Education (Vocational Education and Training Reform) Amendment Bill

  • enacted

Hon Chris Hipkins

Education (Vocational Education and Training Reform) Amendment Bill

Government Bill

170—3

Contents

Key
1Title
2Commencement
3Principal Act
Part 1
Substantive amendments to principal Act
4Section 2 amended (Interpretation)
5Section 31B amended (Provider group for secondary-tertiary programme)
6Section 31F amended (Recognition as lead provider of secondary-tertiary programme)
7Section 159 amended (Interpretation)
8Section 159B amended (Definition of organisation)
9Section 159F amended (Functions of Commission)
10New sections 159FA to 159FC inserted
159FADuties of Commission in relation to workforce development council
159FBPower of Commission to require information from workforce development council
159FCPower of Commission to audit workforce development council
11Section 159G amended (Principles guiding how Commission operates)
12New section 159KBB inserted (Additional requirement of NZIST’s council to provide information)
159KBBAdditional requirement of NZIST’s council to provide information
13Section 159L amended (Minister determines design of funding mechanisms)
14Section 159M amended (Restrictions on design of funding mechanisms)
15Section 159OA amended (Variation of determination of design of funding mechanisms)
16Section 161 amended (Academic freedom)
17Section 162 amended (Establishment of institutions)
18Section 163 amended (Constitution of institutions)
19Section 164 amended (Disestablishment of institutions)
20Section 165 replaced (Institutions to be governed by councils)
165Institutions to be governed by councils
21Section 166 amended (Incorporation)
21ASection 167 amended (Common seal)
21BSection 167A amended (Method of contracting)
22Section 169 amended (Constitutions of councils of new institutions)
23Section 170 amended (Amendment of constitution)
24Section 170A amended (Constitution to provide for membership of council)
25Section 171 amended (Membership of council)
26Section 171A amended (Certain people disqualified from appointment)
27Section 171B amended (Matters to be considered when appointing members)
28Section 171C amended (Statutes relating to appointment of members by councils of institutions)
29Section 171D amended (Limitations on number of occasions on which people may be appointed as members of councils)
30Section 171F amended (Certain acts and proceedings not invalidated by defects)
31Section 173 amended (Term of office)
31ASection 174 amended (Vacation of office)
32Section 176 amended (Casual vacancies)
33Section 176A amended (Individual duties of members of councils)
34Section 176B amended (Accountability for individual duties)
35Section 176C amended (Removal of members)
36Section 177 amended (Chairperson and deputy chairperson)
37Section 179 amended (Fees and allowances)
38Section 181 amended (Duties of councils)
39Section 182 amended (Determination of policy)
40Section 193 amended (Powers of councils)
41Section 194 amended (Statutes)
42Section 195 replaced (Trust property)
195Trust property
43Section 195A amended (Criteria for risk assessment of institutions)
44Section 195B amended (Institutions to provide information if required)
45Section 195C amended (Minister may appoint Crown observer)
46Section 195D amended (Minister may dissolve council and appoint commissioner)
46ASection 200 amended (Bank accounts)
47Section 203 amended (Institutions are Crown entities)
48Section 222 amended (Delegation by council)
49Part 15A replaced
Part 15A
New Zealand Institute of Skills and Technology
222ANZIST established
222BFunctions of NZIST
222CNZIST’s charter
222DMinister may specify administrative regions for NZIST
222EAcademic freedom of NZIST
222FNZIST must establish regional divisions
NZIST’s council
222GMembership of NZIST’s council
222HMatters to be considered when Minister appoints members to NZIST’s council
222IChairperson and deputy chairperson
222JTerm of office
Additional provisions applying to NZIST’s council and NZIST subsidiaries
222KDetermination of policy
222LNZIST’s council must establish advisory committees
222MMembership of advisory committees
222NNZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
222ONZIST subsidiary must obtain consent before exercising powers under section 192(4)
Interventions
222PCriteria for risk assessment of NZIST and related entities
222QNZIST or related entity must provide information if required
222RMinister may appoint Crown observer
222SSpecialist help
222TPerformance improvement plan
222UMinister may appoint Crown manager
222VProtection of Crown manager
222VAPowers may be used concurrently
222WMinister may dissolve NZIST’s council and appoint commissioner
222XNZIST’s council may request intervention
Application of Crown Entities Act 2004 to NZIST’s council
222YAdditional provisions of Crown Entities Act 2004 that apply to NZIST’s council
Further provisions relating to NZIST subsidiaries
222ZFormation of NZIST subsidiaries
222ZCApplication of Schedule 23
49ASection 223 amended (Programmes)
50Section 234A amended (Fees for domestic students must not exceed maximums set in conditions of funding)
51Section 246A amended (Functions of Authority)
52Section 248B amended (Standard-setting bodies)
53Section 249 amended (Approval of programmes)
54Section 250 amended (Accreditation to provide approved programmes)
55Section 251 amended (Application for training scheme approval)
56Section 252 amended (Consent to assess against standards)
57Section 253 amended (Rules)
58Section 253C amended (Minister may consent to use of certain terms in name or description of registered establishment or wananga)
59Section 254 amended (Fees)
60Section 254A amended (Power to obtain information)
61Section 255 amended (Compliance notices)
62Section 292 amended (Offences relating to use of certain terms)
63Section 299A repealed (Transitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act 2015)
64Section 321 amended (Grant to educational bodies)
65New Part 34 inserted
Part 34
Vocational education and training
477Interpretation
478Training agreements and apprenticeship training agreements part of employment agreement
Subpart 1—Workforce development councils
479Establishment of workforce development councils
480Disestablishment of workforce development councils
481Incorporation
482Functions of workforce development councils
483Workforce development council’s functions in relation to wananga
484Workforce development council must not operate registered establishment
485Duties of workforce development councils
486Annual fee payable by workforce development council
487Qualifications Authority may issue quality assurance improvement notice
488Qualifications Authority may issue compliance notice
Audit
488AApplication of Public Audit Act 2001
Validity of acts
488BAct in breach of statute invalid
488CSome natural person acts protected
Subpart 2—Apprenticeships
489Interpretation
490Apprenticeship training activities must be included in proposed plan
491 Duties of persons carrying out apprenticeship training activities
492Minister may issue apprenticeship training code
493Availability of apprenticeship training code
494Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
495Application of Legislation Act 2012 to apprenticeship training code
Subpart 3—Training levy
496Interpretation
497Purpose of levy
Imposition of levy
498Levy may be imposed by Order in Council
499Restrictions on making of levy orders
500Matters to be specified in levy orders
501Purposes for which levy may be required
502Levy order may require provision of information
503Orders are confirmable instruments
504Expiry of levy orders
Ballots
505Independent returning officer must conduct ballot
506Workforce development council must identify potential members of levy group
507Returning officer must notify potential members of levy group
508Commission must resolve coverage disputes
509Population to be balloted
510Requirements of ballot papers
511Returning officer must count votes
512Returning officer must keep ballot papers, etc
Collection of levy
513Levy is payable by qualifying members to workforce development council
514Certificate of exemption
515Method of collecting levy
516Levy order may provide for collection by agent
Duties of workforce development councils and others in relation to levies
517Levy funds must be kept in separate bank accounts and used only for authorised purposes
518Duty to keep records
519Duty to provide annual report
520Duty to protect commercially sensitive information
Disputes
521Arbitration or mediation system must be established
522Disputes about coverage
523Appeals to District Court
66Schedule 1 amended
67Schedule 13A amended
Part 1
Provisions relating to all tertiary education institutions
68Schedule 19 repealed
69New Schedules 22 to 25 inserted
Part 2
Repeals, revocations, and other amendments
70Repeal of Industry Training and Apprenticeships Act 1992
71Repeal of Education (Polytechnics) Amendment Act 2009
72Orders revoked
73Consequential amendments to other enactments
Schedule 1
New Part 910 inserted into Schedule 1
Schedule 2
New Part 2 inserted into Schedule 13A
Schedule 3
New Schedule 22 inserted
Schedule 4
New Schedule 23 inserted
Schedule 5
New Schedule 24 inserted
Schedule 5A
New Schedule 25 inserted
Schedule 6
Consequential amendments to other enactments
Legislative history

The Parliament of New Zealand enacts as follows: