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

4 Interpretation

In these rules, unless the context otherwise requires,—

adjudicator means a person appointed by the DRS operator to resolve disputes by adjudication

appoint includes engage or employ

caregiver has the same meaning as in section 386AAA of the Oranga Tamariki Act 1989

code means a code of practice issued under section 534(1)(a) or (c) of the Act, but only to the extent that it relates to domestic tertiary students

code administrator means a person or an agency appointed under regulations made under section 648 of the Act

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

dispute

(a)

means a dispute between a domestic tertiary student (or a former or prospective domestic tertiary student) and a provider that is contractual or financial, or both; and

(b)

includes a contractual dispute in relation to the quality of education received by a domestic tertiary student (or a former domestic tertiary student) if an education quality assurance agency has taken action against the provider under section 348(4), 350(1)(a), (b), or (c) or (2), or 459(6) of the Act

DRS operator means a person or an agency appointed under section 536(4) of the Act to administer the scheme

education quality assurance agency, for the purposes of these rules, means—

(a)

NZQA (see section 253(b) of the Act):

(b)

the Vice-Chancellors Committee (see section 253(c) of the Act)

family group, in relation to a domestic tertiary student, means a family group, including an extended family,—

(a)

in which there is at least 1 adult—

(i)

with whom the domestic tertiary student has a biological or legal relationship; or

(ii)

to whom the domestic tertiary student has a significant psychological attachment; or

(b)

that is the domestic tertiary student’s whānau or other culturally recognised family group

legal guardian, in relation to a domestic tertiary student, means a person who, by court or testamentary appointment, is responsible for the student’s well-being and financial support

mana includes a person’s intrinsic value and inherent dignity derived from the person’s whakapapa (genealogy) and their belonging to a whānau, hapū, iwi, or family group in accordance with tikanga Māori or its equivalent in the person’s culture

practitioner means a person appointed by the DRS operator to resolve disputes by consensual methods or by adjudication

scheme means the student contract dispute resolution scheme established by section 536 of the Act, but only to the extent that it relates to domestic tertiary students (and former and prospective domestic tertiary students)

serious misconduct, in relation to a provider, means misconduct that the DRS operator considers, on reasonable grounds, to be fraudulent or grossly negligent or a breach of any applicable legislation or the code

student claimant, in relation to a provider,—

(a)

means a person who—

(i)

is a domestic tertiary student enrolled by the provider; or

(ii)

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

(iii)

intends to be, or is in the process of being, enrolled by the provider as a domestic tertiary student; and

(b)

includes a parent, caregiver, or family group member of a person referred to in paragraph (a), acting with the consent of that person; and

(c)

includes a legal guardian of a person referred to in paragraph (a)

systemic issue means an issue that has material implications that not only affect the parties to a particular dispute but also relate to the systems, processes, conduct, or operation of the—

(a)

provider who is the subject of a claim; or

(b)

wider tertiary education system

tikanga Māori includes Māori customary law and practices.