Clause 2 of the Amendments to the Education (Domestic Students) Notice 20101 which inserted a new clause (g) in the Education (Domestic Students) Notice 20102 is deleted and the following new clause (g) is inserted in its place:
"(g) A child 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 parent3 have been ordinarily resident and living in New Zealand continuously for over six 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."
Dated at Wellington this 9th day of January 2012.
JEREMY WOOD, Group Manager, Ministry of Education.
Annotation of Notes
1New Zealand Gazette, 21 February 2011, No. 17, page 377
2New Zealand Gazette, 2 December 2010, No. 164, page 4093
3Parent 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.