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  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).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

(1)

The council of an institution has all powers reasonably necessary to enable it to perform its functions efficiently and effectively.

(2)

Except where they are exercised by delegation under this Act, the following powers of an institution shall be exercised only by the institution’s council:

(a)

to provide courses of study or training, admit students (including provisionally and ad eundem statum) and grant awards:

(b)

to grant fellowships, scholarships, bursaries, or prizes:

(c)

to authorise the making of grants or loans out of the money of the institution to the chief executive, to members of the staff or students of the institution, or to any association of staff or students, on such terms and conditions as the council thinks fit and guarantee loans made by other persons to the chief executive or members of the staff of the institution for housing purposes:

(d)

to accept gifts, devises, and bequests made to the institution, whether on trust or otherwise:

(e)

to agree to the disestablishment of the institution and its incorporation in another institution of the same class or a different class:

(ea)

to agree to the incorporation in the institution of another institution or other institutions, whether of the same class as itself or a different class from itself:

(f)

to arrange for the manufacture of, and distribute (whether by way of sale or otherwise), any article or thing bearing a mark, symbol or writing that is associated with the institution:

(g)

to arrange for the provision of (whether by sale or otherwise) goods and services to staff or students of the institution or other persons using, or otherwise attending at, facilities of the institution:

(h)

to prescribe fees payable by students of the institution or any of them:

(i)

to establish boards or other bodies within the institution to give advice to the council:

(j)

to do anything incidental to the exercise of any of the preceding powers.

(2A)

Subsection (2)(e) and (ea) does not apply to NZIST’s council.

(3)

The council of an institution has power to appoint committees consisting of such persons, whether or not members of the council, as the council determines to exercise such powers as are delegated to them under section 222 and such powers as are conferred on them by statutes made by the council, and to alter, discharge, and reconstitute committees so appointed.

Section 193: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).

Section 193(2)(e): replaced, on 23 May 1998, by section 5 of the Education Amendment Act 1998 (1998 No 21).

Section 193(2)(e): amended, on 1 April 2020, by section 43(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 193(2)(ea): inserted, on 23 May 1998, by section 5 of the Education Amendment Act 1998 (1998 No 21).

Section 193(2)(ea): amended, on 1 April 2020, by section 43(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 193(2A): inserted, on 1 April 2020, by section 43(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).