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Education (Vocational Education and Training Reform) Amendment Act 2020
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Ministry of Education
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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
1
Title
2
Commencement
3
Principal Act
Part 1
Substantive amendments to principal Act
4
Section 2 amended (Interpretation)
5
Section 31B amended (Provider group for secondary-tertiary programme)
6
Section 31F amended (Recognition as lead provider of secondary-tertiary programme)
7
Section 159 amended (Interpretation)
8
Section 159B amended (Definition of organisation)
9
Section 159F amended (Functions of Commission)
10
New sections 159FA to 159FC inserted
159FA
Duties of Commission in relation to workforce development council
159FB
Power of Commission to require information from workforce development council
159FC
Power of Commission to audit workforce development council
11
Section 159G amended (Principles guiding how Commission operates)
12
New section 159KBB inserted (Additional requirement of NZIST’s council to provide information)
159KBB
Additional requirement of NZIST’s council to provide information
13
Section 159L amended (Minister determines design of funding mechanisms)
14
Section 159M amended (Restrictions on design of funding mechanisms)
15
Section 159OA amended (Variation of determination of design of funding mechanisms)
16
Section 161 amended (Academic freedom)
17
Section 162 amended (Establishment of institutions)
18
Section 163 amended (Constitution of institutions)
19
Section 164 amended (Disestablishment of institutions)
20
Section 165 replaced (Institutions to be governed by councils)
165
Institutions to be governed by councils
21
Section 166 amended (Incorporation)
22
Section 167 amended (Common seal)
23
Section 167A amended (Method of contracting)
24
Section 169 amended (Constitutions of councils of new institutions)
25
Section 170 amended (Amendment of constitution)
26
Section 170A amended (Constitution to provide for membership of council)
27
Section 171 amended (Membership of council)
28
Section 171A amended (Certain people disqualified from appointment)
29
Section 171B amended (Matters to be considered when appointing members)
30
Section 171C amended (Statutes relating to appointment of members by councils of institutions)
31
Section 171D amended (Limitations on number of occasions on which people may be appointed as members of councils)
32
Section 171F amended (Certain acts and proceedings not invalidated by defects)
33
Section 173 amended (Term of office)
34
Section 174 amended (Vacation of office)
35
Section 176 amended (Casual vacancies)
36
Section 176A amended (Individual duties of members of councils)
37
Section 176B amended (Accountability for individual duties)
38
Section 176C amended (Removal of members)
39
Section 177 amended (Chairperson and deputy chairperson)
40
Section 179 amended (Fees and allowances)
41
Section 181 amended (Duties of councils)
42
Section 182 amended (Determination of policy)
43
Section 193 amended (Powers of councils)
44
Section 194 amended (Statutes)
45
Section 195 replaced (Trust property)
195
Trust property
46
Section 195A amended (Criteria for risk assessment of institutions)
47
Section 195B amended (Institutions to provide information if required)
48
Section 195C amended (Minister may appoint Crown observer)
49
Section 195D amended (Minister may dissolve council and appoint commissioner)
50
Section 200 amended (Bank accounts)
51
Section 203 amended (Institutions are Crown entities)
52
Section 222 amended (Delegation by council)
53
Part 15A replaced
Part 15A
New Zealand Institute of Skills and Technology
222A
NZIST established
222B
Functions of NZIST
222C
NZIST’s charter
222D
Minister may specify administrative regions for NZIST
222E
Academic freedom of NZIST
222F
NZIST must establish regional divisions
NZIST’s council
222G
Membership of NZIST’s council
222H
Matters to be considered when Minister appoints members to NZIST’s council
222I
Chairperson and deputy chairperson
222J
Term of office
Additional provisions applying to NZIST’s council and NZIST subsidiaries
222K
Determination of policy
222L
NZIST’s council must establish advisory committees
222M
Membership of advisory committees
222N
NZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
222O
NZIST subsidiary must obtain consent before exercising powers under section 192(4)
Interventions
222P
Criteria for risk assessment of NZIST and related entities
222Q
NZIST or related entity must provide information if required
222R
Minister may appoint Crown observer
222S
Specialist help
222T
Performance improvement plan
222U
Minister may appoint Crown manager
222V
Protection of Crown manager
222W
Powers may be used concurrently
222X
Minister may dissolve NZIST’s council and appoint commissioner
222Y
NZIST’s council may request intervention
Application of Crown Entities Act 2004 to NZIST’s council
222Z
Additional provisions of Crown Entities Act 2004 that apply to NZIST’s council
Further provisions relating to NZIST subsidiaries
222ZA
Formation of NZIST subsidiaries
222ZB
Application of Schedule 23
54
Section 223 amended (Programmes)
55
Section 234A amended (Fees for domestic students must not exceed maximums set in conditions of funding)
56
Section 246A amended (Functions of Authority)
57
Section 248B amended (Standard-setting bodies)
58
Section 249 amended (Approval of programmes)
59
Section 250 amended (Accreditation to provide approved programmes)
60
Section 251 amended (Application for training scheme approval)
61
Section 252 amended (Consent to assess against standards)
62
Section 253 amended (Rules)
63
Section 253C amended (Minister may consent to use of certain terms in name or description of registered establishment or wananga)
64
Section 254 amended (Fees)
65
Section 254A amended (Power to obtain information)
66
Section 255 amended (Compliance notices)
67
Section 292 amended (Offences relating to use of certain terms)
68
Section 299A repealed (Transitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act 2015)
69
Section 321 amended (Grant to educational bodies)
70
New Part 34 inserted
Part 34
Vocational education and training
477
Interpretation
478
Training agreements and apprenticeship training agreements part of employment agreement
Subpart 1—Workforce development councils
479
Establishment of workforce development councils
480
Disestablishment of workforce development councils
481
Incorporation
482
Functions of workforce development councils
483
Workforce development council’s functions in relation to wananga
484
Workforce development council must not operate registered establishment
485
Duties of workforce development councils
486
Annual fee payable by workforce development council
487
Qualifications Authority may issue quality assurance improvement notice
488
Qualifications Authority may issue compliance notice
Audit
489
Application of Public Audit Act 2001
Validity of acts
490
Act in breach of statute invalid
491
Some natural person acts protected
Subpart 2—Apprenticeships
492
Interpretation
493
Apprenticeship training activities must be included in proposed plan
494
Duties of persons carrying out apprenticeship training activities
495
Minister may issue apprenticeship training code
496
Availability of apprenticeship training code
497
Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
498
Application of Legislation Act 2012 to apprenticeship training code
Subpart 3—Training levy
499
Interpretation
500
Purpose of levy
Imposition of levy
501
Levy may be imposed by Order in Council
502
Restrictions on making of levy orders
503
Matters to be specified in levy orders
504
Purposes for which levy may be required
505
Levy order may require provision of information
506
Orders are confirmable instruments
507
Expiry of levy orders
Ballots
508
Independent returning officer must conduct ballot
509
Workforce development council must identify potential members of levy group
510
Returning officer must notify potential members of levy group
511
Commission must resolve coverage disputes
512
Population to be balloted
513
Requirements of ballot papers
514
Returning officer must count votes
515
Returning officer must keep ballot papers, etc
Collection of levy
516
Levy is payable by qualifying members to workforce development council
517
Certificate of exemption
518
Method of collecting levy
519
Levy order may provide for collection by agent
Duties of workforce development councils and others in relation to levies
520
Levy funds must be kept in separate bank accounts and used only for authorised purposes
521
Duty to keep records
522
Duty to provide annual report
523
Duty to protect commercially sensitive information
Disputes
524
Arbitration or mediation system must be established
525
Disputes about coverage
526
Appeals to District Court
71
Schedule 1 amended
72
Schedule 13A amended
Part 1
Provisions relating to all tertiary education institutions
73
Schedule 19 repealed
74
New Schedules 22 to 25 inserted
Part 2
Repeals, revocations, and other amendments
75
Repeal of Industry Training and Apprenticeships Act 1992
76
Repeal of Education (Polytechnics) Amendment Act 2009
77
Orders revoked
78
Consequential 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: