Pursuant to section 2(1) paragraph (c) of the definition of the term "domestic student" of the Education Act 1989, the Education (Domestic Students) Notice 2010 published in the New Zealand Gazette, 2 December 2010, No. 164, page 4093, ("the notice") is amended as follows:
1. Clause 2 of the notice is amended by deleting clause (c) and inserting the following clause (c) in its place:
"(c) A person who at the start of the school year held a student visa and who is the dependent child
of a parent who at the start of the school year was the holder of a valid work visa (other than
a work visa granted under the Crew of Foreign Chartered Fishing Vessels, Seasonal Work or Special 90 Day Trial Visa categories), until the end of the year in which the work visa expires".
2. Clause 2 of the notice is amended by deleting clause (g) and inserting the following clause (g) in its place:
"(g) A dependent child of a long stay migrant who
is unlawfully in New Zealand and who, on application to the Ministry of Education for enrolment under this category, is confirmed by the Ministry as meeting the following criteria:
(i) The student and the parent1 have been ordinarily resident and living unlawfully in New Zealand continuously for over
6 months; and
(ii) Either the student has not been previously enrolled at a registered school or the student’s most recent enrolment at a registered school or other provider within the meaning of section 238D of the Education Act 1989 was as a domestic student; and
(iii) Except for those students listed in subparagraphs (A) and (B) below, the student has not held a student permit
or student visa, an interim visa with
study conditions, a visitor visa with study conditions, a limited purpose permit granted under the Immigration Act 1987 or a limited visa granted under the Immigration Act 2009:
(A) A student who held a student visa or permit issued under the Immigration Act 1987 and whose most recent enrolment at a registered school was as a domestic student;
(B) A student who held a limited purpose permit issued under the Immigration Act 1987 for the purpose of study while the student’s immigration status was being determined and whose most recent enrolment at a registered school was as a domestic student."
3. This notice shall come into force on the day of its publication in the New Zealand Gazette.
Dated at Wellington this 17th day of February 2011.
JEREMY WOOD, Group Manager, Ministry of Education.
Annotation of Note
1Parent means the student’s mother, father, or legal guardian. Legal guardian means the person (a) with the legal right and responsibility to provide for the care (including education and health) of the student and appointed by a New Zealand or foreign court, or by testament; and (b) providing for the care of the student in the student’s home country.