Legislation

NZQA operates under the following legislation:

The Education Act (1989). The relevant provisions of this Act are:

  • SECTION 4E - Courses for foreign students
  • PART 18 - Private Training Establishments
  • PART 18A - International Students
  • PART 20 - New Zealand Qualifications Authority
  • PART 24 - Miscellaneous Provisions (offences, injunctions and Court orders)
  • PART 30 - National student numbers

The Industry Training and Apprenticeships Act (1992). The relevant provisions of this Act are:

  • Sections 5-9 – NZQA has a role in Ministerial recognition of ITOs and cancellation of recognition
  • Sections 10 & 11A – NZQA also has a role in the activities of ITOs and other persons in relation to their funding plans
  • Section 11B – the obligations of ITOs are subject to NZQA quality assurance
  • Section 11C – NZQA may issue quality improvement notices to ITOs
  • Section 11D - NZQA may issue compliance notices to ITOs
  • Section 11F – NZQA may charge ITOs annual fees in relation to its quality assurance and monitoring roles
  • Section 13A – this section sets out NZQA’s monitoring roles
  • Section 13B – this section allows NZQA to prescribe quality assurance requirements for ITOs

NZQA is a statutory entity established under Part 20 of the Education Act 1989, and is a Crown agent in terms of the Crown Entities Act 2004 (and so also operates under that Crown Entities Act). NZQA has a range of functions, many of which are set out in section 246A of the Education Act 1989.

 
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