Education and Training Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Education
10 Interpretation

(1)

In this Act, unless the context otherwise requires,—

academic year means a period of 12 months commencing on 1 January

accreditation means the following:

(a)

an accreditation to provide an approved programme or part of a programme under section 441:

(b)

an accreditation to provide an approved micro-credential under section 446A

adult student means a student who is aged 20 years or over

affected student means a student who is required to attend school in accordance with a multiple timetable arrangement

allowance includes a bursary, a grant, and a scholarship

applicable organisation means an organisation that provides an applicable service

applicable person, in relation to an applicable organisation, means any body or person who administers, controls, governs, manages, operates, or owns the organisation

applicable service means an education service to which any of sections 462(1), 463, 464, 465, 622, and 624 apply

apprentice means a person receiving apprenticeship training

apprenticeship training means a type of vocational education and training that—

(a)

is provided for a person who is working in an industry while undertaking training in that industry; and

(b)

is provided wholly or partly at the person’s workplace, mainly by or on behalf of the person’s employer; and

(c)

consists of a programme of study or training, or both, leading to a qualification in the skills of an industry that provides entry into an occupation in that industry; and

(d)

is facilitated by a person that receives funding from TEC

apprenticeship training agreement means an agreement between an employee and their employer that relates to the employee’s receipt of, or that provides for the employee to receive, apprenticeship training

apprenticeship training code means the training code (if any) issued under section 378

approved micro-credential means a micro-credential approved under section 445

approved programme means a programme approved under section 439

award means—

(a)

a certificate, diploma, degree, or other qualification listed on the Qualifications and Credentials Framework:

(b)

a certificate or other document granted in recognition of a student’s achievement in and completion of a micro-credential:

(c)

a certificate granted in recognition of a student’s achievement in scholarship examinations as part of the student’s secondary education

board member means a member of a board constituted under subpart 5 of Part 3

board of trustees or board means a board constituted under subpart 5 of Part 3 and,—

(a)

in relation to a State school, means the school’s board:

(b)

in relation to a principal, means the board of the relevant State school:

(c)

if a commissioner has been appointed to act in place of a board, means the commissioner

board staff, in relation to a board on any day, means the people who, on the day, are not students enrolled full-time at a school administered by the board and who,—

(a)

on the day, have taken up a permanent appointment to a position in the employment of the board, or a position (at a school administered by the board) in the employment of a body established under this Act or of the Secretary; or

(b)

during the period of 2 months ending with that day, have been continuously employed in that position

capstone assessment, in relation to a student or trainee enrolled in a programme that leads to a qualification, means a final assessment that requires the student or trainee to demonstrate their overall achievement of knowledge, skills, and attributes set out in the graduate profile for the qualification

chief executive of Oranga Tamariki means the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989

Chief Referee means the person appointed as Chief Referee under section 219(1)

Chief Review Officer means the chief executive of the Education Review Office

closing date, in relation to a levy, means the date, specified in the ballot paper under clause 10(b) of Schedule 16, by which ballot papers must be returned

code, in relation to well-being and safety, means a code of practice issued under section 534

code administrator means a person or agency appointed under section 535A

cohort entry policy means a policy that provides for a child who proposes to enrol at a State school to be assigned to a group of children and for all of the children in that group to be enrolled in the school on the same date, being a date that is determined in accordance with section 64

combined board means a board that governs more than 1 school

community of learning means a community of learning approved by the Minister in accordance with section 116

Competence Authority means the Competence Authority established by rules made under section 486

Complaints Assessment Committee means the Complaints Assessment Committee established by rules made under section 486

composite school means a school that offers education to students in any of years 1 to 8 and in any of years 9 to 13

consensual methods means dispute resolution processes in which the parties reach mutual agreement on the outcome of the dispute (for example, facilitation or mediation)

contract of enrolment, in relation to an international student, means a written contract entered into between the student (or a parent of the student if the student is under the age of 18 years) and the board of a State school that entitles the student to receive tuition at the school

contributing school means a school that offers education to students in years 1 to 6

council,—

(a)

in relation to an institution other than Te Pūkenga—New Zealand Institute of Skills and Technology, means the body that governs the institution in accordance with section 271:

(b)

in relation to Te Pūkenga—New Zealand Institute of Skills and Technology, means Te Pūkenga—New Zealand Institute of Skills and Technology’s council members appointed under section 320

Crown entity group has the meaning given by section 136(1) of the Crown Entities Act 2004

deputy chief referee means a person appointed as a deputy chief referee under section 219(3)

designated character school means a school designated in accordance with sections 204 and 205

Directory of Assessment and Skill Standards means the Directory of Assessment and Skill Standards described in section 437

disciplinary body means either or both of the Complaints Assessment Committee and the Disciplinary Tribunal

Disciplinary Tribunal means the Disciplinary Tribunal established by rules made under section 486

distance school means a school for the time being designated under section 196 as a distance school

domestic student means an individual who is—

(a)

a New Zealand citizen; or

(b)

the holder of a residence class visa granted under the Immigration Act 2009; or

(c)

a person of a class or description of persons required by the Minister, by notice, to be treated as if they are not international students (see subsection (11))

domestic tertiary student means an individual—

(a)

who is—

(i)

a New Zealand citizen; or

(ii)

the holder of a residence class visa granted under the Immigration Act 2009 who satisfies the criteria (if any) prescribed by regulations made under subsection (2); or

(iii)

a person of a class or description of persons required by the Minister, by notice, to be treated as if they are not international students (see subsection (11)); and

(b)

who is a tertiary student enrolled at an institution or a registered establishment

DRS means the student contract dispute resolution scheme established under section 536

DRS operator means a person or an organisation appointed under section 536(4)

early childhood education and care centre—

(a)

means premises that are used regularly for the education or care of 3 or more children (not being children of the persons providing the education or care or children enrolled at a school who are being provided with education or care before or after school) under the age of 6 years by day (or part of a day) but not for any continuous period of more than 7 days; and

(b)

despite paragraph (c), includes premises that—

(i)

are situated within premises of the kinds described in paragraph (c)(i) to (x); and

(ii)

are used regularly or principally for the education or care of 3 or more children under the age of 6 years who are children of—

(A)

staff who work within premises of the kinds described in paragraph (c)(i) to (x); or

(B)

persons attending those premises as residents or students; but

(c)

excludes premises of the following kinds:

(i)

registered schools:

(ii)

hostels:

(iii)

residences (within the meaning of section 2(1) of the Oranga Tamariki Act 1989):

(iv)

institutions under the control of the Ministry of Health, Health New Zealand, or the Māori Health Authority:

(v)

hospital care institutions (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001):

(vi)

children’s health camps operated by an organisation funded by a State service to provide an education service to children attending health camps:

(vii)

premises where all the children present are members of the same family in the care of a member of the family, or members of the same family in the care of a caregiver who is not acting for gain or reward:

(viii)

any premises, during any period of use for the education or care of 3 or more children under the age of 6 years, none of whom attends for any period exceeding 2 hours per day, in circumstances where the children’s parents or caregivers are—

(A)

in close proximity to the children and are able to be contacted; and

(B)

able to resume responsibility for the children at short notice:

(ix)

any premises, during any period of use for the operation of a playgroup, licensed home-based education and care service, or licensed hospital-based education and care service:

(x)

any premises, during any period of use for the education or care of children for any period not exceeding 4 hours a week in circumstances where the children’s parents or caregivers are—

(A)

in close proximity to the children and are able to be contacted; and

(B)

able to resume responsibility for the children at short notice

early childhood education and care service means—

(a)

a free kindergarten that is an early childhood service whose licence permits no child to attend for a period of more than 4 hours on any day; and

(b)

any other early childhood service that is declared to be an early childhood education and care service by regulations made under this Act

early childhood service means an early childhood education and care centre, a home-based education and care service, or a hospital-based education and care service

education with a special character means education within the framework of a particular or general religious or philosophical belief, and associated with observances or traditions relating to that belief

educational outcome means a credit, grade, mark, or other measure of student achievement that contributes towards the student gaining—

(a)

a qualification listed on the Qualifications and Credentials Framework; or

(b)

an award that recognises the successful completion of a micro-credential; or

(c)

recognition for successfully meeting the learning outcomes of a standard listed on the Directory of Assessment and Skill Standards

effective date, in relation to an integration agreement, means the date on which the integration of the school takes place

election year means a year divisible by 3

employer, in relation to a teacher or authorised person in a teaching position, means any one of the following who employs, or intends to employ, 1 or more teachers or authorised persons in a teaching position:

(a)

the board of a State school:

(b)

the managers of a private school:

(c)

the person or body that appoints staff at an early childhood education and care service:

(d)

the Secretary, in the Secretary’s capacity as an employer under section 614

employment agreement has the same meaning as in the Employment Relations Act 2000

employment-based trainee teacher means a person who is undertaking an initial teacher education programme that includes a period of employment by a board

employment-based trainee teaching position means a position established by the Secretary under section 615(1)

enrol includes admit, and enrolment and enrolled have corresponding meanings

enrolment scheme means a scheme developed and implemented (and not since abandoned) under this Act or regulations made under this Act

equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality with respect to the employment of any persons or group of persons

excluded early childhood service means any of the following:

(a)

a kōhanga reo chartered to Te Kōhanga Reo National Trust Board:

(b)

an early childhood service that proposes to teach in te reo Māori at, or close to, full immersion:

(c)

an early childhood service that—

(i)

proposes to teach in te reo Māori for the majority of the time; and

(ii)

is affiliated to a body that is recognised by the Minister, by notice in the Gazette, as meeting criteria set under subsection (3A):

(d)

an early childhood service that—

(i)

proposes to teach in te reo Māori for the majority of the time; and

(ii)

will be provided by, or associated with, an iwi or Māori organisation that is recognised by the Minister, by notice in the Gazette, as meeting criteria set under subsection (3A)

financial product has the meaning given by section 7 of the Financial Markets Conduct Act 2013

financial year,—

(a)

in relation to a school, means a year ending with 31 December:

(b)

in relation to any body, means a year ending,—

(i)

if the Minister has specified a day for the purpose, with that day; and

(ii)

with 30 June in every other case

free kindergarten means an early childhood education and care centre controlled by a free kindergarten association founded for the purpose of establishing and maintaining a kindergarten or kindergartens

free kindergarten association means an organisation that is for the time being specified in Schedule 2A

full primary school means a school that offers education to students in years 1 to 8

funding approval means a decision made by TEC under section 425 to fund (in whole or in part) some or all of the tertiary education programmes and activities described in an organisation’s proposed plan under clause 4(d) of Schedule 18

governing member, in relation to a private training establishment, means—

(a)

any director:

(b)

any member occupying a position equivalent to that of a director:

(c)

if the establishment is a trust, any trustee:

(d)

if the establishment is a partnership, any partner:

(e)

any senior manager:

(f)

any shareholder with a controlling interest in the establishment

government training establishment means—

(a)

a Crown entity (within the meaning of section 10(1) of the Crown Entities Act 2004) for the time being approved by the Minister for the purposes of this definition; or

(b)

a department (within the meaning of the Public Finance Act 1989) for the time being approved by the Minister for the purposes of this definition; or

(c)

the New Zealand Defence Force; or

(d)

the New Zealand Police

half-day, in relation to a school, means a period of 2 hours or more during which the school is open for instruction

home-based education and care service—

(a)

means the provision of education or care, for gain or reward, to children who are under the age of 5 years, or who are aged 5 years but not enrolled at school, in—

(i)

the children’s own home; or

(ii)

the home of the person providing the education or care; or

(iii)

any other home nominated by a parent of the children; and

(b)

includes the provision of education or care to any child of the person providing the service who is—

(i)

under the age of 5 years; or

(ii)

aged 5 years but not enrolled at school

hospital-based education and care service means the provision of education or care to 3 or more children under the age of 6 years who are receiving hospital care within the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001

hostel means a boarding establishment used mainly or solely for the accommodation of students enrolled at a registered school

household does not include hostel

immediate caregiver,—

(a)

in relation to a student who usually lives in a household that includes the student’s father or mother but not both, but also includes the spouse or partner of the father or mother, means the spouse or partner; and

(b)

in relation to a student who usually lives in a household that includes the student’s father or mother and no spouse or partner of the father or mother, but also includes a person who has turned 20 years and has a day-to-day responsibility for the student clearly greater than that of any other person, means that person; and

(c)

in relation to a student who usually lives in a household that does not include the student’s father or mother, means any member of the household who has turned 20 years and has a day-to-day responsibility for the student clearly greater than that of any other person

independent trustee, in relation to a private training establishment, means a trustee that does not provide any other service to the establishment other than that referred to in section 356

industry means 2 or more enterprises that use—

(a)

the same or similar inputs and methods of production to produce the same or similar products; or

(b)

the same or similar methods to provide the same or similar services

initial teacher education programme means a training programme recognised by the Teaching Council as suitable for people who want to teach

institution means—

(a)

Te Pūkenga—New Zealand Institute of Skills and Technology (including, as the case requires, its subsidiaries that provide education or training, or both):

(b)

a university:

(c)

a wānanga

integration means the conditions and procedures on and by which a private school may become established as part of the State system of education, and may remain part of that system, on a basis that preserves and safeguards the special character of the education that the school provides, and integrated has a corresponding meaning

integration agreement means an agreement entered into under clause 5 of Schedule 6

intermediate school means a school that offers education to students in years 7 and 8 only

international student means an individual who is not a domestic student

land has the same meaning as in the Land Transfer Act 2017

lead provider means a provider of secondary–tertiary programmes that is recognised by the Minister by notice in the Gazette under clause 5 of Schedule 8 as a lead provider of those programmes

levy group means the members of an industry described in a levy order, or proposed to be described in a levy order, who have to, or are to, pay a levy or proposed levy

licensed early childhood education and care centre means an early childhood education and care centre in respect of which the service provider holds a current licence issued under regulations made under section 636

licensed early childhood service means an early childhood service in respect of which the service provider holds a current licence issued under regulations made under section 636

licensed home-based education and care service means a home-based education and care service in respect of which the service provider holds a current licence issued under regulations made under section 636

licensed hospital-based education and care service means a hospital-based education and care service in respect of which the service provider holds a current licence issued under regulations made under section 636

listed skill standard means a skill standard that is listed on the Directory of Assessment and Skill Standards

lone board means a board that administers 1 school only

managers of a private school means all the people who control and manage the school, whether or not they have a proprietary interest in it

medical practitioner means a health practitioner who—

(a)

is, or is treated as being, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; and

(b)

holds a current practising certificate

member of an industry means a person who employs persons who work in that industry or a self-employed person in that industry

micro-credential means study or training that—

(a)

leads to an award; but

(b)

does not, of itself, lead to an award of a qualification listed on the Qualifications and Credentials Framework

Minister means the Minister of the Crown who, under any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or part of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or part of this Act

MSD has the same meaning as in Schedule 2 of the Social Security Act 2018

multiple timetable arrangement means an arrangement under which more than 1 timetable is run on the same day (whether consecutively or concurrently)

NCEA means national certificate of educational achievement

NZQA means the New Zealand Qualifications Authority continued by section 430

overcrowding, in relation to a school, means the attendance at the school of more students than its site or facilities can reasonably be expected to take

parent, in relation to an individual, means,—

(a)

for the purposes of serving on a board of a State school (whether elected, appointed, or co-opted), the mother, father, guardian, or immediate caregiver of the individual:

(b)

for all other purposes, the mother, father, or guardian of the individual

participating board—

(a)

means the board of a State school; and

(b)

includes a commissioner appointed in place of a board; but

(c)

excludes a board of a State school or a commissioner if that party has been a participant but, with the Minister’s approval, has withdrawn from, and is not for the time being a participant in, a school risk management scheme

participating student means a student undertaking a secondary–tertiary programme who is enrolled at any of the following:

(a)

a secondary school:

(b)

a composite school:

(c)

a private school, other than a school registered only as a primary school:

(d)

a specialist school that is a relevant school

partner, in the phrase “spouse or partner” and in related contexts, means civil union partner or de facto partner

payrolled school means a school to which section 579 applies

permanent member, in relation to the teaching or general staff of an institution, means a member of the staff who—

(a)

is employed, on a full-time or part-time basis, for a period ending, unless sooner terminated, on the member’s resignation or retirement; or

(b)

has been employed, on a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for at least 3 months; or

(c)

has been employed, on a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for less than 3 months and whose employment is, in the opinion of the chief executive of the institution, likely to continue for at least 3 months from the date of commencement of that employment

person dealing—

(a)

means the other party to a transaction, if an act of a board is a transaction; and

(b)

includes a person who has acquired property, rights, or interests from a board

personal property includes money

playgroup means a group that meets on a regular basis to facilitate children’s play and in respect of which—

(a)

no child attends for more than 4 hours on any day; and

(b)

more than half of the children attending on any occasion have a parent or caregiver present in the same play area at the same time; and

(c)

the total number of children attending on any occasion is not greater than 4 times the number of parents and caregivers present in the same play area at the same time

practising certificate means a certificate issued under clause 10(2) or (6) of Schedule 3

prescribed means prescribed by this Act or by regulations made under this Act

prescribed quality assurance requirements means the quality assurance requirements prescribed by NZQA under section 452(1)(i)

primary education means education for students in a primary, an intermediate, a specialist, or a composite school at the relevant year levels

primary school means a contributing school or a full primary school

principal means the chief executive of a State school and, in relation to a school, a person enrolled at a school, or the enrolment of a person at a school, means the principal of the school, and except in section 119(1)(c) includes an acting principal

private school means a school registered under section 214

private training establishment means an establishment, other than an institution, that provides post-school education or training, including vocational education and training

proceeding means any legal or administrative proceeding, and includes an arbitration

professional leader means—

(a)

the principal:

(b)

in the case of an early childhood service, the professional leader of the service:

(c)

in the case of any other educational institution, the chief executive or person occupying an equivalent position

programme, in relation to an institution within the meaning of section 10(5)(a), means a programme of study or training that leads to a qualification listed on the Qualifications and Credentials Framework

property means real and personal property of every description

proprietor means the body corporate that—

(a)

has the primary responsibility for determining the special character of a private school or State integrated school and for supervising the maintenance of that special character; and

(b)

owns, holds in trust, or leases the land and buildings that constitute the premises of the private school or a State integrated school

provider—

(a)

means a person or body that is—

(i)

a registered school; or

(ii)

an institution; or

(iii)

a registered establishment; or

(iv)

an organisation that provides adult and community education that receives funding under section 425 or 428:

(b)

has, for the purposes of Part 4, the meaning specified in paragraph (a) and includes—

(i)

a government training establishment, a registered establishment, and a wānanga:

(ii)

a relevant school:

(c)

means, in relation to well-being and safety in subpart 7 of Part 5, a person or body that is,—

(i)

in respect of international students, a registered school, an institution, or a registered establishment; or

(ii)

in respect of domestic tertiary students, an institution or a registered establishment

provider group means a group of providers of secondary–tertiary programmes that is recognised by the Minister by notice in the Gazette under clause 1 of Schedule 8 as a provider group

psychologist means a health practitioner who—

(a)

is, or is treated as being, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology; and

(b)

holds a current practising certificate

qualification means a qualification listed on the Qualifications and Credentials Framework, which may include qualifications offered by universities

Qualifications and Credentials Framework means the framework described in section 436

qualifying member, in relation to a levy group, means a member who does not have a certificate of exemption under clause 14 of Schedule 16

reasonably convenient school means a State school that a reasonable person living in the area in which the school is situated would judge to be reasonably convenient for a particular student, taking into account the age of the student, the distance to be travelled, the time likely to be spent in travel, the reasonably available modes of travel, common public transport routes, and relevant traffic hazards; and the meaning may vary as between different schools depending on—

(a)

whether the school is a single-sex or co-educational school:

(b)

whether the school is an ordinary State school, a Kura Kaupapa Māori, a designated character school, a State integrated school, or a specialist school:

(c)

whether the school is a primary, an intermediate, a secondary, or a composite school

record of achievement means a record of a student’s educational outcomes maintained by NZQA or a tertiary education provider

refund period means,—

(a)

in relation to a domestic student who, before 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a micro-credential, the 7 days after the first day of the programme or micro-credential for which the attendance of the student at the establishment is required:

(b)

in relation to a domestic student who, on or after 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a micro-credential, the period of time 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 later of 7 days after—

(i)

the first day of the programme or micro-credential for which the attendance of the student at the establishment is required; or

(ii)

any other day that the establishment permits the student to begin attendance

registered establishment means a private training establishment that has been granted registration by NZQA under subpart 5 of Part 4 and whose registration has not been cancelled

registered school means a State school, a State integrated school, or a private school

registration or registered, in relation to any person, means the entry of the person’s name on the register kept under clause 8 of Schedule 3

regular teacher means a teacher who is not a relieving teacher or an employment-based trainee teacher

related entity, in relation to an institution, means a person or body that is a related party for the purpose of any financial reporting standard that applies to the institution under generally accepted accounting practice

relevant industry means the industry described in the levy order or proposed levy order

relevant school means—

(a)

a secondary school; or

(b)

a composite school; or

(c)

a private school, except a school registered as a primary school only; or

(d)

a specialist school

relieving teacher means a teacher employed by a board to undertake some or all of the duties of a regular teacher who, at that time, is absent from work but remains employed (on salary) by the board

review officer means a person designated under section 465, and includes the Chief Review Officer

school community, in relation to a school, means—

(a)

the parents, families, and whānau of the school’s students; and

(b)

the Māori community associated with the school; and

(c)

any other person, or group of persons, who the board considers is part of the school community for the purposes of the relevant provision

school risk management scheme means the school risk management scheme established under section 576

seclude, in relation to a student or child, means placing the student or child involuntarily alone in a room from which they cannot, or believe they cannot, freely exit

secondary component, in relation to a secondary–tertiary programme, means the portion of the programme that consists of participation in secondary education, whether or not provided by the school at which the participating student is enrolled

secondary education means education for students in a secondary, specialist, or composite school at the relevant year levels

secondary school means a school that offers education to students in any of years 9 to 13

secondary–tertiary programme means a full-time programme for a participating student that—

(a)

consists of a secondary component and a tertiary component; and

(b)

is co-ordinated by a provider group or a lead provider in accordance with the provisions in Schedule 8

Secretary means the chief executive of the Ministry

senior manager, in relation to a private training establishment, means—

(a)

the chief executive officer or person occupying an equivalent position; or

(b)

any member of staff in charge of academic issues, marketing, administration, finance, student fee trust funds, or student services

serious criminal activity means any offence involving fraud, violence, or harm to children, any sexual offence, or any crime involving dishonesty

serious harm, in relation to a domestic tertiary student or an international student, means an event or circumstances that seriously and detrimentally affect the ongoing welfare of the student, including (without limitation) physical injury, physical illness, or mental illness

serious misconduct means conduct by a teacher—

(a)

that—

(i)

adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or

(ii)

reflects adversely on the teacher’s fitness to be a teacher; or

(iii)

may bring the teaching profession into disrepute; and

(b)

that is of a character or severity that meets the Teaching Council’s criteria for reporting serious misconduct

service provider means each of the following:

(a)

in relation to an early childhood education and care centre, the body, agency, or person who operates the centre:

(b)

in relation to a home-based education and care service, the body, agency, or person who provides, or offers to provide, that education or care:

(c)

in relation to a hospital-based education and care service, the body, agency, or person who provides that education or care:

(d)

in relation to a playgroup, the person or persons who operate the playgroup

signatory provider means a provider that has been approved by a code administrator under section 531A(1) as a signatory provider and that is a signatory to a code issued under section 534(1)(b) or (c)

skill standard—

(a)

means a specification of skills, the levels of performance in those skills, and the learning outcomes associated with those skills; and

(b)

in relation to any vocational education and training (or proposed vocational education and training), means a specification of some or all of the skills in which training is (or is proposed to be) received, the levels of performance in those skills intended to be attained by people receiving the training, and the learning outcomes associated with those skills

solicited voluntary payment from parents, in relation to a board, means a payment that is—

(a)

to be made or made by or on behalf of a parent, or parents, of any student, or students, likely to be enrolled or enrolled at a school administered by the board; and

(b)

a payment that the parent has, or that those parents have, no legal obligation to make; and

(c)

sought in any way (whether directly or indirectly) from the parent or those parents, by or on behalf of the board

special education means education for children who require educational services beyond that normally obtained in an ordinary class in a State school

special institution means a State school that is—

(a)

for the time being specified in Schedule 2; or

(b)

a distance school

special programme means a programme, or a programme of a type, that the Secretary has, by notice in the Gazette, approved as a special programme and—

(a)

that provides—

(i)

special education; or

(ii)

Māori language immersion classes; or

(iii)

any other type of specialised education to overcome educational disadvantage; or

(b)

that is a programme—

(i)

that takes a significantly different approach in order to address particular student needs; and

(ii)

that would not be viable unless it could draw from a catchment area beyond the school’s home zone; and

(iii)

to which entry is determined by an organisation or process that is independent of the school

special service means a service established under section 197 as a special service

specialist school means a school that offers special education to students in any of years 1 to 13

specified industries, in relation to a workforce development council, means the 1 or more specified industries covered by the workforce development council

specified user means—

(a)

an education provider (as defined in clause 1 of Schedule 24); and

(b)

the Ministry; and

(c)

NZQA; and

(d)

TEC; and

(e)

any other agency or body declared by regulations made under section 649 to be a specified user

State integrated school means a State school that—

(a)

offers education with a special character; and

(b)

has been established as a State integrated school under clause 5 of Schedule 6

State school means a school that is a primary school, an intermediate school, a composite school, a secondary school, or a specialist school

student accommodation means premises that are exempt under section 5B of the Residential Tenancies Act 1986

student claimant, in relation to a provider or signatory provider, means a person who—

(a)

is a domestic tertiary student or an international student enrolled by the provider or signatory provider; or

(b)

is a former domestic tertiary student or a former international student enrolled by the provider or signatory provider; or

(c)

intends to be, or is in the process of being, enrolled by the provider or signatory provider as a domestic tertiary student or an international student

Te Aho Matua means a statement that sets out an approach to teaching and learning that applies to schools designated under section 201

te kaitiaki o Te Aho Matua means the body commonly known as Te Rūnanga Nui o Nga Kura Kaupapa Māori o Aotearoa, being the most suitable to be responsible for determining the content of Te Aho Matua and for ensuring that it is not changed to the detriment of Māori

Te Pūkenga—New Zealand Institute of Skills and Technology means the institute continued by section 314

Te Pūkenga—New Zealand Institute of Skills and Technology subsidiary means a Crown entity subsidiary of Te Pūkenga—New Zealand Institute of Skills and Technology

teacher includes—

(a)

a registered teacher; and

(b)

a former registered teacher; and

(c)

a person who holds a limited authority to teach; and

(d)

a person who formerly held a limited authority to teach

Teaching Council means the Teaching Council of Aotearoa New Zealand continued by section 474(1)

teaching position means a position in a registered school or licensed early childhood service that—

(a)

requires its holder to instruct students; or

(b)

is the professional leader, deputy professional leader (however described), or assistant principal of a school; or

(c)

is the professional leader of an early childhood service

TEC means the Tertiary Education Commission continued by section 401(1)

tertiary component, in relation to a secondary–tertiary programme, means the portion of the programme that consists of the participating student’s apprenticeship training or participation in tertiary education that—

(a)

is provided by any 1 or more of the following:

(i)

a board of a secondary school, a composite school, or a specialist school that is a relevant school:

(ii)

the managers of a private school, other than a school registered only as a primary school:

(iii)

a government training establishment:

(iv)

an institution:

(v)

a registered establishment; and

(b)

may include work experience (other than work experience obtained by a student under section 53) as part of the programme that is approved by the provider of the secondary or tertiary component of the programme

tertiary education organisation means—

(a)

a tertiary education provider:

(b)

a workforce development council:

(c)

an individual or body that—

(i)

provides tertiary education-related services; and

(ii)

is identified as a tertiary education organisation by the Minister by notice (see subsections (11) and (12))

tertiary education provider means any of the following:

(a)

an institution:

(b)

a registered establishment:

(c)

a government training establishment:

(d)

any other person or body that provides, or proposes to provide, tertiary education and that is funded through non-departmental output classes from Vote Education

trainee—

(a)

means an employee who has a training agreement; and

(b)

includes an apprentice

training agreement means an agreement between an employer and an employee that relates to the employee’s receipt of, or provides for the employee to receive, vocational education and training (whether provided by the employer or some other person)

university means an institution established as a university under section 268(1)

unsupervised access, in relation to children at a licensed early childhood service or students at a school, means access to any child that is not access by, or supervised by, or otherwise observed by, or able to be directed (if necessary) by, any 1 or more of the following:

(a)

a registered teacher or holder of a limited authority to teach:

(b)

an employee of the school or service on whom a satisfactory Police vet has been conducted within the last 3 years:

(c)

a parent of the student

Vice-Chancellor, in relation to a university, means the chief executive of the university, by whatever name called

Vice-Chancellors Committee means the New Zealand Vice-Chancellors Committee continued by section 311

vocational education and training—

(a)

means education and training that lead to the achievement of industry-developed skill standards, qualifications, or other awards; and

(b)

includes work-based training

walking distance, in relation to travel between a person’s residence and a school,—

(a)

where there is no public transport that the person can conveniently use, means the distance (measured along the most direct route by public road, public footpath, or a combination of both) between the residence and the school; and

(b)

where in both directions there is public transport that the person can conveniently use, means the sum of the following distances (each measured along the most direct route by public road, public footpath, or a combination of both) or, where the distance is greater in one direction than the other, the greater distance:

(i)

the distance between the residence and the place where public transport must first be taken (or finally be left); and

(ii)

the distance between the school and the place where public transport must finally be left (or first be taken); and

(iii)

every intermediate distance between one element of public transport and another

wānanga means an institution established as a wānanga under section 268(1)

work-based training means systematic training and assessment (including apprenticeship training) in the skills characteristic of, or likely to be valuable to, persons engaged in an industry (or 2 or more industries) that is provided to persons engaged in that industry (or those industries)—

(a)

by or on behalf of employers in that industry (or those industries); or

(b)

for the benefit of employers and employees in that industry (or those industries)

workforce development council means a workforce development council established under section 363.

(2)

The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence class visa granted under the Immigration Act 2009 must satisfy in order to fulfil the requirements of paragraph (a)(ii) of the definition of domestic tertiary student in subsection (1).

(3)

Regulations under subsection (2) must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

(3A)

The Minister may, by notice, set criteria relating to the recognition of bodies and iwi or Māori organisations for the purposes of paragraphs (c) and (d) of the definition of excluded early childhood service in subsection (1).

(4)

Despite the definition of immediate caregiver in subsection (1), a student does not have an immediate caregiver if the student—

(a)

usually lives in a household that includes the student’s father and mother; or

(b)

usually spends approximately equal time in 2 or more households; or

(c)

does not usually live in a household.

(5)

For the purposes of subpart 2 of Part 5 (apart from section 456), the definition of institution in subsection (1) includes any government training establishment, registered establishment, relevant school, workforce development council, or other body, except that—

(a)

a workforce development council is not an institution for the purposes of the following sections:

(i)

sections 439 to 444:

(ii)

sections 446A and 446B:

(iii)

sections 449 to 451:

(b)

an other body is not an institution for the purposes of sections 441 to 444.

(6)

For the purposes of sections 563 to 572, unless the context otherwise requires,—

agreement includes a deed, a contract, an agreement, an arrangement, and an understanding, whether oral or written, express or implied, and whether or not enforceable at law

assets means any real or personal property of any kind, whether or not subject to rights, and includes (but is not limited to)—

(a)

any estate or interest in any land, including all rights of occupation of land or buildings:

(b)

all buildings, vehicles, plant, equipment, and machinery, and any rights in them:

(c)

all livestock, products from livestock, and crops:

(d)

all financial products within the meaning of the Financial Markets Conduct Act 2013:

(e)

all rights of any kind, including rights under Acts, deeds, agreements, or licences, planning rights, water rights, and clean air licences, and all applications for and objections against applications for those rights:

(f)

all patents, trade marks, designs, copyright, and other intellectual property rights whether enforceable by Act or rule of law:

(g)

goodwill, and any business undertaking:

(h)

all natural gas, petroleum, and other hydrocarbons

institution includes a subsidiary of an institution

liabilities includes—

(a)

liabilities and obligations under any Act or agreement; and

(b)

deposits and other debt securities within the meaning of the Financial Markets Conduct Act 2013; and

(c)

contingent liabilities

rights includes powers, privileges, interests, licences, approvals, consents, benefits, and equities of any kind, whether actual, contingent, or prospective

transfer includes—

(a)

to assign and convey; and

(b)

to vest by Order in Council; and

(c)

to confer estates in fee simple of land held by the Crown; and

(d)

to grant leases, rights, and interests in any real or personal property; and

(e)

in the case of liabilities, the assumption of the liabilities by an institution.

(7)

For the purposes of subparts 3 and 4 of Part 6, unless the context otherwise requires,—

education service means—

(a)

service in the employment of—

(i)

a State school; or

(ii)

an institution; or

(iii)

any other place of education for which a separate employer for the purposes of this Act is designated by any enactment or by the Minister:

(b)

service as a registered teacher in the employment of any free kindergarten association that controls a free kindergarten:

(c)

service as a teacher in the employment of the Secretary under section 614

employer,—

(a)

in relation to a State school, means the board:

(b)

in relation to a free kindergarten, means the free kindergarten association by which that free kindergarten is controlled:

(c)

in relation to an institution, means the chief executive of the institution:

(d)

in relation to any other place of education in the education service, means—

(i)

the person or body designated by an enactment as the employer for the purposes of this Act in respect of the place of education; and

(ii)

in the absence of a person or body designated by an enactment, means a person or body designated for that purpose by the Minister:

(e)

in relation to a person employed as a teacher under section 614, means the Secretary.

(8)

For the purposes of sections 653 to 659, unless the context otherwise requires,—

education entity means—

(a)

a registered school:

(b)

a service provider:

(c)

a hostel:

(d)

a private training establishment:

(e)

an institution:

(f)

an educational body

educational body—

(a)

means a body corporate that is recognised by the Minister as a body that provides any educational or developmental service or facility; and

(b)

includes a tertiary education organisation

governing body, in relation to an education entity, means the body that is primarily responsible for the governance of the education entity

instruction includes the provision of education services through online or distance learning, or through any other means.

(9)

Unless the context otherwise requires,—

(a)

every reference in Schedule 6 to a State school is to be treated as excluding a State integrated school:

(b)

every reference elsewhere in this Act and in any other enactment or document to—

(i)

a State primary school is to be treated as including a State integrated school that is a primary school:

(ii)

a State secondary school is to be treated as including a State integrated school that is a secondary school:

(iii)

a State school is to be treated as including a reference to a State integrated school.

(10)

The Governor-General may, by Order in Council, amend Schedule 2 by—

(a)

adding the name of a State school to it; or

(b)

omitting the name of a State school from it; or

(c)

substituting for the name of a State school any different name if that school has changed its name.

(10A)

The Governor-General may, by Order in Council, amend Schedule 2A by—

(a)

adding the name of an organisation if the organisation has been formed from the restructuring of an organisation that is specified in Schedule 2A or from the merger of 2 or more organisations that are specified in Schedule 2A; or

(b)

omitting the name of an organisation if the organisation has ceased to exist or ceased to operate a free kindergarten; or

(c)

substituting for the name of an organisation any different name if that organisation has changed its name.

(11)

The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

(a)

a notice under paragraph (c) of the definition of domestic student in subsection (1):

(b)

a notice under paragraph (a)(iii) of the definition of domestic tertiary student in subsection (1):

(c)

a notice under paragraph (c)(ii) of the definition of tertiary education organisation in subsection (1), unless it applies only to 1 or more named individuals or bodies:

(d)

regulations under subsection (2):

(e)

an order under subsection (10):

(f)

an order under subsection (10A).

(12)

If a notice under paragraph (c)(ii) of the definition of tertiary education organisation in subsection (1) is not secondary legislation, the Minister must give the notice to—

(a)

the TEC; and

(b)

the individuals or bodies named in the notice.

(13)

A notice under subsection (3A) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

See secondary legislation made under this Act (if published on this website)

Compare: 1964 No 135 s 2; 1989 No 80 ss 2, 11B, 60, 91A, 92, 139AC, 145, 159, 159B, 164A, 216, 232, 234C, 238D, 239, 246, 302, 309, 320, 323, 342, 348, 378, 414, 476B, 492, Schedule 6 cls 1, 19; 1992 No 55 ss 2, 25

Legislation Act 2019 requirements for secondary legislation referred to in subsection (11)
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 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.
Legislation Act 2019 requirements for secondary legislation referred to in subsection (13)
PublicationThe maker must publish it on an Internet site maintained by, or on behalf of, the MinistryLA19 s 74(1)(aa)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114
DisallowanceIt may be disallowed by the House of RepresentativesLA19 ss 115, 116
This note is not part of the Act.

Section 10(1) accreditation: replaced, on 1 August 2022, by section 6(2) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) approved micro-credential: inserted, on 1 August 2022, by section 6(1) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) approved training scheme: repealed, on 1 August 2022, by section 6(3) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) award paragraph (a): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) award paragraph (b): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) code: amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) code administrator: amended, on 1 August 2022, by section 6(4) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) consensual methods: inserted, on 1 August 2022, by section 6(1) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) council paragraph (a): amended, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 10(1) council paragraph (b): amended, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 10(1) Directory of Assessment Standards: repealed, on 1 August 2022, by section 6(5) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) Directory of Assessment and Skill Standards: inserted, on 1 August 2022, by section 6(5) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) domestic student paragraph (c): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 10(1) domestic tertiary student paragraph (a)(iii): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 10(1) DRS operator: amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) early childhood education and care centre paragraph (c)(iv): replaced, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Section 10(1) educational outcome: replaced, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) excluded early childhood service: inserted, on 1 August 2022, by section 6(1) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) free kindergarten association: inserted, on 1 August 2022, by section 6(1) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) institution paragraph (a): amended, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 10(1) listed skill standard: amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) micro-credential: inserted, on 1 August 2022, by section 6(1) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) Minister: amended, on 1 August 2022, by section 6(6) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) New Zealand Institute of Skills and Technology or NZIST: repealed, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 10(1) NZIST subsidiary: repealed, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 10(1) programme: amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) provider paragraph (c): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) qualification: amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) Qualifications and Credentials Framework (previously Qualifications Framework): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) refund period paragraph (a): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) refund period paragraph (b): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) refund period paragraph (b)(i): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) signatory provider: replaced, on 1 August 2022, by section 6(7) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) skill standard: replaced, on 1 August 2022, by section 6(8) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) specified user paragraph (a): amended, on 1 August 2022, by section 6(9) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) student claimant paragraph (b): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) teaching position paragraph (c): amended, on 1 August 2022, by section 6(10) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) Te Pūkenga—New Zealand Institute of Skills and Technology: inserted, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 10(1) Te Pūkenga—New Zealand Institute of Skills and Technology subsidiary: inserted, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 10(1) tertiary education organisation paragraph (c)(ii): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 10(1) training package: repealed, on 1 August 2022, by section 6(11) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(1) training scheme: repealed, on 1 August 2022, by section 6(12) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(3): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 10(3A): inserted, on 1 August 2022, by section 6(13) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(5): replaced, on 1 August 2022, by section 6(14) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(10)(c): amended, on 1 August 2022, by section 6(15) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(10A): inserted, on 1 August 2022, by section 6(16) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(11): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 10(11)(f): inserted, on 1 August 2022, by section 6(17) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 10(12): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 10(13): inserted, on 1 August 2022, by section 6(18) of the Education and Training Amendment Act 2022 (2022 No 38).