Under sections 227A(5) and 235D(5) of the Education Act 1989, I give notice of the proposed directions relating to compulsory fees for student services. This will replace the notice titled “Ministerial Direction on Compulsory Student Services Fees for 2014”, published in the New Zealand Gazette, 19 December 2013, No. 172, page 4700, that came into effect on 15 January 2014.

Notice

Title—This notice may be cited as the Education (Compulsory Student Services Fees) Notice 2019.

Commencement—Providers must give effect to the direction as soon as reasonably practical after 30 June 2019.

Proposal—I propose to give directions on compulsory student services fees pursuant to sections 227A(1) and 235D(1) of the Education Act 1989. The proposed direction adds requirements for providers charging a compulsory student services fee to publish certain information on their websites. These requirements were initially implemented on 1 January 2017 as conditions on funding under section 159L of the Education Act 1989. Changes that came into effect through the Education (Tertiary Education and Other Matters) Amendment Act 2018 mean that these requirements can now be included in the ministerial direction for compulsory student services fees.

Call for submissions—Any tertiary education provider, student organisation and any other person, body or organisation that has an interest in this matter is invited to make a submission on the proposed direction as set out in this notice. All submissions should be sent to:

Compulsory Student Services Fees Submissions, Tertiary Education Policy, Ministry of Education, PO Box 1666, Wellington 6140. Email: Tertiary.Strategy@education.govt.nz.

Date for submissions—All submissions must be received by 31 May 2019.

Dated at Wellington this 9th day of May 2019.

Hon CHRIS HIPKINS, Minister of Education.

Proposed Direction on Compulsory Student Services Fees for 2019

Pursuant to sections 227A(1) and 235D(1) of the Education Act 1989, I give the following direction to institutions and private training establishments (together referred to in this direction as “providers”):

1. Objective—The objective of the direction is to ensure accountability in the use of compulsory fees for student services.
2. Coverage—All providers that charge compulsory student services fees to domestic students must comply with the provisions of this direction.
3. Effective date—Providers must give effect to this direction as soon as reasonably practicable after 30 June 2019.
4. Decision-making—Providers must establish adequate arrangements for decisions to be made jointly, or in consultation with the students enrolled at the provider, or their representatives, on the following matters:
   1. The maximum amount that students will be charged for student services; and
   2. the types of services to be delivered (within the categories set out under paragraph 9 of this direction); and
   3. the procurement of these services; and
   4. the method for authorising expenditure on these services.
5. Accounting for the use of compulsory student services fees—Providers must either hold compulsory student services fees in a separate bank account, or ensure that all income and expenditure associated with the provision of such services is separately accounted for in the provider’s accounting system.
6. Reporting on compulsory student services fees—Institutions must provide information on compulsory student services fees through their annual report, or in the case of registered private training establishments, through a written report to students. Institutions and registered private training establishments must include the following information in their annual report or written report to students:
   1. a description of the services funded out of the compulsory student services fee; and
   2. a statement of the fee income and expenditure for each type of student service; and
   3. the compulsory student services fee levy charged per equivalent full-time student (EFTS); and
   4. a statement describing how the provider is complying with the accounting requirements of the direction specified in paragraph 5.
7. Private training establishment’s written reports to students—Registered private training establishments charging the compulsory student service fee must provide to the Tertiary Education Commission a copy of the report that is provided to students. A copy of the report must be sent to:
   Compulsory Student Services Fee Submissions, Monitoring and Crown Ownership, The Tertiary Education Commission, PO Box 27048, Wellington 6141. Email: cssf@tec.govt.nz.
8. Publishing information online—Providers charging compulsory student services fees must, as soon as reasonably practicable each year, publish the following information on their website:
   1. basic compulsory student services fee information for the year, including the amount charged per EFTS and a description of the student services the fee supports; and
   2. a description of the current year’s compulsory student services fee decision-making process – including a description of how the current fee and services offered were determined, how consultation with students occurred and what the decisions were; and
   3. a description of how students can be involved in compulsory student services fee decisions for the following year – how TEOs propose to consult with their students and what issues might be considered.
9. Categories of student services—Providers may charge compulsory student services fees to support the delivery of the following categories of services:
   1. Advocacy and legal advice – Advocating on behalf of individual students and groups of students, and providing independent support to resolve problems. This includes advocacy and legal advice relating to accommodation.
   2. Careers information, advice and guidance – Supporting students’ transition into post-study employment.
   3. Counselling services – Providing non-academic counselling and pastoral care, such as chaplains.
   4. Employment information – Providing information about employment opportunities for students while they are studying.
   5. Financial support and advice – Providing hardship assistance and advice to students on financial issues.
   6. Health services – Providing health care and related welfare services.
   7. Media – Supporting the production and dissemination of information by students to students, including newspapers, radio, television and internet-based media.
   8. Childcare services – Providing affordable childcare services while parents are studying.
   9. Clubs and societies – Supporting student clubs and societies, including through the provision of administrative support and facilities for clubs and societies.
   10. Sports, recreation and cultural activities – Providing sports, recreation and cultural activities for students.

Hon CHRIS HIPKINS, Minister of Education.