347 Criteria for determining whether governing member is fit and proper person

(1)

For the purpose of determining whether a governing member of a private training establishment is a fit and proper person for that position, NZQA must give any weight that it thinks fit to all of the following matters:

(a)

the person’s experience in the provision of education services (for example, any previous involvement in a registered establishment); and

(b)

whether the person was a governing member of a registered establishment that was closed, sold due to insolvency, or taken over; and

(c)

whether the person has been convicted of any offence involving fraud, violence, or dishonesty, or any offence against this Act or section 352 of the Immigration Act 2009; and

(d)

whether the person is a defendant in proceedings in respect of an offence described in paragraph (c); and

(e)

whether the person was adjudicated bankrupt under the Insolvency Act 2006; and

(f)

whether the person has been prohibited from being a director or promoter of, or being concerned or taking part in the management of,—

(i)

a company under the Companies Act 1993; or

(ii)

any other body corporate; and

(g)

whether the person has failed to disclose any material conflict of interest as required under section 344(2)(c)(i); and

(h)

any other matter that NZQA considers relevant.

(2)

If the applicant has had direct involvement in the provision of education services that have failed, NZQA must give the applicant an opportunity to explain why this is unlikely to occur again.

Compare: 1989 No 80 s 233A