357 Refund entitlements of domestic students

(1)

This section applies to a domestic student who—

(a)

is enrolled at a private training establishment for all or part of a programme or training scheme of more than 3 months’ duration; and

(b)

withdraws from that programme or training scheme within the refund period.

(2)

The student is entitled to a refund of the payment (or the sum of any payments) made by the student in respect of the programme or training scheme that exceeds $500 or 10% of the amount of that payment or the sum of those payments, whichever is the lesser.

(3)

Despite subsection (2), a private training establishment must—

(a)

allow every domestic student enrolled in a programme or training scheme that is of less than 3 months’ duration to withdraw from it within a period (being less than 7 days) specified by NZQA; and

(b)

refund to every domestic student who so withdraws a minimum amount or proportion, specified by NZQA, of any payments made by the student to the establishment in respect of the programme or training scheme.

(4)

If the student withdraws from a programme or training scheme within the refund period, the independent trustee must refund all payments made to it by the private training establishment in respect of the programme or scheme—

(a)

to the trustee of the student’s new education provider; or

(b)

if the fee has been paid for by student loan, to MSD; or

(c)

to the student, if neither paragraph (a) nor (b) applies.

(5)

When the refund period, in relation to any fees paid by or behalf of a student, has expired,—

(a)

the fees paid must continue to be held in trust by the independent trustee and the private training establishment must be paid from the trust in the manner prescribed in the rules made under section 452; or

(b)

the private training establishment may, if NZQA approves, make alternative arrangements in relation to the fees paid.

(6)

An instrument containing a specification by NZQA under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1989 No 80 s 235

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationIt is not required to be publishedLA19 s 73(2)
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 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 357(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).