Determination of application

346 Grant or refusal of application

(1)

NZQA must grant an application for registration of a private training establishment if satisfied that—

(a)

every governing member of the establishment is a fit and proper person (after considering the criteria set out in section 347); and

(b)

the establishment has in place effective arrangements for managing any conflicts of interest that exist or may arise; and

(c)

no governing member of the establishment has a material conflict of interest that NZQA considers is or is likely to be unmanageable; and

(d)

no governing member of the establishment has an interest of a kind described in section 344(2)(c)(ii) that NZQA considers is or is likely to be unmanageable; and

(e)

the establishment has, or is to have at the relevant time, adequate staff, equipment, and premises to provide its programmes or training schemes; and

(f)

the establishment,—

(i)

if it is already operational, has acceptable financial management practices and performance (for example, is able to pay its staff, taxes, and creditors); or

(ii)

if it is not yet operational, is likely to have acceptable financial management practices and performance (for example, is likely to be able to pay its staff, taxes, and creditors); and

(g)

the establishment complies, or is capable of complying and likely to comply, with the conditions of registration under section 348; and

(h)

before accepting the enrolment of any prospective student, the establishment provides or is to provide that student with a written statement of—

(i)

the total costs and other financial commitments associated with the programme or training scheme for which the student seeks enrolment; and

(ii)

any material conflicts of interest of any of the governing members of the establishment; and

(iii)

any interests of a kind described in section 344(2)(c)(ii); and

(i)

if the establishment intends to enrol international students, it is to become a signatory to the applicable code issued under section 534 before enrolling any international students.

(2)

Registration may be granted for a specified period or indefinitely.

(3)

The grant of registration does not entitle the establishment or any of its students to receive financial assistance out of money appropriated by Parliament.

(4)

NZQA may refuse to grant registration to a private training establishment or cancel the establishment’s registration (if already granted) if satisfied that a governing member of the establishment has provided a false or misleading declaration under section 344(2)(c).

(5)

NZQA must give written notice to a private training establishment if it grants, refuses to grant, or cancels registration.

(6)

If NZQA refuses or cancels registration, it must give reasons for doing so.

Compare: 1989 No 80 s 233