Education Act 1989

  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
159 Interpretation

(1)

In this Part and Part 13A to Part 24, and in Schedules 13 to 17, unless the context otherwise requires,—

academic year means a period of 12 months commencing on 1 January

accreditation means an accreditation granted by the Qualifications Authority under section 250

approved programme means a programme approved by the Qualifications Authority under section 249

approved programme or training scheme means an approved programme or approved training scheme

approved training scheme means a training scheme approved by the Qualifications Authority under section 251

award means—

(a)

a certificate, diploma, degree, or other qualification that is listed on the Qualifications Framework; or

(b)

a certificate or other document granted in recognition of a student’s achievement and completion of a training scheme; or

(c)

a certificate granted in recognition of a student’s achievement in scholarship examinations at secondary education

chief executive, in relation to an institution, means the person who, by whatever name the person is called, is the chief executive of the institution and includes a person for the time being performing the duties of the chief executive of the institution

college of education means, subject to subsection (3), a body referred to in section 162(1)(b) or a body established as a college of education under section 162(2)

Commission means the Tertiary Education Commission established under section 159C

community tertiary education provider means a registered establishment that has been recognised by the Minister under section 232AA

constituents, in relation to an institution, means the people who (by virtue of section 163) constitute it

council,—

(a)

in relation to an institution other than NZIST, means the body that governs the institution in accordance with section 165:

(b)

in relation to NZIST, means NZIST’s council members appointed under section 222G

domestic student, at any time, means a person who is then—

(a)

a New Zealand citizen; or

(b)

the holder of a residence class visa granted under the Immigration Act 2009 who satisfies the criteria (if any) prescribed by regulations made under subsection (4); or

(c)

a person of a class or description of persons required by the Minister, by notice in the Gazette, to be treated as if they are not international students

educational outcome means a credit, grade, mark, or other measure of student achievement that contributes towards the student gaining—

(a)

a qualification listed on the Qualifications Framework; or

(b)

an award that recognises the successful completion of a training scheme; or

(c)

recognition for successfully meeting the learning outcomes of a standard listed on the Directory of Assessment Standards

enrol includes admit and enrolment and enrolled have corresponding meanings

equivalent full-time student formula means the formula of that name that is based on the student workload that would normally be carried out by a full-time student in a single academic year

existing institution means a body specified in Part 1 or 2 of Schedule 13

existing non-university institution means an existing institution other than a body specified in Part 1 of Schedule 13

functions, except where the expression occurs in a provision setting out the functions of a body, includes duties

funding approval means a decision made by the Commission under section 159YA to fund (in whole or in part) some or all of the tertiary education programmes and activities described in an organisation’s proposed plan under section 159P(d)(i) and (ii)

give public notice means to publish a notice in the Gazette that—

(a)

gives notice of the fact that something has been made, approved, or done; and

(b)

includes information about how or where the public can see and obtain a copy of the thing that has been made, approved, or done

government training establishment means any establishment that is—

(a)

a Crown entity (within the meaning of section 10 of the Crown Entities Act 2004) for the time being approved by the Minister for the purposes of this definition; or

(b)

a department (within the meaning of the Public Finance Act 1989) for the time being approved by the Minister for the purposes of this definition; or

(c)

the New Zealand Defence Force constituted by section 11(1) of the Defence Act 1990; or

(d)

the New Zealand Police

grant, in relation to an award, includes confer and issue

institution means—

(a)

a college of education; or

(b)

NZIST (including, as the case requires, its subsidiaries that provide education or training, or both); or

(ba)

a specialist college; or

(c)

a university; or

(d)

a wananga

international student has the meaning given in section 2(1)

land includes any legal or equitable estate or interest in, or right, power or privilege over, or in connection with, land

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

New Zealand Institute of Skills and Technology or NZIST means the New Zealand Institute of Skills and Technology established by section 222A

NZIST subsidiary means a Crown entity subsidiary of NZIST

permanent member, in relation to the teaching or general staff of an institution, means a member of the staff who—

(a)

is employed, on either a full-time or part-time basis, for a period ending, unless sooner terminated, on his or her resignation or retirement; or

(b)

has been employed, on either a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for at least 3 months; or

(c)

has been employed, on either a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for less than 3 months and whose employment is, in the opinion of the chief executive of the institution, likely to continue for at least 3 months from the date of commencement of that employment

personal property includes money

plan means a plan in relation to which funding approval has been given

private training establishment means an establishment, other than an institution, that provides post-school education or training, including vocational education and training

proceeding means any legal or administrative proceeding, and includes an arbitration

programme, in relation to an institution within the meaning of section 249(1), means a programme of study or training leading to a qualification listed on the Qualifications Framework

proposed plan means a proposed plan in relation to which an organisation is seeking funding approval

Qualifications Authority means the New Zealand Qualifications Authority established by Part 20

Qualifications Framework means the framework referred to in section 248

record of achievement means a record of a student’s educational outcomes maintained by the Qualifications Authority or a tertiary education provider

Regional Employment and Access Council means a council of that name established under section 7 of the Access Training Scheme Act 1988

registered establishment means a private training establishment that has been granted registration by the Qualifications Authority under Part 18, other than a registration that has been cancelled

Secretary means the chief executive of the Ministry

specialist college means, subject to subsection (3), a body established as a specialist college under section 162(2)

staff, in relation to an institution, does not include the chief executive of the institution

student member, in relation to the council of an institution, means a member of that council referred to in section 171(2)(e)

tertiary education provider means all or any of the following:

(a)

an institution:

(b)

a registered establishment:

(c)

a government training establishment:

(d)

any other person or body that provides, or proposes to provide, tertiary education and that is funded through non-departmental output classes from Vote Education

tertiary education strategy means the latest strategy document issued under section 159AA

trainee—

(a)

means an employee who has a training agreement; and

(b)

includes an apprentice as defined in section 492

training agreement means an agreement between an employer and an employee that relates to the employee’s receipt of, or provides for the employee to receive, vocational education and training (whether provided by the employer or some other person)

training scheme means study or training that—

(a)

leads to an award; but

(b)

does not, of itself, lead to an award of a qualification listed on the Qualifications Framework

university means, subject to subsection (3), a body referred to in section 162(1)(a) or a body established as a university under section 162(2)

University Grants Committee means the University Grants Committee established under Part 1 of the Universities Act 1961

Vice-Chancellor, in relation to a university, means the chief executive of the university, by whatever name called

Vice-Chancellors Committee means the New Zealand Vice-Chancellors Committee established by Part 19

vocational education and training—

(a)

means education and training that leads to the achievement of industry-developed skill standards, qualifications, or other awards; and

(b)

includes work-based training

wananga means, subject to subsection (3), a body established as a wananga under section 162(2)

work-based training has the same meaning as in section 477

workforce development council means a workforce development council established under section 479.

(2)

In the absence of proof to the contrary,—

(a)

a certificate signed by the chief executive of the Ministry of Foreign Affairs 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 the definitions of assisted student and exempt student in subsection (1), 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.

(3)

The definitions of the terms college of education, specialist college, university and wananga do not apply for the purposes of subsections (1), (2), and (4) of section 162.

(4)

The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence class visa granted under the Immigration Act 2009 must satisfy in order to fulfil the requirements of paragraph (b) of the definition of domestic student in subsection (1).

(5)

The explanatory note of regulations made under subsection (4) must indicate that—

(a)

they are a confirmable instrument under section 47B of the Legislation Act 2012; and

(b)

they are revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and

(c)

the stated time is the applicable deadline under section 47C(1)(a) or (b) of that Act.

(6)

[Repealed]

Section 159: inserted, on 23 July 1990, by section 35 of the Education Amendment Act 1990 (1990 No 60).

Section 159(1): amended, on 1 January 2003, by section 7(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(1) accreditation: replaced, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) approval: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) approved nationally recognised course: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) approved programme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) approved programme or training scheme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) approved training scheme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) assisted student: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) association: repealed, on 1 January 2003, by section 7(5) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(1) association of students: repealed, on 8 July 2000, by section 26(6) of the Education Amendment Act 2000 (2000 No 21).

Section 159(1) award: replaced, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) charter: repealed, on 1 January 2008, by section 6(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

Section 159(1) Chief Review Officer: repealed, on 25 June 1993, by section 26(1) of the Education Amendment Act 1993 (1993 No 51).

Section 159(1) combined council: repealed, on 1 April 2020, by section 7(7)(a) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) Commission: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(1) community tertiary education provider: inserted, on 30 March 2018, by section 9(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 159(1) constituents: inserted, on 18 December 2009, by section 4 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).

Section 159(1) council: replaced, on 1 April 2020, by section 7(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) course of study or training: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) designated polytechnic: repealed, on 1 April 2020, by section 7(7)(b) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) domestic student: replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 159(1) domestic student: amended, on 30 August 2011, by section 17(3) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) educational outcome: inserted, on 30 March 2018, by section 9(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 159(1) exempt student: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) existing institution: replaced, on 1 April 2020, by section 7(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) foreign student: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) funding approval: inserted, on 1 January 2008, by section 6(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

Section 159(1) give public notice: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(1) government training establishment: replaced, on 25 June 1993, by section 13(1) of the Education Amendment Act 1993 (1993 No 51).

Section 159(1) government training establishment paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 159(1) industry training organisation: repealed, on 1 April 2020, by section 7(7)(c) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) institution paragraph (b): replaced, on 1 April 2020, by section 7(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) institution paragraph (ba): inserted, on 1 January 2003, by section 7(4) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(1) international student: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) Minister: replaced, on 1 January 1992, by section 2(5) of the Education Amendment Act No (4) 1991 (1991 No 136).

Section 159(1) Ministry: replaced, on 1 January 1992, by section 2(5) of the Education Amendment Act No (4) 1991 (1991 No 136).

Section 159(1) nationally recognised award: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) New Zealand apprenticeship committee: repealed, on 20 May 2010, by section 44 of the Education Amendment Act 2010 (2010 No 25).

Section 159(1) New Zealand Institute of Skills and Technology or NZIST: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) NZIST subsidiary: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No  1).

Section 159(1) permanent member: inserted, on 24 October 2018, by section 12 of the Education Amendment Act 2018 (2018 No 40).

Section 159(1) plan: inserted, on 1 January 2008, by section 6(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

Section 159(1) polytechnic: repealed, on 1 April 2020, by section 7(7)(d) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) polytechnic council: repealed, on 1 April 2020, by section 7(7)(e) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) private training establishment: replaced, on 1 April 2020, by section 7(4) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) profile: repealed, on 1 January 2008, by section 6(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

Section 159(1) programme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) proposed plan: inserted, on 1 January 2008, by section 6(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

Section 159(1) Qualifications Framework: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) reconstitution day: repealed, on 1 April 2020, by section 7(7)(f) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) record of achievement: replaced, on 1 April 2020, by section 7(5) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) specialist college: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(1) statement of tertiary education priorities: repealed, on 1 January 2008, by section 6(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

Section 159(1) tertiary education provider: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(1) tertiary education provider: amended, on 1 April 2020, by section 7(6) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) tertiary education provider paragraph (d): amended, on 30 March 2018, by section 9(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 159(1) tertiary education strategy: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(1) tertiary education strategy: amended, on 1 January 2008, by section 6(3) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).

Section 159(1) trainee: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) training agreement: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) training scheme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).

Section 159(1) vocational education and training: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) work-based training: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(1) workforce development council: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(2)(a): amended, on 1 July 1993, pursuant to section 9(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

Section 159(3): amended, on 1 April 2020, by section 7(9) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 159(3): amended, on 1 January 2003, by section 7(6) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(4): inserted, on 1 January 2003, by section 7(7) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 159(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 159(5): replaced, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 159(6): repealed, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).