390 Offences relating to use of certain terms

(1)

A person commits an offence if the person—

(a)

uses the term university to describe an educational establishment or facility unless it—

(i)

is a university; or

(ii)

is a registered establishment or wānanga that has the Minister’s consent under section 456 to use the term; or

(iii)

was a university but, despite being incorporated under section 270(4) into another institution, retains the characteristics of a university as set out in section 268(2)(d)(i) and (ii)(A):

(b)

uses the term polytechnic to describe an educational establishment or facility unless the educational establishment or facility is Te Pūkenga—New Zealand Institute of Skills and Technology or an Te Pūkenga—New Zealand Institute of Skills and Technology subsidiary:

(c)

uses the term institute of technology to describe an educational establishment or facility unless the educational establishment or facility is Te Pūkenga—New Zealand Institute of Skills and Technology or an Te Pūkenga—New Zealand Institute of Skills and Technology subsidiary.

(2)

A person, other than a university, commits an offence if the person grants or purports to grant an award that is described as a degree, or the description of which includes the word bachelor, master, doctor, or postgraduate, unless the person has the consent of NZQA.

(3)

A person commits an offence if the person, without the consent of NZQA, grants or purports to grant an award that (or the name or description of which) includes the word national or the words New Zealand.

(4)

A person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000.

Compare: 1989 No 80 s 292

Section 390(1)(b): amended, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 390(1)(c): amended, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).