Rules

452 Rules

(1)

NZQA may make rules—

(a)

prescribing the process for, and the information required in, an application for—

(i)

registration of a private training establishment:

(ii)

approval of a programme:

(iii)

approval of a training scheme:

(iv)

accreditation:

(v)

consent to assess against standards:

(vi)

approval as a standard-setting body:

(vii)

the listing of a qualification on the Qualifications Framework:

(viii)

the listing of a standard on the Directory of Assessment Standards:

(b)

prescribing criteria that NZQA must apply when considering—

(i)

each class of application described in paragraph (a); and

(ii)

different kinds of application within each class:

(c)

prescribing requirements that the applicant must meet in order to maintain the registration, approval, accreditation, or consent granted by NZQA:

(d)

prescribing the amount of, or the method of determining, the annual registration fee required under section 349:

(e)

prescribing the requirements for the protection of student fees that must be met by a private training establishment, any person to whom section 355 applies, any agent or person purporting to act as an agent for a student or private training establishment, and any independent trustee:

(f)

prescribing matters relating to the general operation of the Qualifications Framework and the Directory of Assessment Standards:

(g)

prescribing the quality assurance requirements that must be met by providers of adult and community education:

(h)

prescribing the amount of, or the method of determining, the annual fee payable by a workforce development council and when and how that fee is payable:

(i)

prescribing quality assurance requirements for workforce development councils, including (without limitation) requirements relating to the performance of the relevant functions of workforce development councils:

(j)

prescribing matters relating to training packages:

(k)

providing for the review, amendment, removal, or alteration of the status of qualifications and standards, including their components (including where amendments to titles occur, consequential amendments to programmes of study or training titles, accreditations, and consents to assess against standards):

(l)

providing any special requirements for NCEA and other secondary school qualifications or awards for the purposes of the Qualifications Framework:

(m)

providing for the conduct of assessments and examinations relating to any qualifications or awards:

(n)

prescribing the details for credits, cross-credits, recognition of prior learning, and moderation:

(o)

prescribing requirements for qualifications in respect of which NZQA is the qualifications developer:

(p)

prescribing requirements relating to work-based training:

(q)

providing for the following matters for the purposes of section 361:

(i)

the kinds of enrolment and academic records that must be kept:

(ii)

the manner in which the records must be kept:

(iii)

how long the records must be kept:

(r)

prescribing reporting requirements that institutions or workforce development councils must comply with in relation to the student’s record of achievement that is maintained by NZQA:

(s)

for the purposes of rules made under paragraph (r), specifying the qualifications or standards for which institutions or workforce development councils are required to report the credits gained by students undertaking or who have undertaken study or training towards those qualifications or standards:

(t)

prescribing the quality assurance requirements for tertiary education bodies in respect of which NZQA grants approvals or consents under this subpart:

(u)

prescribing the types of programmes and training schemes that are exempt from the requirements specified in section 356(1):

(v)

providing for any other matters contemplated by this subpart and subpart 5 of Part 4, necessary for their administration, or necessary for giving them full effect.

(2)

Without limiting any power to make rules under this section, restrictions on the use of standards may be included in any rules made under subsection (1)(b) that—

(a)

prescribe criteria that NZQA must apply when considering applications for approval of a programme leading to a degree or postgraduate qualification:

(b)

prescribe criteria that NZQA must apply when considering applications for the listing of a degree or postgraduate qualification on the Qualifications Framework:

(c)

prescribe criteria that NZQA must apply when considering applications for the listing of a standard in the Directory of Assessment Standards that relates to any programme leading to a degree or postgraduate qualification.

(3)

Rules made under subsection (1)(o) may specify different requirements for different qualifications.

(4)

Before making rules under this section that apply to a class of institutions, NZQA must consult,—

(a)

if the rules relate to universities, the Vice-Chancellors Committee; and

(b)

if the rules relate to bodies that provide adult and community education, those bodies or a body that represents their interests; and

(c)

if the rules relate to a class of institutions in respect of which there is a body whose function is to set up programme approval and moderation procedures, the representative bodies of those institutions, and any other bodies as NZQA considers appropriate.

(5)

Any proposed rules under this section must be approved by the board of NZQA and the Minister before being made, but, if the rules relate to any matter described in subsection (1)(m), the approval of the Minister is not required.

(6)

Any rules made under this section must be—

(a)

published on an Internet site maintained by or on behalf of NZQA; and

(b)

made available in printed form for purchase at a reasonable price on request by members of the public.

(7)

Rules made under this section are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1989 No 80 s 253