Hon Steven Joyce
Government Bill
279—2
As reported from the Education and Science Committee
Commentary
Key
1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to Education Act 1989
Amendments to Part 1 of principal Act
4 Interpretation
5 Right to free primary and secondary education
6 Enrolment of foreign students
7 Certain foreign students may enrol at State schools as of right
8 Fees for foreign students
9 Minister may exempt certain foreign students from payment of fees
10 Boards to reimburse the Crown for expenditure in respect of foreign students
11 Courses for foreign students
12 Right of reconsideration
Amendments to Part 3 of principal Act
13 New Zealand citizens and residents between 6 and 16 to go to school
14 Foreign students and secondary-tertiary programmes
Amendments to Part 7 of principal Act
15 Interpretation
15A Object of provisions relating to tertiary education
Amendments to Part 13 of principal Act
16 Interpretation
16A Importance of tertiary education strategy
16B Ministry may hold and disseminate information
Amendments to Part 15 of principal Act
17 Powers of institutions
18 Effect of disestablishment
Amendments to Part 16 of principal Act
19 Heading to Part 16 amended
20 Courses
21 New section 224 substituted
224 Enrolment of students
22 Records relating to students
23 Disclosure of enrolment information by institutions
24 Offences concerning information requests
25 Fees for domestic students
26 New section 227A inserted
227A Ministerial direction to institutions relating to compulsory student services fees
28 Fees for foreign students
29 Tertiary institutions to give prospective students information about fees
New Part 18 of principal Act substituted
30 New Part 18 substituted
Part 18Private training establishments
Interpretation
232 Interpretation
Programmes and training schemes in which international students enrolled
232A Requirements that private training establishments must comply with before enrolling international students
232B Exemptions
232C Requirement to be registered before providing approved programmes or training schemes
Applications for registration
232D Applications for registration of private training establishments
232E Authority may verify identity of governing members of private training establishment
Determination of application
233 Grant or refusal of application
233A Criteria for determining whether governing member of private training establishment is fit and proper person
Conditions and other requirements of registration
233B Conditions of registration
233C Annual fee
Cancellation and lapse of registration
233D Cancellation of registration
233E Effect of cancellation
234 Lapse of registration
Fees for domestic students
234A Fees for domestic students must not exceed maximums set in conditions of funding
Information that must be given to prospective students
234B Information that private training establishments must give prospective students
Protection of student fees
234C Interpretation
234D Application of rules relating to student fee protection
234E Student fees must be deposited with independent trustee
235 Refund entitlements of domestic students
235A Refund entitlements of international students
235B Refund requirements set by Gazette notice
235C Rules apply if students withdraw because of programme or training scheme closure
235CA Ministerial direction to registered private training establishments relating to compulsory student services fees
Information sharing with other government departments
235D Private training establishment to notify immigration officer if student withdraws from programme or training scheme
235E Disclosure of enrolment information by private training establishments
236 Offences concerning information requests
Student records
236A Duties of private training establishments to maintain student records
Amendments to Part 18A of principal Act
31 Interpretation
32 New section 238EA inserted
238EA Obligation on provider to enrol person as international student
33 Code
34 Export education levy
Amendments to Part 19 of principal Act
35 Functions of Committee
New Part 20 of principal Act substituted
36 New Part 20 substituted
Part 20New Zealand Qualifications Authority
246 Interpretation
Functions of Qualifications Authority
246A Functions of Authority
247 Certain functions of Authority in relation to entrance to universities
New Zealand Qualifications Framework
248 New Zealand Qualifications Framework
Directory of Assessment Standards
248A Directory of Assessment Standards
248B Standard-setting bodies
Approval of programmes
249 Approval of programmes
249A Conditions on programme approvals
Accreditation to provide approved programmes
250 Accreditation to provide approved programmes
250A Conditions on accreditation
250B Lapse of accreditation
250C Withdrawal of accreditation
Training schemes and consents to assess against standards
251 Application for training scheme approval
251A Conditions of training scheme approval
251B Withdrawal of training scheme approval
251C Lapse of training scheme approval
Consent to assess against standards
252 Consent to assess against standards
252A Conditions
252B When a consent expires or ceases to have effect
Rules
253 Rules
Functions and powers of Authority in relation to universities
253A Exercise of certain powers of Authority by Vice-Chancellors Committee
Granting of awards
253B Powers of Authority in granting of awards
Use of certain terms in name of registered establishment
253C Minister may consent to registered establishments using certain terms in their names
Fees
254 Fees
Enforcement powers of Authority
254A Power to obtain information
255 Compliance notices
255A Powers of entry and inspection
Research
256 Research
Provisions relating to continuation, constitution, and operation of New Zealand Qualifications Authority
256A Continuation of New Zealand Qualifications Authority
256B Constitution
256C Chief executive
256D Delegation by Authority
256E Membership of Government Superannuation Fund
256F Child care allowances
256G Taxation
New Part 21 of principal Act inserted
37 New Part 21 inserted
Part 21Education New Zealand
269 Education New Zealand established
269A Interpretation
270 Functions
271 International education strategy
272 Membership of board of Education New Zealand
272A Special advisers to the board
272B International education stakeholder advisory committee
273 Chief executive
273A Responsibilities of chief executive
273B Superannuation
274 Application of Commerce Act 1986
274 Application of Part 2 of Commerce Act 1986
274A Transfer of Ministry employees to Education New Zealand
274B No compensation for technical redundancy of employees of Education New Zealand Trust
Amendments to Part 22 of principal Act
37A Heading to Part 22 substituted
37B Career Services is service for purposes of this Part
Amendments to Part 24 of principal Act
38 New sections 292 to 292H substituted
292 Offences relating to use of certain terms
292A Offences relating to false representations
292B Liability of body corporate and directors in respect of false representations
292C Offence to issue false qualifications and falsify records
292D Offence to fail to comply with section 236A (student records)
292E Offence to provide or advertise cheating services
292F Offences relating to enrolment of international students and registration of private training establishments
292G Offence to contravene requirements in section 234E relating to student fees
292H Injunctions and orders of High Court
Part 2Transitional arrangements and amendments to other enactments
Transitional provisions
39 Qualifications and standards existing before commencement of this Act
40 Policies and criteria under former section 253 and rules under former section 265
41 Course approvals, accreditations, consents, etc
Transitional provisions relating to private training establishments
42 Transitional arrangements for private training establishments
Amendments to other enactments
43 Amendment to Crown Entities Act 2004
43A Government Superannuation Fund Act 1956
44 Amendment to Ombudsmen Act 1975
45 New Zealand Council for Educational Research (Electoral College) Order 2009
Revocation
46 Education (Change of Name of Education Entities) Order 2000 revoked
Legislative history
The Parliament of New Zealand enacts as follows: