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New Zealand Legislation: Regulations

Regulations are laws made under Acts

Reprint as at 1 November 2009

Education (Hostels) Regulations 2005

(SR 2005/332)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 12th day of December 2005

Present:
The Right Hon Helen Clark presiding in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Education.

Pursuant to sections 144B and 144C(1) of the Education Act 1989, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

Part 1
Preliminary provisions

3 Purpose of these regulations

4 Interpretation

5 Hostels to which these regulations relate

6 Giving of notices

Part 2
Licensing for hostels

Prohibitions related to unlicensed hostels

7 Students prohibited from boarding at unlicensed hostels

8 Payment of bursaries and government subsidies in respect of boarding at unlicensed hostels prohibited

Applications for licences

9 Who may apply and how

10 Floor plan and site plan required

11 Other information required

12 Authority may rely on review by Chief Review Officer

13 Relevant matters for regulation 11(2)(c)

14 Statutory declaration required

Grant or renewal of licences

15 Authority may grant or renew licences

16 Applications in respect of different premises

Applications for renewal of licences

17 Who may apply and how

18 Authority may permit applications to be lodged late

19 Renewal required if premises or operations to change

20 Renewal required if owner of hostel to change

Extent, content, form, and conditions of licences

21 Extent, content, and form of licence

22 Standard condition: maximum number of boarders

23 Special conditions

24 Examples of special conditions

Licensee’s duties in relation to licence, etc

25 Display of licence, names of responsible people, etc

26 Inspection or copying of regulations and licence

27 Notice of new directors, etc, of body corporate licensee

Formal directions to licensee to eliminate non-compliance

28 Formal direction

29 Deadline for eliminating non-compliance

30 Licensee must display formal direction

31 Revocation of formal direction

Suspension and cancellation of licences

32 Suspension effected by written notice to licensee

33 Notice must specify conditions to be complied with

34 Licensee’s duties when suspension takes effect

35 Suspended licence must be returned to authority

36 Revocation of suspension

37 Cancellation

38 Relevant matters for regulation 37(1)(e)

39 Licensee’s duties when cancellation takes effect

40 Cancelled licence must be returned to authority

Replacement licences

41 Authority may grant replacement licence

Fees and refunds

43 Refunds of fees

Part 3
Minimum standards for hostel premises and facilities

44 Provision of necessary spaces, facilities, and equipment

45 Lighting, heating, and ventilation

46 Laundering of sheets, bath towels, etc

47 Maintenance and safe use of buildings and facilities

48 Fires, earthquakes, and other emergencies

49 Evacuation plan to include fire evacuation scheme

50 Safety and hygiene of premises, equipment, etc

51 Premises to be kept free of hazards

Part 4
Code of practice relating to management of hostels

53 Boarders not to be accommodated in unlicensed hostels

54 Policies and operating procedures

55 Policy on relationships and protection from ill-treatment

56 Procedure for granting boarders leave of absence

57 Review of, and consultation on, policies and procedures

58 Abuse, harassment, or serious neglect of boarders

60 Duties related to records

61 Supervision, staffing, and security

62 Supervision of boarders on excursions outside hostel

63 Food and drink

64 Infectious and other diseases, etc

65 Protection or promotion of health

66 Parents’ contact with, or access to, boarders

Part 5
Complaints about hostels by students or parents

67 Who may complain and how

68 Procedure for resolving complaints

69 Owner must decide whether complaints justified

70 Owner must inform complainant of decision, etc

Part 6
Miscellaneous provisions

Appeals to District Court

71 Appeals against authority’s decisions or directions

Transitional regulation

72 Existing hostels deemed licensed for transitional period

Relationship with other enactments

73 Other relevant requirements not limited or affected

Offences and penalties

74 Failure to comply with conditions

75 Failure to comply with standards or code of practice

Schedule
Fees for applications for, or renewals of, licences

Gazette information

Regulations