268 Establishment of institutions


The Governor-General may, by Order in Council made on the recommendation of the Minister, establish an institution.


Before making a recommendation, the Minister must—


give NZQA a reasonable period to give advice to the Minister on the matter and consider any advice given; and


be satisfied that the establishment of the institution is in the interests of the tertiary education system and the nation as a whole; and


consult the institutions, organisations representing institutions, and other relevant bodies that the Minister thinks fit; and


take into account—


that universities have all the following characteristics and other institutions have 1 or more of them:


they are primarily concerned with more advanced learning, the principal aim being to develop intellectual independence:


their research and teaching are closely interdependent and most of their teaching is done by people who are active in advancing knowledge:


they meet international standards of research and teaching:


they are a repository of knowledge and expertise:


they accept a role as critic and conscience of society; and




a university is characterised by a wide diversity of teaching and research, especially at a higher level, that maintains, advances, disseminates, and assists the application of knowledge, develops intellectual independence, and promotes community learning:


a wānanga is characterised by teaching and research that maintains, advances, and disseminates knowledge and develops intellectual independence, and assists the application of knowledge regarding ahuatanga Māori (Māori tradition) according to tikanga Māori (Māori custom).


An order under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).


In the case of a wānanga, the Minister may, on the recommendation of its council, change the name of the wānanga by notice published in the Gazette.


In the case of a university, its name may be changed if the procedure set out in subsections (5) to (7) is followed.


The university must give written notice to the Minister of the proposed name change.


If notice is given, the Minister must present the proposal to the House of Representatives.


If the House of Representatives, by resolution, accepts the proposed name change, the Minister must change the name of the university by notice published in the Gazette.

Compare: 1989 No 80 s 162

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 268(2A): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).