These regulations may be cited as the School Boarding Bursaries Regulations 1972.

In these regulations, unless the context otherwise requires,—

The Secretary shall, in accordance with these regulations, approve the award of a bursary to any pupil eligible to receive the bursary.

Notwithstanding regulation 4 and regulation 11, the maximum annual value of a bursary for the year 1977 shall be $433, payable by instalments of $133 each in respect of the first and second terms and $167 in respect of the third term; and deductions from payments in respect of the third term on account of absence shall be made at the rate of $2.50 per day.

(1) A pupil shall be eligible to receive a bursary if, in order to attend school, he is living away from his home, and—

• (a) his home is located 4.8 or more kilometres, or, in the case of a child under 10 years of age, 3.2 or more kilometres, from the nearest point of embarkation provided by a transport service to a State school; or

• (b) his home is located 4.8 or more kilometres, or, in the case of a child under 10 years of age, 3.2 or more kilometres, from the nearest State school and, in the opinion of the Secretary, there is no transport service which the applicant could reasonably be expected to use to enable him to attend that school; or

• (c) he produces a certificate from a registered medical practitioner stating that he is suffering from such specified illness or specified physical disability that precludes his travelling between his home and school, but that he can travel between another place of accommodation, which shall be named in the certificate, and the school; but no pupil shall be eligible for the award of a bursary under this paragraph unless a Senior Inspector of Schools certifies that the pupil does not need special education; and, in any case the Secretary may, after consultation with the district medical officer of health, require the pupil to undergo such further medical examination by such registered medical practitioner as the district officer considers necessary; or

• (d) his parents or guardian, being usually resident in New Zealand, are serving overseas on New Zealand government business or are seconded to a Pacific Island Administration from a New Zealand government department or agency, as part of New Zealand's assistance to such territory.

(2) Notwithstanding anything in subclause (1), or in regulation 6 or regulation 7, no pupil shall, unless with the authority of the Secretary given after consideration of the special circumstances of any case or class of cases, be eligible to receive any bursary while he holds any other scholarship, bursary, or allowance, by whatever name called, awarded or made from public funds, for the purpose of assisting him to further his education.

(3) If, with the authority of the Secretary, any pupil receives a bursary concurrently with any other scholarship, bursary, or allowance, awarded or made from public funds, the value of the bursary under these regulations may be reduced by such amount (if any) as the Secretary considers reasonable in the circumstances.

Notwithstanding anything in paragraph (a) or paragraph (b) of regulation 5, the Secretary may grant a bursary if he is satisfied that failure to do so would cause the pupil hardship by virtue of the time during a school day which the pupil would, in order to attend the school, be absent from his home.

Notwithstanding anything in regulation 5 or regulation 6, the Minister may, subject to such conditions as he may from time to time determine, but otherwise in accordance with these regulations, authorise the award of bursaries to pupils or classes of pupils not otherwise eligible under these regulations.

(1) Without limiting the generality of regulation 7, the Minister may authorise the award of bursaries to pupils, or classes of pupils, who are not required to live away from home on a full-time basis.

(2) Notwithstanding anything in these regulations, the amount payable during any term to the holder of a bursary who is not required to live away from home on a full-time basis shall be calculated at the rate of 1.5% of the amount that would be payable to him per term if he were so required, for every night upon which he is required to live away from home.

Every application for the award of a bursary shall be made to the Secretary on the form provided by the Secretary for the purpose.

Except as otherwise provided by these regulations, the tenure of a bursary awarded to a pupil shall be for so long as the pupil remains eligible to receive the bursary and remains enrolled at the same school, and has his home in the same location, as those shown in his application for the bursary.

(1) In special circumstances approved by the Secretary a bursary may be awarded retrospectively to a pupil in respect of any period during which he was eligible to receive, but did not receive a bursary, but no award shall be made for,—

• (a) any period earlier than the beginning of the school year immediately before the year in which the pupil applied for a bursary:

• (b) any period of primary education if the application is received after the termination of the pupil's primary education:

• (c) any period of secondary education if the application is received after the termination of the pupil's secondary education.

(2) The amount of any bursary awarded under this regulation shall, in respect of the retrospective period for which it is awarded, be paid by way of a single payment to the parent or guardian of the pupil.

(1) Except as provided in subclause (2) of regulation 10, payment of a bursary shall be made at the end of each school term as follows,—

• (a) if the pupil is boarding at a hostel under the control of the controlling authority of a school, to the controlling authority to be credited to the hostel account of the pupil; or

• (b) if the pupil is boarding privately, to the school controlling authority of the school he attends which shall pay the sum received to the pupil's parents or to the authorised agent of the pupil's parents.

(2) Notwithstanding anything in subclause (1), in special circumstances payments may be made in such other manner as the Secretary may determine.

(3) Subject to subclauses (3A) and (4), the amount otherwise payable to the holder of a bursary during any term shall be reduced by 1.5% of that amount for every school day during that term on which the holder was absent from school.

(3A) For the purpose of calculating the number of days during any term in respect of which the amount of a bursary is to be reduced, account shall be taken of neither—

• (a) the first 20 school days of absence during that term in respect of which the Secretary is satisfied, on the advice of the principal of the school, that the holder was absent because of sickness; nor

• (b) the first 5 school days of absence during that term in respect of which the Secretary is satisfied, on the advice of the principal of the school, that the holder's absence was due to some other reasonable cause.

(4) Notwithstanding anything in subclause (3), in special circumstances the Secretary may authorise payment for absences beyond the limits specified.

(1) The award of a bursary shall be cancelled by the Secretary if—

• (a) the bursar fails to attend school regularly; but if the Secretary is satisfied after inquiry that the failure is due to illness or other cause beyond the control of the bursar he may allow the bursary to continue subject to the abatements specified in subclause (3) of regulation 11; or

• (b) the bursar is expelled from the school.

(2) If a pupil is suspended from school for misconduct but is permitted back into the school, no payment shall be made in respect of the period of suspension, but the bursary shall otherwise continue.

(3) A bursary awarded under regulation 6 or regulation 7 may be cancelled or abated to any degree by the Secretary if he is satisfied that the circumstances of the pupil have so altered that the pupil no longer needs it or that he needs only a part of it to enable him to continue his education.

(1) Subject to subclause (2), the award of a bursary shall be terminated if—

• (a) the bursar transfers from the school shown in his application for it to another school; or

• (b) the bursar has ceased to be eligible for the award of the bursary by reason of—

  • (i) a change in the location of his home; or

  • (ii) the opening of a State school in the vicinity of his home; or

  • (iii) the commencement of a transport service with a point of embarkation in the vicinity of his home from which he can be carried to the school at which he is boarding.

(2) The termination under subclause (1) of any bursary shall take effect—

• (a) at the end of the current school year in the case of a bursar enrolled in form 5, form 6, or form 7; and

• (b) at the end of the current school term in every other case.

(3) Where the award of a bursary is, or is about to be, terminated under this regulation, the bursar may at any time, if he still is, or becomes, eligible for the award of a bursary, apply again for the award of a bursary.

(1) The head teacher or principal of any school at which a bursar is for the time being enrolled as a pupil shall report in writing to the Secretary any circumstances coming to his notice which render the bursar ineligible to hold the bursary, or would require the Secretary to cancel or abate payments under it.

(2) The parent or guardian of a bursar shall inform the controlling authority of the school attended by the bursar of any changed circumstances which would render the bursar ineligible to hold the bursary or to continue to receive payments at the same rate.