Student Fee Protection Rules 2013 (v5)

3. Interpretation

  1. In these Rules, unless the context otherwise requires:

Act means the Education Act 1989:

Agent means a person to whom section 234D(1) of the Act applies, regardless of whether or not that person has been appointed by the Student:

Alternative Provider means a university, polytechnic, wānanga, or registered private training establishment:

Approved Independent Trustee means an independent trustee as defined in section 234C(1) of the Act where that trustee has no conflict of interest in carrying out the role of trustee for the Provider and is approved by NZQA under Rule 11.1; and includes firms of accountants and lawyers acting through an accountant or lawyer who is an independent trustee of that kind:

Compliant, in relation to a Provider or Agent and a Mechanism, means the Provider or Agent and Mechanism meet the requirements specified in the Act and under provisions of the Act (including under these Rules and under sections 235A(1)(c) and 235B of the Act):

Conditions Dependent Course means a Course, or part of it, that is dependent on weather or water conditions, or that involves self-paced learning:

Course means a programme or training scheme that is not Exempt:

Course Closure Event means:

(a)   the provider is no longer delivering or capable of delivering the Course for which students are Enrolled;
(b)   any regulatory closure of the Provider;
(c)   insolvency of the Provider;
(d)   the Provider ceases to operate or loses its body corporate status;
(e)   any cancellation by NZQA of the Provider’s registration;
(f)   any withdrawal by NZQA of the Provider’s accreditation to provide a programme;
(g)   any withdrawal by NZQA of the Provider’s training scheme approval; or
(h)   the Provider ceases to be a signatory to the Education (Pastoral Care of International Students) Code of Practice 2016

Enrolled means (and Enrol, Enrolling, and Enrolment have corresponding meanings):

(a)   the Student has accepted an offer from the Provider of entry into a Course at the Provider, and the Provider has received that acceptance; or
(b)   the Student is recorded by the Provider as enrolled with the provider or in a Course of the Provider:

Exempt means a programme or training scheme exempt from the requirements of section 234E(1) by rules made under section 253(1)(pb) of the Act:

Mechanism means any of the Student Fee Protection Mechanisms (including their requirements) detailed in Appendix B:

NZQA means the New Zealand Qualifications Authority:

Pro Rata Refund means a refund of Student Fees paid by the student for which services or goods have not been provided to the Student, with the Tuition Fees component of the refund being calculated in accordance with Appendix C:

Provider means a private training establishment as defined in section 159(1) of the Act:

Refund Period means, in relation to -

(a)   international Students on a Course of three months’ duration or more, the Refund Period referred to in section 235A(1)(a) and as specified in a Gazette notice made under section 235B of the Act:
(b)   international or domestic Students on a Course of less than three months’ duration, the Refund Period specified by NZQA for the purposes of sections 235(1A) and 235A(1)(c) of the Act:
(c)   domestic Students on a Course of three months duration or more, the Refund Period defined in section 234C(1) of the Act:

Student means any domestic student or international student:

Student Fees means any and all funds of the following kinds that are paid by or on behalf of a Student in respect of a Course:
(a)   Tuition Fees:
(b)   accommodation expenses, travel and health insurance, and living expenses:
(c)   any other financial commitments associated with the Course:

Supplier means a supplier of a Mechanism approved under Rule 11, and for the avoidance of doubt includes Approved Independent Trustees:

Tuition Fees means the gross payment relating to all costs of a Course (for the avoidance of doubt including commissions, Course expenses, and other financial payments related to the Course) paid by or on behalf of a Student. 

  1. Other terms used in these Rules that are defined in the Act are: accreditation; polytechnic; private training establishment; programme; training scheme; university; wānanga. 


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