Pursuant to paragraph (c) of the definition of the term "domestic student" in section 159 of the Education Act 1989, the Minister for Tertiary Education, by and through Rob McIntosh, Deputy Secretary, Tertiary, International and System Performance, Ministry of Education, acting under delegated authority, gives the following notice.
N o t i c e
1. Title and commencement-(1) This notice may be cited as the Domestic Students (Tertiary Education) Notice 2011.
(2) This notice shall come into force on the day after the date of its publication in the New Zealand Gazette.
2. Persons to be treated as if they are not foreign students-For the purposes of Part 13 and Part 13A to
Part 24 and Schedules 13 to 17 of the Education Act 1989, persons of the following class or description are required
to be treated as if they are not foreign students:
(a) A person who has a letter from the Protocol Division of the New Zealand Ministry of Foreign Affairs and Trade confirming that he or she is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act
1971 for the current academic year, until the end
of the year in which that status expires.
(b) A person who has made a claim to be recognised
as a refugee or a protected person in accordance with Part 5 of the Immigration Act 2009, and who is the holder of a valid temporary visa.
(c) A person who has been recognised as a refugee or a protected person in accordance with Part 5 of the Immigration Act 2009, and whose application for residence is being processed.
(d) A person who is in New Zealand to study under a New Zealand Government approved exchange programme at a tertiary education provider.
(e) A person who is enrolled in a Doctor of Philosophy programme at a New Zealand university.
3. Revocations-This notice revokes the following notices:
- The Domestic Student Interpretation Notice 1991, published in the New Zealand Gazette, 20 June
1991, No. 90, page 1963.
- Education (Domestic Students) Notice 1992, published in the New Zealand Gazette, 13 August 1992, No. 127, page 2766.
- Education (Foreign Students) Notice 1994, published in the New Zealand Gazette, 24 November 1994, No. 124, page 3653.
- The Education (Tertiary Domestic Students) Notice 2005, published in the New Zealand Gazette, 13 October
2005, No. 175, page 4403.
Dated this 11th day of May 2011.
ROB MCINTOSH, Deputy Secretary, Tertiary, International and System Performance, Ministry of Education.