529 Refund entitlements of international students

(1)

A private training establishment must—

(a)

allow every international student enrolled for a programme or training scheme that is of 3 months’ duration or more to withdraw from it within the refund period; and

(b)

refund to every international student who so withdraws, without deduction, at least so much of any payment, or of the sum of any payments, made by the student to the establishment in respect of that programme or training scheme, and, if withdrawal from the programme or scheme also constitutes withdrawal from the establishment as a whole, in respect of enrolment at the establishment, as exceeds the percentage specified in the notice made under section 530; and

(c)

allow every international student enrolled for 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

(d)

refund to every international 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.

(2)

For the purposes of subsection (1)(c), a programme or training scheme is of less than 3 months’ duration if the period starting on the day on which the programme or scheme starts and ending on the day on which it ends (or is likely to end) is less than 3 calendar months, irrespective of the number of days on which the programme or training scheme is, or is proposed to be, provided during that period.

(3)

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

(a)

the fees paid must continue to be held in trust with 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.

(3A)

An instrument containing a specification by NZQA under subsection (1)(c) or (d) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(4)

In this section, refund period means the period that begins when the student’s fees are paid to the private training establishment (or paid directly to the independent trustee) and ends on the date specified in the notice made under section 530.

Compare: 1989 No 80 s 235A

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 529(3A): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).