Under sections 159L(3)(d) and 159M(b) of the Education Act 1989, the Minister for Tertiary Education gives notice of the proposed conditions on funding which would restrain tertiary education providers from charging any fees or course costs to domestic students participating in Youth Guarantee programmes funded by the Tertiary Education Commission (TEC).
N o t i c e
1. Title—This notice may be cited as the Education (Youth Guarantee) Notice 2009.
2. Commencement—The proposed conditions outlined in this notice apply from the 2010 academic year onwards.
3. Proposal—I propose to specify the conditions on fees and course costs, as set out in the Schedule below, that
the TEC must attach to funding through the student achievement component funding mechanism for Youth Guarantee programmes.
4. Application—This notice applies to the proposed conditions on funding in relation to Youth Guarantee programmes funded through the student achievement component funding mechanism instead of The Education (2010 Fee and Course Costs Maxima) Notice 2009*.
5. Call for submissions—Any tertiary education organisation and any other person, body or organisation having an interest in the matter is invited to make a submission on the proposed fee and course costs maxima and other proposed conditions set out in this notice.
All submissions should be sent to:
Youth Guarantee Submissions
Tertiary Education Policy
Ministry of Education
PO Box 1666
6. Date for submissions—All submissions must be received by 13 August 2009.
Dated at Wellington this 20th day of July 2009.
HON ANNE TOLLEY, Minister for Tertiary Education.
Conditions that the Tertiary Education Commission must attach to Youth Guarantee programmes funded through the student achievement component
1. Participants on Youth Guarantee programmes are not to be charged any fees or compulsory course costs.
2. These conditions apply to all provider types: tertiary education institutions (TEIs), private training establishments (PTEs) and other tertiary education providers (OTEPs).
3. The fee and course costs in relation to a particular course of study or training will be subject to these conditions if:
(a) the tertiary education organisation is the sole source of the item to which the cost would relate;
(b) all students enrolled in the relevant course of study or training would otherwise be required to pay the fee or course costs; and
(c) the charge would have met the guidelines for borrowing under the compulsory fees component
of the student loan scheme.
4. The following items are included for the purposes of this notice: Tuition fees, compulsory charges, and examination fees associated with a programme of study. The TEC may also specify additional items to be included in the maxima over and above those listed in this condition.
5. Where the TEC finds that a tertiary education provider is not complying with the conditions set out in this notice, it can withdraw student achievement component funding for that course. This sanction will only be exercised as a final resort, and the TEC will work with the provider to rectify any non-compliance in the first instance.
Note: Effect of this Notice
These notes do not form part of this notice, but are intended to indicate its general effect.
A. Section 159L(3)(d) of the Education Act 1989 (“the Act”) provides that the Minister, when determining the design of a funding mechanism, may specify the conditions that the TEC must attach to funding provided under the mechanism, including conditions that limit the fees that an organisation may charge domestic students.
B. Under section 159M(b) of the Act, the Minister may
not specify conditions setting limits on fees until two months after the date of publication of a notice in the New Zealand Gazette that:
(i) states that the Minister proposes to specify such conditions; and
(ii) sets out the proposed conditions; and
(iii) invites submissions on the proposed conditions; and
(iv) specifies the date by which submissions must be received, which must be a date no more than 21 days after the date of the New Zealand Gazette notice.
C. The conditions setting limits on fees subsequently specified by the Minister in accordance with section 159L(3)(d) of the Act must be attached as conditions
on the receipt of funding payable by the TEC to an organisation under sections 159YA and 159ZC of the Act.
D. Under sections 227(1A) and 236C of the Act, TEIs and PTEs respectively must not charge domestic students a fee that exceeds the maximum specified as a condition on funding approved by the TEC under sections 159YA and 159ZC of the Act.
*New Zealand Gazette, 28 May 2009, No. 76, page 1780