Education and Training Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Education
526 Fees for international students

(1)

An institution’s council must take all reasonable steps to ensure that no person is enrolled at the institution until it has established whether the person is a domestic student or an international student.

(2)

An international student may not be enrolled or continue to be enrolled in any programme of study or training at an institution unless there have been paid to the council in respect of the student—

(a)

an amount fixed by the council that is not less than the council’s best estimate of—

(i)

the cost involved (including the institution’s marginal administrative and other general costs, and the appropriate portion of any initial or start-up costs of the programme) of providing tuition in the programme for 1 student, in the case of a programme in which no domestic student is enrolled:

(ii)

the marginal cost involved (including the institution’s marginal administrative and other general costs, and any marginal initial or start-up costs of the programme) of providing tuition in the programme for 1 student in addition to the domestic students receiving tuition in the programme, in every other case; and

(b)

an amount fixed by the council that is not less than an amount that in the council’s opinion is an appropriate reflection of the use by 1 student receiving tuition in the programme of the capital facilities (if any) whose provision at the institution is necessary owing only to the institution’s provision of tuition to international students in addition to domestic students; and

(c)

all other fees (if any) prescribed by the council.

(3)

Despite subsection (2), a council may accept from an international student in respect of any programme of study or training at an institution an amount that is less than the sum of the amounts referred to in that subsection by an amount that is no greater than the sum of—

(a)

any amounts by which the council has decided to subsidise the student in respect of the programme; and

(b)

the appropriate proportion of any amounts by which the council has decided to subsidise the student in respect of programmes of a kind or description that include the programme; and

(c)

the appropriate proportion of any amounts by which the council has decided to subsidise students of a kind or description that include the student in respect of the programme; and

(d)

the appropriate proportion of any amounts by which the council has decided to subsidise students of a kind or description that include the student in respect of programmes of a kind or description that include the programme,—

out of the general revenue of the council (not being funds provided under sections 425 or 428) or out of any special supplementary grant under that section that may be used for the purpose.

(4)

Subsection (2) does not prevent a council from accepting payment of a fee by instalments.

(5)

If an international student has received tuition in a programme of study or training at an institution without paying the full amounts required by subsection (2)(a) or (b) in respect of the programme, the institution may, in any court of competent jurisdiction, recover the underpayment from the student as a debt to the institution.

(6)

In any year, the amount of any grant for an institution may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), because the full amount required by subsection (2)(a) in respect of a programme of study or training at the institution in which an international student was enrolled has not been paid to the institution, the student’s education has been subsidised by money appropriated by Parliament.

(7)

A grant may not be reduced under subsection (6) unless the Secretary has given to the council of the institution written notice of the circumstances taken into account when the proposed reduction was decided on.

(8)

If an institution’s council disagrees that a grant should be reduced under subsection (6), or disputes the amount by which it should be reduced, the following provisions apply:

(a)

the council may, within 28 days of getting notice from the Secretary under subsection (7), by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:

(b)

if, within 14 days of getting the council’s notice, the Secretary has agreed an arbitrator with the council, the agreed arbitrator must settle the dispute:

(c)

if, within 14 days of getting the council’s notice, the Secretary has not agreed an arbitrator with the council, an arbitrator appointed jointly by the Secretary and by the arbitrator originally proposed by the council must settle the dispute:

(d)

the arbitrator’s decision is final.

(9)

An institution’s council must,—

(a)

when an international student enrols, or resumes attendance, at the institution, give to the Secretary written notice (to the best of the council’s knowledge) of the student’s name, nationality, and programme of study or training:

(b)

when an international student ceases to be enrolled at, or ceases to attend, the institution, notify the Secretary in writing:

(c)

comply with all accounting requirements relating to international students enrolled at institutions contained in any notice published by the Minister in the Gazette that is for the time being in force.

(10)

An institution’s council must take all reasonable steps to ensure that when a student enrols at the institution (whether for the first time or for a subsequent time) the student is given written notice of the circumstances (if any) in which the student is or may be entitled to a refund of all or any part of fees under this section paid or to be paid to the council.

(11)

The power of a council to refund to a student all or any part of any fees paid to it under this section is not limited or affected by—

(a)

any failure to comply with subsection (10); or

(b)

the fact that the circumstances fall outside those notified under that subsection; or

(c)

the fact that the refund is larger than a notice under that subsection provides for.

Compare: 1989 No 80 s 228