New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to section 4(8), no foreign student shall receive tuition in any subject, course, or programme at a State school unless there has been paid to the board an amount fixed by the board that is not less than the sum of the following amounts:
(a) the board's best estimate of the cost to the board (including the appropriate proportion of the board's administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student:
(b) an amount that is in the board's opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board's capital facilities:
(c) the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:
(d) all other fees (if any) prescribed by the board.
(2) Nothing in subsection (1) prevents a board's accepting by instalments any amount required by that subsection to be paid; but subject to section 4(8), no foreign student shall at any time continue to receive tuition in any subject, course, or programme at a State school unless the sum of the following amounts is less than the sum of the instalments paid up to that time:
(a) the board's best estimate of the cost to the board (including the appropriate proportion of the board's administrative and other general costs and the appropriate proportion of any initial or start-up costs of the subject, course, or programme) of providing tuition in the subject, course, or programme for 1 student up to that time:
(b) an amount that is in the board's opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board's capital facilities:
(c) the appropriate proportion of the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:
(d) all other fees (if any) prescribed by the board.
(3) Where a foreign student has after 31 December 1989 received tuition in a subject, course, or programme at a State school without paying the full amount required by subsection (1) in respect of the subject, course, or programme, the board may, in any court of competent jurisdiction, recover the underpayment from the student (or, as the case requires, a parent of the student), as a debt due to the board.
(4) In any year, the amount of any grant for a board in respect of a school it administers may be reduced from what it would otherwise have been by any amount by which (in the Secretary's opinion), by virtue of the fact that the full amount required by subsection (1) in respect of a subject, course, or programme at the school in which a foreign student was enrolled has not been paid to the board, the student's education has been subsidised by money appropriated by Parliament.
(5) No grant shall be reduced under subsection (4) unless the Secretary has given the board concerned written notice of the circumstances taken into account when the proposed reduction was decided on.
(6) Where a board disputes that a grant should be reduced under subsection (4), or disputes the amount by which it should so be reduced, the following provisions shall apply:
(a) the board may, within 28 days of getting notice from the Secretary under subsection (5), 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 board's notice, the Secretary has agreed an arbitrator with the board, the agreed arbitrator shall settle the dispute:
(c) if, within 14 days of getting the board's notice, the Secretary has not agreed an arbitrator with the board, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the board shall settle the dispute:
(d) the arbitrator's decision is final.
(7) Where at any time a foreign student withdraws from a subject, course, or programme at a State school, the board may refund to the person who paid (in respect of the student's enrolment in the subject, course, or programme) the amount of the fees referred to in subsection (1) (or the sum of any instalments paid in respect of those fees) any amount it thinks appropriate not exceeding the extent (if any) by which the amount paid exceeds the sum of the following amounts:
(a) the board's best estimate of the cost to the board (including the appropriate proportion of the board's administrative and other general costs and the appropriate proportion of any initial or start-up costs of the subject, course, or programme) of providing tuition in the subject, course, or programme for 1 student up to that time:
(b) an amount that is in the board's opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board's capital facilities:
(c) the appropriate proportion of the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:
(d) all other fees (if any) prescribed by the board.
Section 4B: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).