Education (Vocational Education and Training Reform) Amendment Act 2020

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Coat of Arms of New Zealand

Education (Vocational Education and Training Reform) Amendment Act 2020

Public Act
 
2020 No 1
Date of assent
 
24 February 2020
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
Part 1
Substantive amendments to principal Act
4Section 2 amended (Interpretation)
5Section 31B amended (Provider group for secondary-tertiary programme)
6Section 31F amended (Recognition as lead provider of secondary-tertiary programme)
7Section 159 amended (Interpretation)
8Section 159B amended (Definition of organisation)
9Section 159F amended (Functions of Commission)
10New sections 159FA to 159FC inserted
159FADuties of Commission in relation to workforce development council
159FBPower of Commission to require information from workforce development council
159FCPower of Commission to audit workforce development council
11Section 159G amended (Principles guiding how Commission operates)
12New section 159KBB inserted (Additional requirement of NZIST’s council to provide information)
159KBBAdditional requirement of NZIST’s council to provide information
13Section 159L amended (Minister determines design of funding mechanisms)
14Section 159M amended (Restrictions on design of funding mechanisms)
15Section 159OA amended (Variation of determination of design of funding mechanisms)
16Section 161 amended (Academic freedom)
17Section 162 amended (Establishment of institutions)
18Section 163 amended (Constitution of institutions)
19Section 164 amended (Disestablishment of institutions)
20Section 165 replaced (Institutions to be governed by councils)
165Institutions to be governed by councils
21Section 166 amended (Incorporation)
22Section 167 amended (Common seal)
23Section 167A amended (Method of contracting)
24Section 169 amended (Constitutions of councils of new institutions)
25Section 170 amended (Amendment of constitution)
26Section 170A amended (Constitution to provide for membership of council)
27Section 171 amended (Membership of council)
28Section 171A amended (Certain people disqualified from appointment)
29Section 171B amended (Matters to be considered when appointing members)
30Section 171C amended (Statutes relating to appointment of members by councils of institutions)
31Section 171D amended (Limitations on number of occasions on which people may be appointed as members of councils)
32Section 171F amended (Certain acts and proceedings not invalidated by defects)
33Section 173 amended (Term of office)
34Section 174 amended (Vacation of office)
35Section 176 amended (Casual vacancies)
36Section 176A amended (Individual duties of members of councils)
37Section 176B amended (Accountability for individual duties)
38Section 176C amended (Removal of members)
39Section 177 amended (Chairperson and deputy chairperson)
40Section 179 amended (Fees and allowances)
41Section 181 amended (Duties of councils)
42Section 182 amended (Determination of policy)
43Section 193 amended (Powers of councils)
44Section 194 amended (Statutes)
45Section 195 replaced (Trust property)
195Trust property
46Section 195A amended (Criteria for risk assessment of institutions)
47Section 195B amended (Institutions to provide information if required)
48Section 195C amended (Minister may appoint Crown observer)
49Section 195D amended (Minister may dissolve council and appoint commissioner)
50Section 200 amended (Bank accounts)
51Section 203 amended (Institutions are Crown entities)
52Section 222 amended (Delegation by council)
53Part 15A replaced
Part 15A
New Zealand Institute of Skills and Technology
222ANZIST established
222BFunctions of NZIST
222CNZIST’s charter
222DMinister may specify administrative regions for NZIST
222EAcademic freedom of NZIST
222FNZIST must establish regional divisions
NZIST’s council
222GMembership of NZIST’s council
222HMatters to be considered when Minister appoints members to NZIST’s council
222IChairperson and deputy chairperson
222JTerm of office
Additional provisions applying to NZIST’s council and NZIST subsidiaries
222KDetermination of policy
222LNZIST’s council must establish advisory committees
222MMembership of advisory committees
222NNZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
222ONZIST subsidiary must obtain consent before exercising powers under section 192(4)
Interventions
222PCriteria for risk assessment of NZIST and related entities
222QNZIST or related entity must provide information if required
222RMinister may appoint Crown observer
222SSpecialist help
222TPerformance improvement plan
222UMinister may appoint Crown manager
222VProtection of Crown manager
222WPowers may be used concurrently
222XMinister may dissolve NZIST’s council and appoint commissioner
222YNZIST’s council may request intervention
Application of Crown Entities Act 2004 to NZIST’s council
222ZAdditional provisions of Crown Entities Act 2004 that apply to NZIST’s council
Further provisions relating to NZIST subsidiaries
222ZAFormation of NZIST subsidiaries
222ZBApplication of Schedule 23
54Section 223 amended (Programmes)
55Section 234A amended (Fees for domestic students must not exceed maximums set in conditions of funding)
56Section 246A amended (Functions of Authority)
57Section 248B amended (Standard-setting bodies)
58Section 249 amended (Approval of programmes)
59Section 250 amended (Accreditation to provide approved programmes)
60Section 251 amended (Application for training scheme approval)
61Section 252 amended (Consent to assess against standards)
62Section 253 amended (Rules)
63Section 253C amended (Minister may consent to use of certain terms in name or description of registered establishment or wananga)
64Section 254 amended (Fees)
65Section 254A amended (Power to obtain information)
66Section 255 amended (Compliance notices)
67Section 292 amended (Offences relating to use of certain terms)
68Section 299A repealed (Transitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act 2015)
69Section 321 amended (Grant to educational bodies)
70New Part 34 inserted
Part 34
Vocational education and training
477Interpretation
478Training agreements and apprenticeship training agreements part of employment agreement
Subpart 1—Workforce development councils
479Establishment of workforce development councils
480Disestablishment of workforce development councils
481Incorporation
482Functions of workforce development councils
483Workforce development council’s functions in relation to wananga
484Workforce development council must not operate registered establishment
485Duties of workforce development councils
486Annual fee payable by workforce development council
487Qualifications Authority may issue quality assurance improvement notice
488Qualifications Authority may issue compliance notice
Audit
489Application of Public Audit Act 2001
Validity of acts
490Act in breach of statute invalid
491Some natural person acts protected
Subpart 2—Apprenticeships
492Interpretation
493Apprenticeship training activities must be included in proposed plan
494 Duties of persons carrying out apprenticeship training activities
495Minister may issue apprenticeship training code
496Availability of apprenticeship training code
497Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
498Application of Legislation Act 2012 to apprenticeship training code
Subpart 3—Training levy
499Interpretation
500Purpose of levy
Imposition of levy
501Levy may be imposed by Order in Council
502Restrictions on making of levy orders
503Matters to be specified in levy orders
504Purposes for which levy may be required
505Levy order may require provision of information
506Orders are confirmable instruments
507Expiry of levy orders
Ballots
508Independent returning officer must conduct ballot
509Workforce development council must identify potential members of levy group
510Returning officer must notify potential members of levy group
511Commission must resolve coverage disputes
512Population to be balloted
513Requirements of ballot papers
514Returning officer must count votes
515Returning officer must keep ballot papers, etc
Collection of levy
516Levy is payable by qualifying members to workforce development council
517Certificate of exemption
518Method of collecting levy
519Levy order may provide for collection by agent
Duties of workforce development councils and others in relation to levies
520Levy funds must be kept in separate bank accounts and used only for authorised purposes
521Duty to keep records
522Duty to provide annual report
523Duty to protect commercially sensitive information
Disputes
524Arbitration or mediation system must be established
525Disputes about coverage
526Appeals to District Court
71Schedule 1 amended
72Schedule 13A amended
Part 1
Provisions relating to all tertiary education institutions
73Schedule 19 repealed
74New Schedules 22 to 25 inserted
Part 2
Repeals, revocations, and other amendments
75Repeal of Industry Training and Apprenticeships Act 1992
76Repeal of Education (Polytechnics) Amendment Act 2009
77Orders revoked
78Consequential amendments to other enactments
Schedule 1
New Part 10 inserted into Schedule 1
Schedule 2
New Part 2 inserted into Schedule 13A
Schedule 3
New Schedule 22 inserted
Schedule 4
New Schedule 23 inserted
Schedule 5
New Schedule 24 inserted
Schedule 6
New Schedule 25 inserted
Schedule 7
Consequential amendments to other enactments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: