Pastoral care of domestic and international students

534 Pastoral care codes of practice

(1)

The Minister may issue—

(a)

a code that provides a framework for the pastoral care of domestic tertiary students:

(b)

a code that provides a framework for the pastoral care of international students:

(c)

a code that provides a framework for the pastoral care of domestic tertiary students and international students.

(2)

The purpose of a code,—

(a)

in respect of domestic tertiary students, is to support the Government’s objectives for the education of domestic tertiary students by—

(i)

requiring providers to take all reasonable steps to maintain the well-being of domestic tertiary students; and

(ii)

ensuring, so far as is possible, that domestic tertiary students have a positive experience that supports their educational achievement:

(b)

in respect of international students, is to support the Government’s objectives for international education by—

(i)

requiring providers to take all reasonable steps to protect international students; and

(ii)

ensuring, so far as is possible, that international students have in New Zealand a positive experience that supports their educational achievement.

(3)

The scope of a code,—

(a)

in respect of domestic tertiary students, is to prescribe, alongside other quality assurance prescribed by this Act,—

(i)

outcomes sought from providers for their domestic tertiary students; and

(ii)

key processes required of providers to support the well-being, achievement, and rights of domestic tertiary students:

(b)

in respect of international students, is to prescribe, alongside other quality assurance prescribed by this Act,—

(i)

outcomes sought from providers for their international students; and

(ii)

key processes required of providers to support the well-being, achievement, and rights of international students.

(4)

Without limiting subsections (1) to (3), a code may include provisions for 1 or more of the following purposes:

(a)

despite anything in the Public Finance Act 1989, requiring providers to indemnify the code administrator:

(b)

providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.

(5)

Before issuing a code, the Minister must consult—

(a)

those parties that the Minister considers likely to be affected by the code, including representatives of students, parents, providers, signatory providers, and the staff of providers and signatory providers; and

(b)

the Privacy Commissioner.

(6)

A code—

(a)

in respect of domestic tertiary students is binding on all providers:

(b)

in respect of international students is binding on all signatory providers.

(7)

A code—

(a)

may make different provisions in relation to students under the age of 18 years and in relation to students aged 18 years or over.

(b)
[Repealed]

(c)
[Repealed]

(8)

A code must be made and administered in accordance with regulations made under section 648.

(9)

A code under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1989 No 80 s 238G

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it on an Internet site maintained by, or on behalf of, the MinistryLA19 ss 73, 74(1)(a), Sch 1 cl 14
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 534(7)(b): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 534(7)(c): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 534(9): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).