Education (Domestic Tertiary Student Contract Dispute Resolution Scheme) Rules 2021

2021/369

Coat of Arms of New Zealand

Education (Domestic Tertiary Student Contract Dispute Resolution Scheme) Rules 2021

Cindy Kiro, Governor-General

Order in Council

At Wellington this 15th day of November 2021

Present:
Her Excellency the Governor-General in Council

These rules are made under section 539 of the Education and Training Act 2020—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Education made after complying with section 539(2) of that Act.

Contents

1Title
2Commencement
3Application
4Interpretation
Part 1
Dispute resolution process
Lodging disputes
5How to lodge dispute with DRS operator
6Support to enable student claimant to make claim
DRS operator determines eligibility and provides initial response
7When DRS operator may decline to accept dispute
8DRS operator to inform student claimant of information sharing
9Initial response of DRS operator to claim
General approach to resolving disputes
10General approach to resolving disputes
11Support for parties in resolution of dispute
12Disputes may be combined
13Consensual methods or adjudication to resolve dispute
14DRS operator must appoint practitioner for resolution of dispute
15DRS operator must ensure parties are aware of conditions of scheme
Resolution of disputes by consensual methods
16Confidentiality of consensual methods
Adjudication of disputes
17Basis for adjudication
18Adjudicator may request information necessary for resolution of dispute in adjudication
19Disclosure of information to other parties to adjudication
20Student claimant may request certain information not be disclosed to provider
21Adjudicator must ensure parties to adjudication are kept informed
22Use of information in adjudication
23Decision by adjudication
24When final decision binding
25Remedies under final decision in dispute resolved by adjudication
Termination of dispute resolution process
26Termination of dispute resolution process
Part 2
Administration of scheme
Functions and powers of DRS operator
27Functions of DRS operator
28Powers of DRS operator
29DRS operator may extend time frames
30DRS operator must appoint sufficient number of practitioners for scheme
31DRS operator must ensure accessibility of scheme
32DRS operator must maintain record of disputes
Reporting and accountability of scheme
33DRS operator must publish case studies and thematic reviews
34DRS operator must report systemic issues, etc
35Annual report
36Monitoring operation of scheme
Explanatory note
Administrative Information