Pursuant to section 2(1) paragraph (c) of the definition of the term "domestic student" of the Education Act 1989, the Minister of Education, by and through Marilyn Scott, Acting Group Manager, 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 Education (Domestic Students) Notice 2012.
(2) This notice shall come into force on 1 July 2012.
2. Domestic students-Persons of the following class or description are required to be treated as if they are not international students:
(a) The dependent child of any person who is in
New Zealand to study under an exchange programme approved by the New Zealand Government.
(b) A person who is in New Zealand to study under an approved New Zealand student exchange scheme offered by a Code signatory school or offered by an approved exchange programme organisation.
(c) A person who has entered New Zealand for the purposes of adoption and:
(i) whose adoption application before the
New Zealand Family Court (where the Final Order will entitle that person to education as a domestic student) is supported by the Child, Youth and Family Service of the Ministry of Social Development and who has a letter from the service confirming that support; or
(ii) who is the subject of an Interim Order of Adoption granted by the New Zealand Family Court under section 5 of the Adoption Act 1955 (where the Final Order will entitle that person to education as a domestic student).
(d) The dependent child of an international student who is enrolled in a Doctor of Philosophy programme at a New Zealand university.
(e) A person who is in the custody of the Chief Executive of the Ministry of Social Development pursuant to any of the following orders:
(i) An order, pursuant to sections 78, 101 or 238(1)(d) of the Children, Young Persons,
and their Families Act 1989, in favour of the Chief Executive of the Ministry of Social Development.
(ii) An order, pursuant to section 110 of the Children, Young Persons, and their Families
Act 1989, appointing the Chief Executive
of the Ministry of Social Development as sole guardian.
(iii) An order, pursuant to section 33 of the Care of Children Act 2004, whereby a child or young person is placed under the guardianship of
the Family Court or the High Court and the Chief Executive of the Ministry of Social Development is appointed as agent of the Court with power and discretion to place the child.
(f) The dependent child of an international student
who is supported by a scholarship funded by the New Zealand Aid Programme administered by
the Ministry of Foreign Affairs and Trade.
(g) A person who has a letter from the Protocol Division of the 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 school year, until the end of the year in which that status expires.
(h) A person who holds a student visa and who is the dependent child of the holder of a valid military visa1.
(i) A person who has, or who is the dependent child of any 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.
(j) A person who has, or who is the dependent child of any 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.
(k) A person who is the dependent child of any person who is a New Zealand citizen or the holder of a residence permit under the Immigration Act 1987 or of a residence class visa under the Immigration Act 2009 and whose own application for a residence class visa under the Immigration Act 2009 has been received and is being considered for approval by Immigration New Zealand at the time the student enrols.
(l) A person who holds a student visa and who is the dependent child of a person who is 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 expires1.
(m) A child who has been certified by the New Zealand police as a victim of people trafficking and who holds an unexpired temporary visa granted under the Immigration New Zealand "Child Victims of People Trafficking" policy.
(n) A child who is unlawfully in New Zealand and who holds an unexpired approval from the Ministry of Education confirming that he or she meets all of the following criteria:
(i) Either the child and the parent have been ordinarily resident and living together in
New Zealand continuously for over six
months or, in the case of a child who arrived
in New Zealand before 23 August 2011, the child and the parent or the child and an extended family member have been ordinarily resident and living together in New Zealand continuously for over six months.
(ii) Either the child has not been previously enrolled at a registered school in New Zealand or the child’s most recent enrolment was as a domestic student.
(iii) Except for those children listed in paragraphs (A), (B) or (C) below, the child has not held 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) Children who have held a student visa or permit issued under the Immigration Act 1987 or the Immigration Act 2009.

(B) Children who have 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.
(C) Children who arrived in New Zealand before 23 August 2011.
3. Interpretation and transitional provisions-(1) For the purposes of paragraph (b) of clause 2 of this notice,
an approved New Zealand student exchange scheme or an approved exchange programme organisation means a scheme or organisation holding an unexpired approval from the Ministry of Education dated on or after 1 July 2012.
(2) Until 1 July 2013, a student exchange scheme or an exchange programme organisation approved by the
Ministry of Education before 1 July 2012 is deemed to
be an approved New Zealand student exchange scheme
or an approved exchange programme organisation for the purposes of subclause (1) of this clause.
(3) Any scheme or organisation with deemed approval under subclause (2) of this clause must apply to the Ministry of Education to continue their approval beyond 1 July 2013.
4. Revocations-This notice revokes the following notices:
(a) The Education (Domestic Students) Notice 2010 Amendment No 3, published in the New Zealand Gazette, 12 April 2012, No. 41, page 1226.
(b) Changes to the Domestic Student Criteria for Children Who Live Unlawfully in New Zealand notice, published in the New Zealand Gazette,
12 January 2012, No. 1, page 32.
(c) The Education (Domestic Students) Notice 2010, Amendment No. 2, published in the New Zealand Gazette, 22 December 2011, No. 200, page 5730.
(d) Amendments to the Education (Domestic Students) Amendment Notice 2010, published in the Supplement to the New Zealand Gazette, 21 February 2011, No. 17, page 377.
(e) The Education (Domestic Students) Notice 2010, published in the New Zealand Gazette, 2 December 2010, No. 164, page 4093.
(f) Amendment to the Education (Domestic Students) Notice 2001, published in the New Zealand Gazette, 12 August 2010, No. 99, page 2625.
(g) The Education (Domestic Students) Notice 2008, published in the New Zealand Gazette, 21 August 2008, No. 131, page 3408.
(h) The Education (Domestic Students) Notice 2007, published in the New Zealand Gazette, 14 June 2007, No. 64, page 1686.
(i) The Education (Domestic Students) Notice 2005, published in the New Zealand Gazette, 13 October 2005, No. 175, page 4403.
(j) The Education (Domestic Students) Notice 2003, published in the New Zealand Gazette, 9 January 2003, No. 1, page 57.
(k) The Education (Foreign Students) Notice 2002, published in the New Zealand Gazette, 21 March 2002, No. 26, page 731.
(l) The Education (Domestic Students) Notice 2001, published in the New Zealand Gazette, 1 February 2001, No. 11, page 247.
Dated at Wellington this 7th day of June 2012.
MARILYN SCOTT, Acting Group Manager, Ministry of Education.
Annotation of Note
1The references to a student visa, a military visa, or a work visa in these paragraphs include an interim visa letter from Immigration New Zealand which continues the visa type and conditions of that student, military, or work visa, until the end of the period stated in the interim visa letter.