relations and Trade.
“(14)
Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at the University, or in any subject, course, or programme at the University, if the enrolment is in a vacant place—
“(a)
That the Council established for foreign students; and
“(b)
Whose continued availability is dependent on the fees payable by foreign students enrolled in it.”
(2)
Section 24(1) of the principal Act is hereby consequentially amended by omitting the word “Every”
, and substituting the words “Subject to subsections (10) to (14) of this section, every”
.
34 Bulk funding
The principal Act is hereby amended by repealing section 38, and substituting the following section:
“38
“(1)
In each financial year the Council—
“(a)
Shall be paid a general grant; and
“(b)
May be paid one or more special grants,—
out of money appropriated by Parliament for the purpose.
“(2)
The amount of every general and special grant shall be determined by the Minister.
“(3)
The Minister shall ensure that no special grant is paid to the Council before the Minister has given it written notice of the purposes for which the grant is to be used.
“(4)
The Council shall ensure that a special grant is not used except for the purposes specified for it by the Minister.
“(5)
Subject to the provisions of any enactment and the terms of any trust or endowment,—
“(a)
The University’s income and capital shall be applied in doing whatever the Council thinks will best accomplish the purposes it was established for; and
“(b)
The Council may from time to time, out of the income, create, maintain, or add to, a fund or funds for any one or more of the purposes for which it may be applied.
“(6)
Paragraph (b) of subsection (5) of this section does not limit the generality of paragraph (a) of that subsection.”
35 Fees
(1)
The principal Act is hereby amended by repealing section 47, and substituting the following sections:
“47a Fees for domestic students
“(1)
The Minister may, by notice in the Gazette, do all or any of the following:
“(a)
Fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any specified course, class, or programme at the University:
“(b)
Specify any course, class, or programme at the University whose tuition fees may be fixed independently:
“(c)
Require the Council to accept payments of tuition fees by instalment in circumstances specified in the notice:
“(d)
Require the Council to refund all or part of any tuition fees paid, in circumstances specified in the notice.
“(2)
Subject to subsection (4) of this section, no domestic student shall be or continue to be enrolled in a subject, course, or programme at the University unless there have been paid to the Council—
“(a)
Where a tuition fee for the subject, course, or programme has been fixed under subsection (1)(a) of this section, that fee:
“(b)
Where there has been specified under subsection (1)(a) of this section a means by which a tuition fee for the subject, course, or programme may be calculated or ascertained, a fee calculated or ascertained accordingly:
“(c)
Where the course, class, or programme has been specified under subsection (1)(b) of this section, the tuition fee (if any) fixed by the Council:
“(d)
Subject to paragraphs (a) to (c) of this subsection, a tuition fee for the subject, course, or programme agreed by the Council and the Minister,—
and all other fees (if any) prescribed by the Council.
“(3)
The Council and the Minister may agree a zero fee under subsection (2) of this section.
“(4)
The Minister may, by notice in the Gazette, exempt people of any class or description from the payment of all or a specified portion of the fees that they would otherwise be required by subsection (2) of this section to pay.
“(5)
The Council shall comply with every requirement under paragraph (c) or paragraph (d) of subsection (1) of this section contained in a notice under that subsection that is for the time being in force.
“47b Fees for foreign students
“(1)
The Council shall take all reasonable steps to ensure that no person is enrolled at the University until it has established whether the person is a domestic student or a foreign student.
“(2)
The Minister may, by notice in the Gazette, exempt foreign students of a particular class or description from the payment of all or a specified proportion of fees specified in the notice that would otherwise be required by subsection (3) of this section.
“(3)
Subject to subsection (2) of this section, no foreign student shall be or continue to be enrolled in any subject, course, or programme at the University unless there have been paid to the Council—
“(a)
An amount fixed by the Council that is not less than the sum of—
“(i)
The Council’s best estimate of the cost to the Council (including the appropriate proportion of the Council’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student; and
“(ii)
An amount that is in the Council’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the Council’s capital facilities; and
“(b)
All fees (if any) prescribed by the Council.
“(4)
Where a foreign student has after the 31st day of December 1989 received tuition in a subject, course, or programme at the University without paying the full amount required by subsection (3)(a) of this section in respect of the subject, course, or programme, the Council may, in any Court of competent jurisdiction, recover the underpayment from the student, as a debt due to the Council.
“(5)
In any year, the amount of any grant for the University may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (3)(a) of this section in respect of a subject, course, or programme at the University in which a foreign student was enrolled has not been paid to the Council, the student’s education has been subsidised by money appropriated by Parliament.
“(6)
No grant shall be reduced under subsection (5) of this section unless the Secretary has given the Council written notice of the circumstances taken into account when the proposed reduction was decided on.
“(7)
Where the Council disputes that a grant should be reduced under subsection (5) of this section, or disputes the amount by which it should so be reduced, the following provisions shall apply:
“(a)
The Council may, within 28 days of getting notice from the Secretary under subsection (6) of this section, by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:
“(b)
If, within 14 days of getting the Council’s notice, the Secretary has agreed an arbitrator with the Council, the agreed arbitrator shall settle the dispute:
“(c)
If, within 14 days of getting the Council’s notice, the Secretary has not agreed an arbitrator with the Council, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the Council shall settle the dispute:
“(d)
The arbitrator’s decision is final.
“(8)
The Council shall—
“(a)
When a foreign student enrols, or resumes attendance, at the University, give the Secretary written notice (to the best of the Council’s knowledge) of the student’s name, nationality, and course.
“(b)
When a foreign student ceases to be enrolled at, or ceases to attend, the University, notify the Secretary in writing:
“(c)
Comply with all accounting requirements relating to foreign students enrolled at Universities contained in any notice published by the Minister in the Gazette that is for the time being in force.”
(2)
Section 2 of the principal Act is hereby consequentially amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Assisted student’ means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“‘Domestic student’ means a person who is not a foreign student:
“‘Exempt student’ means a foreign student who—
“(a)
Is in New Zealand to study under an assistance or exchange programme approved by the New Zealand Government; or
“(b)
Is for the time being exempted under section 47b(2) of this Act:
“‘Foreign student’ means a person who is not a New Zealand citizen, and is—
“(a)
A person to whom section 7 of the Immigration Act 1987 applies; or
“(b)
A person obliged by or pursuant to that Act or any other enactment to leave New Zealand immediately or within a specified time; or
“(c)
Deemed for the purposes of that Act to be in New Zealand illegally:
“‘Minister’ means the Minister of the Crown for the time being responsible for the administration of this Act:
“‘Secretary’ means the chief executive of the Ministry of Education:”.
(3)
Section 2 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
In the absence of proof to the contrary,—
“(a)
A certificate signed by the chief executive of the Ministry of External Relations and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or
“(b)
A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.”
36 Sections to be read with Victoria University of Wellington Act 1961
This section and sections 37 to 39 of this Act shall be read together with and deemed part of the Victoria University of Wellington Act 1961 (in those sections referred to as the principal Act).
37 Admission of students
(1)
Section 24 of the principal Act is hereby amended by adding the following subsections:
“(10)
No foreign student who is not an exempt student is eligible to matriculate at the University except with the consent of the Council.
“(11)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
“(12)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.
“(13)
Any assisted student may be enrolled at the University, or in a subject, course, or programme at the University, by agreement between the Council and the chief executive of the Ministry of External Relations and Trade.
“(14)
Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at the University, or in any subject, course, or programme at the University, if the enrolment is in a vacant place—
“(a)
That the Council established for foreign students; and
“(b)
Whose continued availability is dependent on the fees payable by foreign students enrolled in it.”
(2)
Section 24(1) of the principal Act is hereby consequentially amended by omitting the word “Every”
, and substituting the words “Subject to subsections (10) to (14) of this section, every”
.
38 Bulk funding
(1)
The principal Act is hereby amended by repealing section 40 (as amended by section 4 of the Victoria University of Wellington Amendment Act 1966), and substituting the following section:
“40
“(1)
In each financial year the Council—
“(a)
Shall be paid a general grant; and
“(b)
May be paid one or more special grants,—
out or money appropriated by Parliament for the purpose.
“(2)
The amount of every general and special grant shall be determined by the Minister.
“(3)
The Minister shall ensure that no special grant is paid to the Council before the Minister has given it written notice of the purposes for which the grant is to be used.
“(4)
The Council shall ensure that a special grant is not used except for the purposes specified for it by the Minister.
“(5)
Subject to the provisions of any enactment and the terms of any trust or endowment,—
“(a)
The University’s income and capital shall be applied in doing whatever the Council thinks will best accomplish the purposes it was established for; and
“(b)
The Council may from time to time, out of the income, create, maintain, or add to, a fund or funds for any one or more of the purposes for which it may be applied.
“(6)
Paragraph (b) of subsection (5) of this section does not limit the generality of paragraph (a) of that subsection.”
(2)
Section 4 of the Victoria University of Wellington Amendment Act 1966 is hereby consequentially repealed.
39 Fees
(1)
The principal Act is hereby amended by repealing section 48, and substituting the following sections:
“48a Fees for domestic students
“(1)
The Minister may, by notice in the Gazette, do all or any of the following:
“(a)
Fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any specified course, class, or programme at the University:
“(b)
Specify any course, class, or programme at the University whose tuition fees may be fixed independently:
“(c)
Require the Council to accept payments of tuition fees by instalment in circumstances specified in the notice:
“(d)
Require the Council to refund all or part of any tuition fees paid, in circumstances specified in the notice.
“(2)
Subject to subsection (4) of this section, no domestic student shall be or continue to be enrolled in a subject, course, or programme at the University unless there have been paid to the Council—
“(a)
Where a tuition fee for the subject, course, or programme has been fixed under subsection (1)(a) of this section, that fee:
“(b)
Where there has been specified under subsection (1)(a) of this section a means by which a tuition fee for the subject, course, or programme may be calculated or ascertained, a fee calculated or ascertained accordingly:
“(c)
Where the course, class, or programme has been specified under subsection (1)(b) of this section, the tuition fee (if any) fixed by the Council:
“(d)
Subject to paragraphs (a) to (c) of this subsection, a tuition fee for the subject, course, or programme agreed by the Council and the Minister,—
and all other fees (if any) prescribed by the Council.
“(3)
The Council and the Minister may agree a zero fee under subsection (2) of this section.
“(4)
The Minister may, by notice in the Gazette, exempt people of any class or description from the payment of all or a specified portion of the fees that they would otherwise be required by subsection (2) of this section to pay.
“(5)
The Council shall comply with every requirement under paragraph (c) or paragraph (d) of subsection (1) of this section contained in a notice under that subsection that is for the time being in force.
“48b Fees for foreign students
“(1)
The Council shall take all reasonable steps to ensure that no person is enrolled at the University until it has established whether the person is a domestic student or a foreign student.
“(2)
The Minister may, by notice in the Gazette, exempt foreign students of a particular class or description from the payment of all or a specified proportion of fees specified in the notice that would otherwise be required by subsection (3) of this section.
“(3)
Subject to subsection (2) of this section, no foreign student shall be or continue to be enrolled in any subject, course, or programme at the University unless there have been paid to the Council—
“(a)
An amount fixed by the Council that is not less than the sum of—
“(i)
The Council’s best estimate of the cost to the Council (including the appropriate proportion of the Council’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student; and
“(ii)
An amount that is in the Council’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the Council’s capital facilities; and
“(b)
All fees (if any) prescribed by the Council.
“(4)
Where a foreign student has after the 31st day of December 1989 received tuition in a subject, course, or programme at the University without paying the full amount required by subsection (3)(a) of this section in respect of the subject, course, or programme, the Council may, in any Court of competent jurisdiction, recover the underpayment from the student, as a debt due to the Council.
“(5)
In any year, the amount of any grant for the University may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (3)(a) of this section in respect of a subject, course, or programme at the University in which a foreign student was enrolled has not been paid to the Council, the student’s education has been subsidised by money appropriated by Parliament.
“(6)
No grant shall be reduced under subsection (5) of this section unless the Secretary has given the Council written notice of the circumstances taken into account when the proposed reduction was decided on.
“(7)
Where the Council disputes that a grant should be reduced under subsection (5) of this section, or disputes the amount by which it should so be reduced, the following provisions shall apply:
“(a)
The Council may, within 28 days of getting notice from the Secretary under subsection (6) of this section, by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:
“(b)
If, within 14 days of getting the Council’s notice, the Secretary has agreed an arbitrator with the Council, the agreed arbitrator shall settle the dispute:
“(c)
If, within 14 days of getting the Council’s notice, the Secretary has not agreed an arbitrator with the Council, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the Council shall settle the dispute:
“(d)
The arbitrator’s decision is final.
“(8)
The Council shall—
“(a)
When a foreign student enrols, or resumes attendance, at the University, give the Secretary written notice (to the best of the Council’s knowledge) of the student’s name, nationality, and course:
“(b)
When a foreign student ceases to be enrolled at, or ceases to attend, the University, notify the Secretary in writing:
“(c)
Comply with all accounting requirements relating to foreign students enrolled at Universities contained in any notice published by the Minister in the Gazette that is for the time being in force.”
(2)
Section 2 of the principal Act is hereby consequentially amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Assisted student’ means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“‘Domestic student’ means a person who is not a foreign student:
“‘Exempt student’ means a foreign student who—
“(a)
Is in New Zealand to study under an exchange programme approved by the New Zealand Government; or
“(b)
Is for the time being exempted under section 48b(2) of this Act:
“‘Foreign student’ means a person who is not a New Zealand citizen, and is—
“(a)
A person to whom section 7 of the Immigration Act 1987 applies; or
“(b)
A person obliged by or pursuant to that Act or any other enactment to leave New Zealand immediately or within a specified time; or
“(c)
Deemed for the purposes of that Act to be in New Zealand illegally:
“‘Minister’ means the Minister of the Crown for the time being responsible for the administration of this Act:
“‘Secretary’ means the chief executive of the Ministry of Education:”.
(3)
Section 2 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
In the absence of proof to the contrary,—
“(a)
A certificate signed by the chief executive of the Ministry of External Relations and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or
“(b)
A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.”
40 Sections to be read with University of Canterbury Act 1961
This section and sections 41 to 43 of this Act shall be read together with and deemed part of the University of Canterbury Act 1961 (in those sections referred to as the principal Act).
41 Admission of students
(1)
Section 24 of the principal Act is hereby amended by adding the following subsections:
“(10)
No foreign student who is not an exempt student is eligible to matriculate at the University except with the consent of the Council.
“(11)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
“(12)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.
“(13)
Any assisted student may be enrolled at the University, or in subject, course, or programme at the University, by agreement between the Council and the chief executive of the Ministry of External Relations and Trade.
“(14)
Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at the University, or in any subject, course, or programme at the University, if the enrolment is in a vacant place—
“(a)
That the Council established for foreign students; and
“(b)
Whose continued availability is dependent on the fees payable by foreign students enrolled in it.”
(2)
Section 24(1) of the principal Act is hereby consequentially amended by omitting the word “Every”
, and substituting the words “Subject to subsections (10) to (14) of this section, every”
.
42 Bulk funding
(1)
The principal Act is hereby amended by repealing section 40 (as amended by section 4 of the University of Canterbury Amendment Act 1966), and substituting the following section:
“40
“(1)
In each financial year the Council—
“(a)
Shall be paid a general grant; and
“(b)
May be paid one or more special grants,—
out of money appropriated by Parliament for the purpose.
“(2)
The amount of every general and special grant shall be determined by the Minister.
“(3)
The Minister shall ensure that no special grant is paid to the Council before the Minister has given it written notice of the purposes for which the grant is to be used.
“(4)
The Council shall ensure that a special grant is not used except for the purposes specified for it by the Minister.
“(5)
Subject to the provisions of any enactment and the terms of any trust or endowment,—
“(a)
The University’s income and capital shall be applied in doing whatever the Council thinks will best accomplish the purposes it was established for; and
“(b)
The Council may from time to time, out of the income, create, maintain, or add to, a fund or funds for any one or more of the purposes for which it may be applied.
“(6)
Paragraph (b) of subsection (5) of this section does not limit the generality of paragraph (a) of that subsection.”
(2)
Section 4 of the University of Canterbury Amendment Act 1966 is hereby consequentially repealed.
43 Fees
(1)
The principal Act is hereby amended by repealing section 48, and substituting the following sections:
“48a Fees for domestic students
“(1)
The Minister may, by notice in the Gazette, do all or any of the following:
“(a)
Fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any specified course, class, or programme at the University:
“(b)
Specify any course, class, or programme at the University whose tuition fees may be fixed independently:
“(c)
Require the Council to accept payments of tuition fees by instalment in circumstances specified in the notice:
“(d)
Require the Council to refund all or part of any tuition fees paid, in circumstances specified in the notice.
“(2)
Subject to subsection (4) of this section, no domestic student shall be or continue to be enrolled in a subject, course, or programme at the University unless there have been paid to the Council—
“(a)
Where a tuition fee for the subject, course, or programme has been fixed under subsection (1)(a) of this section, that fee:
“(b)
Where there has been specified under subsection (1)(a) of this section a means by which a tuition fee for the subject, course, or programme may be calculated or ascertained, a fee calculated or ascertained accordingly:
“(c)
Where the course, class, or programme has been specified under subsection (1)(b) of this section, the tuition fee (if any) fixed by the Council:
“(d)
Subject to paragraphs (a) to (c) of this subsection, a tuition fee for the subject, course, or programme agreed by the Council and the Minister,—
and all other fees (if any) prescribed by the Council.
“(3)
The Council and the Minister may agree a zero fee under subsection (2) of this section.
“(4)
The Minister may, by notice in the Gazette, exempt people of any class or description from the payment of all or a specified portion of the fees that they would otherwise be required by subsection (2) of this section to pay.
“(5)
The Council shall comply with every requirement under paragraph (c) or paragraph (a) of subsection (1) of this section contained in a notice under that subsection that is for the time being in force.
“48b Fees for foreign students
“(1)
The Council shall take all reasonable steps to ensure that no person is enrolled at the University until it has established whether the person is a domestic student or a foreign student.
“(2)
The Minister may, by notice in the Gazette, exempt foreign students of a particular class or description from the payment of all or a specified proportion of fees specified in the notice that would otherwise be required by subsection (3) of this section.
“(3)
Subject to subsection (2) of this section, no foreign student shall be or continue to be enrolled in any subject, course, or programme at the University unless there have been paid to the Council—
“(a)
An amount fixed by the Council that is not less than the sum of—
“(i)
The Council’s best estimate of the cost to the Council (including the appropriate proportion of the Council’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student; and
“(ii)
An amount that is in the Council’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the Council’s capital facilities; and
“(b)
All fees (if any) prescribed by the Council.
“(4)
Where a foreign student has after the 31st day of December 1989 received tuition in a subject, course, or programme at the University without paying the full amount required by subsection (3)(a) of this section in respect of the subject, course, or programme, the Council may, in any Court of competent jurisdiction, recover the underpayment from the student, as a debt due to the Council.
“(5)
In any year, the amount of any grant for the University may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (3)(a) of this section in respect of a subject, course, or programme at the University in which a foreign student was enrolled has not been paid to the Council, the student’s education has been subsidised by money appropriated by Parliament.
“(6)
No grant shall be reduced under subsection (5) of this section unless the Secretary has given the Council written notice of the circumstances taken into account when the proposed reduction was decided on.
“(7)
Where the Council disputes that a grant should be reduced under subsection (5) of this section, or disputes the amount by which it should so be reduced, the following provisions shall apply:
“(a)
The Council may, within 28 days of getting notice from the Secretary under subsection (6) of this section, by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:
“(b)
If, within 14 days of getting the Council’s notice, the Secretary has agreed an arbitrator with the Council, the agreed arbitrator shall settle the dispute:
“(c)
If, within 14 days of getting the Council’s notice, the Secretary has not agreed an arbitrator with the Council, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the Council shall settle the dispute:
“(d)
The arbitrator’s decision is final.
“(8)
The Council shall—
“(a)
When a foreign student enrols, or resumes attendance, at the University, give the Secretary written notice (to the best of the Council’s knowledge) of the student’s name, nationality, and course:
“(b)
When a foreign student ceases to be enrolled at, or ceases to attend, the University, notify the Secretary in writing:
“(c)
Comply with all accounting requirements relating to foreign students enrolled at Universities contained in any notice published by the Minister in the Gazette that is for the time being in force.”
(2)
Section 2 of the principal Act is hereby consequentially amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Assisted student’ means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“‘Domestic student’ means a person who is not a foreign student:
“‘Exempt student’ means a foreign student who—
“(a)
Is in New Zealand to study under an exchange programme approved by the New Zealand Government; or
“(b)
Is for the time being exempted under section 48b(2) of this Act:
“‘Foreign student’ means a person who is not a New Zealand citizen, and is—
“(a)
A person to whom section 7 of the Immigration Act 1987 applies; or
“(b)
A person obliged by or pursuant to that Act or any other enactment to leave New Zealand immediately or within a specified time; or
“(c)
Deemed for the purposes of that Act to be in New Zealand illegally:
“‘Minister’ means the Minister of the Crown for the time being responsible for the administration of this Act:
“‘Secretary’ means the chief executive of the Ministry of Education:”.
(3)
Section 2 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
In the absence of proof to the contrary,—
“(a)
A certificate signed by the chief executive of the Ministry of External Relations and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or
“(b)
A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.”
44 Sections to be read with University of Otago Amendment Act 1961
This section and sections 45 to 47 of this Act shall be read together with and deemed part of the University of Otago Amendment Act 1961 (in those sections referred to as the principal Act).
45 Admission of students
(1)
Section 14 of the principal Act is hereby amended by adding the following subsections:
“(10)
No foreign student who is not an exempt student is eligible to matriculate at the University except with the consent of the Council.
“(11)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
“(12)
Except as provided in subsection (13) or subsection (14) of this section, no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at the University if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.
“(13)
Any assisted student may be enrolled at the University, or in a subject, course, or programme at the University, by agreement between the Council and the chief executive of the Ministry of External Relations and Trade.
“(14)
Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at the University, or in any subject, course, or programme at the University, if the enrolment is in a vacant place—
“(a)
That the Council established for foreign students; and
“(b)
Whose continued availability is dependent on the fees payable by foreign students enrolled in it.”
(2)
Section 14(1) of the principal Act is hereby consequentially amended by omitting the word “Every”
, and substituting the words “Subject to subsections (10) to (14) of this section, every”
.
46 Bulk funding
(1)
The principal Act is hereby amended by repealing section 26 (as amended by section 3 of the University of Otago Amendment Act 1966), and substituting the following section:
“26
“(1)
In each financial year the Council—
“(a)
Shall be paid a general grant; and
“(b)
May be paid one or more special grants,—
out of money appropriated by Parliament for the purpose.
“(2)
The amount of every general and special grant shall be determined by the Minister.
“(3)
The Minister shall ensure that no special grant is paid to the Council before the Minister has given it written notice of the purposes for which the grant is to be used.
“(4)
The Council shall ensure that a special grant is not used except for the purposes specified for it by the Minister.
“(5)
Subject to the provisions of any enactment and the terms of any trust or endowment,—
“(a)
The University’s income and capital shall be applied in doing whatever the Council thinks will best accomplish the purposes it was established for; and
“(b)
The Council may from time to time, out of the income, create, maintain, or add to, a fund or funds for any one or more of the purposes for which it may be applied.
“(6)
Paragraph (b) of subsection (5) of this section does not limit the generality of paragraph (a) of that subsection.”
(2)
Section 3 of the University of Otago Amendment Act 1966 is hereby consequentially repealed.
47 Fees
(1)
The principal Act is hereby amended by repealing section 34, and substituting the following sections:
“34a Fees for domestic students
“(1)
The Minister may, by notice in the Gazette, do all or any of the following:
“(a)
Fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any specified course, class, or programme at the University:
“(b)
Specify any course, class, or programme at the University whose tuition fees may be fixed independently:
“(c)
Require the Council to accept payments of tuition fees by instalment in circumstances specified in the notice:
“(d)
Require the Council to refund all or part of any tuition fees paid, in circumstances specified in the notice.
“(2)
Subject to subsection (4) of this section, no domestic student shall be or continue to be enrolled in a subject, course, or programme at the University unless there have been paid to the Council—
“(a)
Where a tuition fee for the subject, course, or programme has been fixed under subsection (1)(a) of this section, that fee:
“(b)
Where there has been specified under subsection (1)(a) of this section a means by which a tuition fee for the subject, course, or programme may be calculated or ascertained, a fee calculated or ascertained accordingly:
“(c)
Where the course, class, or programme has been specified under subsection (1)(b) of this section, the tuition fee (if any) fixed by the Council:
“(d)
Subject to paragraphs (a) to (c) of this subsection, a tuition fee for the subject, course, or programme agreed by the Council and the Minister,—
and all other fees (if any) prescribed by the Council.
“(3)
The Council and the Minister may agree a zero fee under subsection (2) of this section.
“(4)
The Minister may, by notice in the Gazette, exempt people of any class or description from the payment of all or a specified portion of the fees that they would otherwise be required by subsection (2) of this section to pay.
“(5)
The Council shall comply with every requirement under paragraph (c) or paragraph (a) of subsection (1) of this section contained in a notice under that subsection that is for the time being in force.
“34b Fees for foreign students
“(1)
The Council shall take all reasonable steps to ensure that no person is enrolled at the University until it has established whether the person is a domestic student or a foreign student.
“(2)
The Minister may, by notice in the Gazette, exempt foreign students of a particular class or description from the payment of all or a specified proportion of fees specified in the notice that would otherwise be required by subsection (3) of this section.
“(3)
Subject to subsection (2) of this section, no foreign student shall be or continue to be enrolled in any subject, course, or programme at the University unless there have been paid to the Council—
“(a)
An amount fixed by the Council that is not less than the sum of—
“(i)
The Council’s best estimate of the cost to the Council (including the appropriate proportion of the Council’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student; and
“(ii)
An amount that is in the Council’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the Council’s capital facilities; and
“(b)
All fees (if any) prescribed by the Council.
“(4)
Where a foreign student has after the 31st day of December 1989 received tuition in a subject, course, or programme at the University without paying the full amount required by subsection (3)(a) of this section in respect of the subject, course, or programme, the Council may, in any Court of competent jurisdiction, recover the underpayment from the student, as a debt due to the Council.
“(5)
In any year, the amount of any grant for the University may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (3)(a) of this section in respect of a subject, course, or programme at the University in which a foreign student was enrolled has not been paid to the Council, the student’s education has been subsidised by money appropriated by Parliament.
“(6)
No grant shall be reduced under subsection (5) of this section unless the Secretary has given the Council written notice of the circumstances taken into account when the proposed reduction was decided on.
“(7)
Where the Council disputes that a grant should be reduced under subsection (5) of this section, or disputes the amount by which it should so be reduced, the following provisions shall apply:
“(a)
The Council may, within 28 days of getting notice from the Secretary under subsection (6) of this section, by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:
“(b)
If, within 14 days of getting the Council’s notice, the Secretary has agreed an arbitrator with the Council, the agreed arbitrator shall settle the dispute:
“(c)
If, within 14 days of getting the Council’s notice, the Secretary has not agreed an arbitrator with the Council, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the Council shall settle the dispute:
“(d)
The arbitrator’s decision is final.
“(8)
The Council shall—
“(a)
When a foreign student enrols, or resumes attendance, at the University, give the Secretary written notice (to the best of the Council’s knowledge) of the student’s name, nationality, and course:
“(b)
When a foreign student ceases to be enrolled at, or ceases to attend, the University, notify the Secretary in writing:
“(c)
Comply with all accounting requirements relating to foreign students enrolled at Universities contained in any notice published by the Minister in the Gazette that is for the time being in force.”
(2)
Section 2 of the principal Act is hereby consequentially amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Assisted student’ means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“‘Domestic student’ means a person who is not a foreign student:
“‘Exempt student’ means a foreign student who—
“(a)
Is in New Zealand to study under an exchange programme approved by the New Zealand Government; or
“(b)
Is for the time being exempted under section 34b(2) of this Act:
“‘Foreign student’ means a person who is not a New Zealand citizen, and is—
“(a)
A person to whom section 7 of the Immigration Act 1987 applies; or
“(b)
A person obliged by or pursuant to that Act or any other enactment to leave New Zealand immediately or within a specified time; or
“(c)
Deemed for the purposes of that Act to be in New Zealand illegally:
“‘Minister’ means the Minister of the Crown for the time being responsible for the administration of this Act:
“‘Secretary’ means the chief executive of the Ministry of Education:”.
(3)
Section 2 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
In the absence of proof to the contrary,—
“(a)
A certificate signed by the chief executive of the Ministry of External Relations and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or
“(b)
A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.”
48 Sections to be read with Lincoln University Act 1961
This section and sections 49 to 52 of this Act shall be read together with and deemed part of the Lincoln University Act 1961 (in those sections referred to as the principal Act).
49 Constitution of University
(1)
Section 3(1) of the principal Act is hereby amended by omitting the words “Lincoln College”
, and substituting the words “Lincoln University”
.
(2)
The principal Act is hereby consequentially amended—
(a)
By omitting from the Title, the words “Lincoln College”
, and substituting the words “Lincoln University”
; and
(b)
By omitting from—
(i)
Section 1(1); and
(ii)
The definitions in section 2 of the terms “the Chairman”
, “the Council”
, “the Deputy Chairman”
, “the Principal”
, “the Professorial Board”
, and “the Registrar”
,—
the word “College”
, and substituting, in each case, the word “University”
; and
(c)
By omitting from—
(i)
The definitions in section 2 of the terms “the College”
and “lecturer”
; and
(ii)
Sections 6(2), 25(1), 26(1), 28(1), and 30(1),—
the words “Lincoln College”
, and substituting, in each case, the words “Lincoln University”
.
(3)
The enactments to which subsection (4) of this section applies are hereby consequentially amended by—
(a)
Omitting from the Title the word “College”
, and substituting the word “University”
; and
(b)
Omitting from section 1, in both places where it appears, the word “College”
, and substituting, in each case, the word “University”
.
(4)
This subsection applies to the enactments that, immediately before the commencement of this Act, were known, respectively, as—
(a)
The Lincoln College Amendment Act 1966; and
(b)
The Lincoln College Amendment Act 1970; and
(c)
The Lincoln College Amendment Act 1977; and
(d)
The Lincoln College Amendment Act 1987.
(5)
Lincoln University is the same body as the body called Lincoln College immediately before the commencement of this Act.
(6)
Every reference in any enactment other than this Act to Lincoln College shall be read as a reference to Lincoln University.
50 Admission of students
(1)
Section 24 of the principal Act is hereby amended by adding the following subsections:
“(7)
No foreign student who is not an exempt student is eligible to matriculate at the College except with the consent of the Council.
“(8)
Except as provided in subsection (10) and subsection (11) of this section, no foreign student who is not an exempt student shall be enrolled at the College if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.
“(9)
Except as provided in subsection (10) and subsection (11) of this section, no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at the College if the student’s enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.
“(10)
Any assisted student may be enrolled at the College, or in a subject, course, or programme at the College, by agreement between the Council and the chief executive of the Ministry of External Relations and Trade.
“(11)
Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at the College, or in any subject, course, or programme at the College, if the enrolment is in a vacant place—
“(a)
That the Council established for foreign students; and
“(b)
Whose continued availability is dependent on the fees payable by foreign students enrolled in it.”
(2)
Section 24(1) of the principal Act is hereby consequentially amended by omitting the word “Every”
, and substituting the words “Subject to subsections (7) to (11) of this section, every”
.
51 Bulk funding
(1)
The principal Act is hereby amended by repealing section 38 (as amended by section 4 of the Lincoln College Amendment Act 1966), and substituting the following section:
“38
“(1)
In each financial year the Council—
“(a)
Shall be paid a general grant; and
“(b)
May be paid one or more special grants,—
out of money appropriated by Parliament for the purpose.
“(2)
The amount of every general and special grant shall be determined by the Minister.
“(3)
The Minister shall ensure that no special grant is paid to the Council before the Minister has given it written notice of the purposes for which the grant is to be used.
“(4)
The Council shall ensure that a special grant is not used except for the purposes specified for it by the Minister.
“(5)
Subject to the provisions of any enactment and the terms of any trust or endowment,—
“(a)
The College’s income and capital shall be applied in doing whatever the Council thinks will best accomplish the purposes it was established for; and
“(b)
The Council may from time to time, out of the income, create, maintain, or add to, a fund or funds for any one or more of the purposes for which it may be applied.
“(6)
Paragraph (b) of subsection (5) of this section does not limit the generality of paragraph (a) of that subsection.”
(2)
Section 4 of the Lincoln College Amendment Act 1966 is hereby consequentially repealed.
52 Fees
(1)
The principal Act is hereby amended by repealing section 46, and substituting the following sections:
“46a Fees for domestic students
“(1)
The Minister may, by notice in the Gazette, do all or any of the following:
“(a)
Fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any specified course, class, or programme at the University:
“(b)
Specify any course, class, or programme at the University whose tuition fees may be fixed independently:
“(c)
Require the Council to accept payments of tuition fees by instalment in circumstances specified in the notice:
“(d)
Require the Council to refund all or part of any tuition fees paid, in circumstances specified in the notice.
“(2)
Subject to subsection (4) of this section, no domestic student shall be or continue to be enrolled in a subject, course, or programme at the University unless there have been paid to the Council—
“(a)
Where a tuition fee for the subject, course, or programme has been fixed under subsection (1)(a) of this section, that fee:
“(b)
Where there has been specified under subsection (1)(a) of this section a means by which a tuition fee for the subject, course, or programme may be calculated or ascertained, a fee calculated or ascertained accordingly:
“(c)
Where the course, class, or programme has been specified under subsection (1)(b) of this section, the tuition fee (if any) fixed by the Council:
“(d)
Subject to paragraphs (a) to (c) of this subsection, a tuition fee for the subject, course, or programme agreed by the Council and the Minister,—
and all other fees (if any) prescribed by the Council.
“(3)
The Council and the Minister may agree a zero fee under subsection (2) of this section.
“(4)
The Minister may, by notice in the Gazette, exempt people of any class or description from the payment of all or a specified portion of the fees that they would otherwise be required by subsection (2) of this section to pay.
“(5)
The Council shall comply with every requirement under paragraph (c) or paragraph (d) of subsection (1) of this section contained in a notice under that subsection that is for the time being in force.
“46b Fees for foreign students
“(1)
The Council shall take all reasonable steps to ensure that no person is enrolled at the College until it has established whether the person is a domestic student or a foreign student.
“(2)
The Minister may, by notice in the Gazette, exempt foreign students of a particular class or description from the payment of all or a specified proportion of fees specified in the notice that would otherwise be required by subsection (3) of this section.
“(3)
Subject to subsection (2) of this section, no foreign student shall be or continue to be enrolled in any subject, course, or programme at the College unless there have been paid to the Council—
“(a)
An amount fixed by the Council that is not less than the sum of—
“(i)
The Council’s best estimate of the cost to the Council (including the appropriate proportion of the Council’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student; and
“(ii)
An amount that is in the Council’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the Council’s capital facilities; and
“(b)
All fees (if any) prescribed by the Council.
“(4)
Where a foreign student has after the 31st day of December 1989 received tuition in a subject, course, or programme at the College without paying the full amount required by subsection (3)(a) of this section in respect of the subject, course, or programme, the Council may, in any Court of competent jurisdiction, recover the underpayment from the student, as a debt due to the Council.
“(5)
In any year, the amount of any grant for the College may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (3)(a) of this section in respect of a subject, course, or programme at the College in which a foreign student was enrolled has not been paid to the Council, the student’s education has been subsidised by money appropriated by Parliament.
“(6)
No grant shall be reduced under subsection (5) of this section unless the Secretary has given the Council written notice of the circumstances taken into account when the proposed reduction was decided on.
“(7)
Where the Council disputes that a grant should be reduced under subsection (5) of this section, or disputes the amount by which it should so be reduced, the following provisions shall apply:
“(a)
The Council may, within 28 days of getting notice from the Secretary under subsection (6) of this section, by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:
“(b)
If, within 14 days of getting the Council’s notice, the Secretary has agreed an arbitrator with the Council, the agreed arbitrator shall settle the dispute:
“(c)
If, within 14 days of getting the Council’s notice, the Secretary has not agreed an arbitrator with the Council, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the Council shall settle the dispute:
“(d)
The arbitrator’s decision is final.
“(8)
The Council shall—
“(a)
When a foreign student enrols, or resumes attendance, at the University, give the Secretary written notice (to the best of the Council’s knowledge) of the student’s name, nationality, and course:
“(b)
When a foreign student ceases to be enrolled at, or ceases to attend, the University, notify the Secretary in writing:
“(c)
Comply with all accounting requirements relating to foreign students enrolled at Universities contained in any notice published by the Minister in the Gazette that is for the time being in force.”
(2)
Section 2 of the principal Act is hereby consequentially amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Assisted student’ means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government:
“‘Domestic student’ means a person who is not a foreign student:
“‘Exempt student’ means a foreign student who—
“(a)
Is in New Zealand to study under an exchange programme approved by the New Zealand Government; or
“(b)
Is for the time being exempted under section 34b(2) of this Act:
“‘Foreign student’ means a person who is not a New Zealand citizen, and is—
“(a)
A person to whom section 7 of the Immigration Act 1987 applies; or
“(b)
A person obliged by or pursuant to that Act or any other enactment to leave New Zealand immediately or within a specified time; or
“(c)
Deemed for the purposes of that Act to be in New Zealand illegally:
“‘Minister’ means the Minister of the Crown for the time being responsible for the administration of this Act:
“‘Secretary’ means the chief executive of the Ministry of Education:”.
(3)
Section 2 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
In the absence of proof to the contrary,—
“(a)
A certificate signed by the chief executive of the Ministry of External Relations and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or
“(b)
A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.”
53 Universities Act 1961 amended
Section 13, and paragraphs (e) and (f) of section 11(1) of the Universities Act 1961 are hereby repealed.
54 Court of Convocation elections
(1)
Notwithstanding anything in any enactment to the contrary, but subject to subsection (2) of this section, where the term of appointment on the Council of the University of Waikato, Lincoln University, or the University of Otago of any member elected by the Court of Convocation would otherwise expire after the commencement of this Act and before the 1st day of July 1990, that term shall expire on that day.
(2)
Nothing in subsection (1) of this section prevents the vacation of any person’s office as a member of a University Council by reason other than the expiration of the member’s term of office; but in that case the vacancy shall not be filled.
This Act is administered in the Ministry of Education.
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Versions
Education Amendment Act 1989
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