Notice Type
Departmental
Notice Title

The Domestic Students (Tertiary Education) Notice 2019

Under paragraph (c) of the definition of the term “domestic student” in section 159 of the Education Act 1989, the Minister of Education by and through Grant Klinkum, Deputy Secretary Graduate Achievement, Vocations and Careers, Ministry of Education, acting under delegated authority, gives the following notice.

Notice

  1. Title and commencement

    (1) This notice may be cited as the Domestic Students (Tertiary Education) Notice 2019.

    (2) This notice shall come into force on 1 January 2020.

  2. Persons to be treated as if they are not international 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 international students:
    1. A person who has a letter from the Protocol Division of the New Zealand Ministry of Foreign Affairs and Trade confirming that they are 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.
    2. 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.
    3. 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.
    4. A person who is in New Zealand to study under a New Zealand Government approved exchange programme at a tertiary education provider.
    5. A person who is enrolled in a Doctor of Philosophy programme at a New Zealand university.
    6. A person who is enrolled at a tertiary education provider for the purpose of participating in industry training funded under the Industry Training and Apprenticeships Act 1992.
    7. A person who is enrolled at a tertiary education provider in a search and rescue course or training scheme that receives funding from the Tertiary Education Commission out of the Search and Rescue (Adult and Community Education) Fund.
    8. A person who is enrolled at a tertiary education provider in a short-term work-related training course that:
      1. receives no funding from the Tertiary Education Commission under section 159L of the Education Act; and
      2. is for a period of 10 days or less; and
      3. is required by their employer for the particular work being undertaken.
  3. Revocations–This notice revokes the following notices:
    1. The Education (Tertiary Domestic Students) Notice 2011, published in the New Zealand Gazette, 19 May 2011, No. 67, page 1620.
    2. The Domestic Students (Tertiary Education) Notice No. 2, 2011 published in the New Zealand Gazette, 17 November 2011, No. 176, page 5043.
    3. The Domestic Students (Tertiary Education) Notice 2016 published in the New Zealand Gazette, 29 September 2016, Issue No. 86, Notice No. 2016-go5579.

Dated at Wellington this 14th day of November 2019.

GRANT KLINKUM, Deputy Secretary Graduate Achievement, Vocations and Careers, Ministry of Education.