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  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).

Use of certain terms in name or description of registered establishment or wananga

Heading: replaced, on 30 March 2018, by section 33 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

253C Minister may consent to use of certain terms in name or description of registered establishment or wananga

(1)

[Repealed]

(2)

A registered establishment may apply to the Minister for consent to describe itself using the term university or college of education.

(2A)

A wananga may apply to the Minister for consent to describe itself using the term university or college of education.

(3)

Before deciding whether to grant consent under subsection (2) or (2A), the Minister must—

(a)

take into account the characteristics of institutions as described in section 162(4); and

(b)

receive advice on the application from the Authority and from the Commission; and

(c)

be satisfied that consenting to the application is in the interests of the tertiary education system and the nation as a whole; and

(d)

consult with the institutions, organisations representing institutions, and other relevant bodies that the Minister considers appropriate; and

(e)

in the case of a wananga, consult with such persons or bodies who are knowledgeable in āhuatanga Māori (Māori tradition) and tikanga Māori (Māori custom) within a kaupapa Māori pedagogy as the Minister considers appropriate.

(4)

[Repealed]

(5)

The Minister may grant consent under subsection (2) or (2A) subject to conditions that the Minister considers reasonably necessary to—

(a)

ensure that students, employers, and members of the public are adequately informed of the legal status or characteristics of the registered establishment or wananga to which the consent is granted; and

(b)

ensure adequate protection of the quality and reputation of the institutions that may use the term without applying to do so; and

(c)

protect the interests of the tertiary education system and the nation as a whole.

(5A)

The Minister may, at any time, carry out a review of a registered establishment or wananga to assess whether it is continuing to comply with any conditions subject to which it was granted consent under subsection (2) or (2A).

(6)

If, having regard to a review carried out under subsection (5A), the Minister is not satisfied that a registered establishment or wananga is continuing to comply with the conditions subject to which it was granted consent under subsection (2) or (2A), the Minister may—

(a)

withdraw the consent; or

(b)

suspend the consent for a specified period, at the expiry of which the Minister must either lift the suspension or withdraw the consent.

Compare: 1989 No 80 s 264A

Section 253C: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).

Section 253C heading: replaced, on 30 March 2018, by section 34(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(1): repealed, on 30 March 2018, by section 34(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(2): replaced, on 30 March 2018, by section 34(3) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(2): amended, on 1 April 2020, by section 63(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 253C(2A): inserted, on 30 March 2018, by section 34(3) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(2A): amended, on 1 April 2020, by section 63(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 253C(3): amended, on 30 March 2018, by section 34(4) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(3)(b): amended, on 30 March 2018, by section 34(5) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(3)(d): amended, on 30 March 2018, by section 34(6) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(3)(e): inserted, on 30 March 2018, by section 34(7) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(4): repealed, on 1 April 2020, by section 63(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 253C(5): replaced, on 30 March 2018, by section 34(8) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(5A): inserted, on 30 March 2018, by section 34(8) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(6): amended, on 30 March 2018, by section 34(9) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(6): amended, on 30 March 2018, by section 34(10) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 253C(6): amended, on 30 March 2018, by section 34(11) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).