Education Act 1989

Before its repeal, this Act was administered by: Ministry of Education
  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
162 Establishment of institutions

(1)

Upon the commencement of this section, this Act has effect as if—

(a)

each body specified in Part 1 of Schedule 13 was established as a university under subsection (2); and

(b)

each body specified in Part 2 of that schedule was established as a college of education under subsection (2),—

(c)
[Repealed]

and a reference in any other Act to an institution established under this Act shall be read as including a reference to a body referred to in paragraph (a), paragraph (b), or paragraph (c).

(2)

Subject to subsections (3) to (5), the Governor-General may, by Order in Council made on the written recommendation of the Minister, establish a body as a college of education, a specialist college, a university, or a wananga, as the Governor-General considers appropriate.

(3)

Before deciding whether or not to recommend to the Governor-General the making of an Order in Council under subsection (2), the Minister shall—

(a)

give the Qualifications Authority a reasonable period in which to give advice to the Minister on the matter and consider any advice so given; and

(ab)

satisfy himself or herself that the establishment of the institution is in the interests of the tertiary education system and the nation as a whole; and

(b)

consult with such institutions, organisations representing institutions, and other relevant bodies, as the Minister considers appropriate.

(4)

In recommending to the Governor-General under subsection (2) that a body should be established as a college of education, a specialist college, a university, or a wananga, the Minister shall take into account—

(a)

that universities have all the following characteristics and other tertiary institutions have 1 or more of those characteristics:

(i)

they are primarily concerned with more advanced learning, the principal aim being to develop intellectual independence:

(ii)

their research and teaching are closely interdependent and most of their teaching is done by people who are active in advancing knowledge:

(iii)

they meet international standards of research and teaching:

(iv)

they are a repository of knowledge and expertise:

(v)

they accept a role as critic and conscience of society; and

(b)

that—

(i)

a college of education is characterised by teaching and research required for the pre-school, compulsory and post-compulsory sectors of education, and for associated social and educational service roles:

(ii)
[Repealed]

(iia)

a specialist college is characterised by teaching and (if relevant) research of a specialist nature that maintains, enhances, disseminates, and assists in the application of knowledge and expertise:

(iii)

a university is characterised by a wide diversity of teaching and research, especially at a higher level, that maintains, advances, disseminates, and assists the application of, knowledge, develops intellectual independence, and promotes community learning:

(iv)

a wananga is characterised by teaching and research that maintains, advances, and disseminates knowledge and develops intellectual independence, and assists the application of knowledge regarding ahuatanga Maori (Maori tradition) according to tikanga Maori (Maori custom).

(5)

In the case of a college of education, specialist college, or wananga, the Minister may, on the recommendation of its council, change the name of the college of education, specialist college, or wananga by notice published in the Gazette.

(6)

In the case of a university, its name may be changed if the procedure set out in subsections (7) to (9) is followed.

(7)

The university must give written notice to the Minister of the proposed name change.

(8)

If notice is given, the Minister must present the proposal to the House of Representatives.

(9)

If the House of Representatives, by resolution, accepts the proposed name change, the Minister must change the name of the university by notice published in the Gazette.

(10)

Subsection (5) does not apply to NZIST (for which section 222A(2) provides).

Section 162: inserted, on 23 July 1990, by section 36 of the Education Amendment Act 1990 (1990 No 60).

Section 162(1)(c): repealed, on 1 April 2020, by section 17(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 162(2): amended, on 1 April 2020, by section 17(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 162(2): amended, on 1 January 2003, by section 10(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 162(3)(ab): inserted, on 1 January 2003, by section 10(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 162(4): amended, on 1 April 2020, by section 17(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 162(4): amended, on 1 January 2003, by section 10(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 162(4)(b)(ii): repealed, on 1 April 2020, by section 17(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 162(4)(b)(iia): inserted, on 1 January 2003, by section 10(4) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 162(5): replaced, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).

Section 162(5): amended, on 1 April 2020, by section 17(4) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 162(6): inserted, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).

Section 162(7): inserted, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).

Section 162(8): inserted, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).

Section 162(9): inserted, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).

Section 162(10): inserted, on 1 April 2020, by section 17(5) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).