Education (Tertiary Reform) Amendment Act 2002

  • repealed
  • Education (Tertiary Reform) Amendment Act 2002: repealed, on 1 August 2020, pursuant to section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).

Reprint as at 1 August 2020

Education (Tertiary Reform) Amendment Act 2002

Public Act
2002 No 50
Date of assent
11 December 2002

Education (Tertiary Reform) Amendment Act 2002: repealed, on 1 August 2020, pursuant to section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).


Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint. See the notes at the end of this reprint for further details.

This Act is administered by the Ministry of Education.


5Heading to Part XIII amended
6New section 159AAA inserted
159AAAObject of provisions relating to tertiary education
8New sections 159AA to 159AF inserted
159AATertiary education strategy
159ABImportance of tertiary education strategy
159ACStatement of tertiary education priorities
159ADRoles within tertiary education sector
159AEMinistry may hold and disseminate information
159AFSecretary may delegate certain powers and functions to Commission
9New Part 13A inserted
159APurpose of Part
159BDefinition of organisation
159CEstablishment of Commission
159DComposition of Commission
159EPowers of Commission
159FFunctions of Commission
159GPrinciples guiding how Commission operates
159HMinister may review performance of Commission
159IDelegation of functions or powers of Minister
159JMinister may direct Commission
159KApplication of Commerce Act 1986
159LWhat is a charter?
159MContent of charters, and assessment criteria
159NOrganisations that must or may have a charter
159OPreparing charters
159PMinister’s approval of charters
159QMinister’s special powers in relation to charters of institutions
159RMinister may approve interim charters for institutions
159SAmendments to, and review of, charters
159TExpiry of charters
159UCharter may lapse if organisation does not receive funding
159VCharters must be available
159WWhat is a profile?
159XContent of profiles and criteria for approval
159YOrganisations that must have a profile
159ZProfiles must be publicly available
159ZAMinister must determine design of funding mechanisms
159ZBApproval of profiles for funding purposes
159ZCPayment of funding
159ZDConditions on funding
159ZEAccountability for funding received under section 159ZC
159ZFCommission may suspend funding
10Establishment of institutions
11Disestablishment of institutions
13Functions of Councils
14New section 184A inserted
184AInterim arrangements for charters
15Heading and sections 184 to 191 repealed
16New heading and section 191A inserted
191AEach institution to have a profile
17Heading and section 199 repealed
18New section 201A inserted
201AHow institutions may use income and capital
19Application of Public Finance Act 1989
20Fees for domestic students
21New section 232 substituted
232Courses for foreign students to be quality assured unless exempt
22Grant or refusal of application
23New section 236AA inserted
236AAConditions on registration
24New section 236C inserted
236CFees for domestic students must not exceed maximums set in conditions of funding
25New section 237 substituted
237Cancellation of registration
26Section 238A repealed
27Heading to Part 18A amended
29Signatories to code may enrol persons as international students
30New sections 238H and 238I substituted
238HExport education levy
238IPurpose and administration of export education levy
31Money for annual fee to transfer into export education levy account
32Functions of Committee
33Functions of Authority
34New section 255A inserted
255ACompliance notices
35Approval of courses
36New section 258A inserted
258AConditions on course approvals
37Accreditation to provide approved courses
38New section 259A inserted
259AConditions on accreditation to provide approved courses
39Exercise of certain powers of Authority
40Minister may consent to registered establishments using certain terms in their names
41Part XXI and Sixteenth Schedule repealed
43Grants to other education services
44Recognised bodies to keep accounts
45Repeal of Part XXIII
47New Schedule 13A inserted
49Skill New Zealand absorbed into Commission
50Final report and accounts
51Transfers of contracts and leases do not give rise to claims
52Effect of absorption of Skill New Zealand into Commission
53Transfer of employees of Skill New Zealand
54Transfer of employees of Ministry
55Transfer does not break continuity of employment
56Protection of terms and conditions for transferred employees
57No compensation for technical redundancy
58Chief executive may be called General Manager
59Consequential amendments
Reprint notes

The Parliament of New Zealand enacts as follows: