NZQA operates under the following legislation:

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

  • SECTION 4E - Courses for international 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.

NZQA's Rules

All of NZQA's rules are made under section 253 of the Education Act 1989 and have been approved by the NZQA Board and, when required, the appropriate Minister of the Crown.

See NZQA's Rules

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