Notice Type
Notice Title

The Education (Fees-free Contestable Allocation SAC Levels 1 and 2 Provision) Notice 2014

Under sections 159L(3)(d) and 159M(b) of the Education Act 1989, the Minister for Tertiary Education gives notice of the proposed conditions requiring Student Achievement Component (SAC) provision under the Levels 1 and 2 contestable allocation process to be fees-free for learners.
N o t i c e
1. Title-This notice may be cited as the Education
(Fees-free Contestable Allocation SAC Levels 1 and 2 Provision) Notice 2014.
2. Commencement-The proposed conditions outlined in this notice apply from 1 January 2015.
3. Proposal-I propose:
(a) that a tertiary education organisation must not charge fees to learners enrolled in 2015 in a course that is at Level 1 or Level 2 on the New Zealand Qualifications Framework (NZQF) and funded though Student Achievement Component (SAC) under the "Competitive Allocation Process";
4. 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 fees-free Levels 1 and 2 provision.
All submissions should be sent to:
Fees-free Contestable Allocation Levels 1 and 2 Provision
Tertiary Education Policy
Ministry of Education
PO Box 1666
Wellington 6140
5. Date for submissions-All submissions must be received by 24 April 2014.
Dated at Wellington this 3rd day of April 2014.
HON STEVEN JOYCE, Minister for Tertiary Education.
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 Tertiary Education Commission (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 234A of the Act, Tertiary Education Institutions and Private Training Establishments 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.