Statutory actions

This page lists NZQA’s current statutory actions.

Each statutory action listed includes a summary of the action and its current status. The actions are listed alphabetically by the tertiary education organisation’s (TEO’s) legal name.

Some actions remain on this page longer than others. Please check the sections below for more details.

What are statutory actions?

Statutory actions are actions taken in accordance with the provisions of the Education and Training Act 2020 (the Act).

When a non-university TEO or Code signatory is not compliant with the Act, NZQA Rules (made under section 452 of the Act), and/or the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 (the Code), NZQA has the legal power to use a range of statutory actions where relevant and applicable.

Wherever possible, NZQA works informally with the organisation in the first instance to address the identified non-compliance, for example, by way of a reminder, formal letter, or request for an action plan.

If an informal approach is unsuccessful, or the non-compliance is more serious or poses an immediate risk to students or the public, the case may be escalated to a statutory action.

What kind of statutory actions does NZQA use?

The different statutory actions NZQA uses, and how long they will remain on this page, are listed below:

Type Explanation Length of time on this page
Compliance notice Directs the organisation to do (or refrain from doing) something specific
Example: ensure that the organisation’s student files are accurate and complete by a given date
From when the compliance notice is issued to when it is closed
(removed a maximum of five working days after it is closed)
Conditions imposed Specify constraints that the organisation will be subject to; can be time-bound or indefinite
Example: submit extra assessment materials for moderation and demonstrate improved moderation results, or (for Code signatories) stop enrolling new international students
From when the condition is imposed, to when it is revoked
(removed a maximum of five working days after it is revoked)
Withdrawal Withdrawal of consent to assess against standards, training scheme approval, programme approval or programme accreditation For six months after the notice is issued
Removal of Code signatory status Prevents the Code signatory from enrolling any new international students, or continuing to have its existing international students enrolled For six months after the notice is issued
Cancellation of registration (private training establishments only) Removal of a private training establishment’s registration For six months after the notice is issued

Current statutory actions

Organisation name and MoE number Context and description of the statutory action Status

Newton College of Business and Technology Limited (NCBT)

MoE Number: 8437

Context
Concerns about the provider's assessment materials and practices in relation to the Diploma in Applied Business (Level 7) (‘the DAB7’).

Conditions imposed on 24/06/2021

Action ongoing

Description
Conditions imposed on the DAB7 with NCBT’s agreement that require the provider to cease enrolling new students, create an improvement plan to review assessment materials and learner work, carry out post-assessment moderation, and provide samples to NZQA for moderation.

New Zealand Institute of Studies Limited (NZIOS)

MoE Number: 7820

Context
Concerns about the provider's assessment materials and practices in relation to the New Zealand Certificate in English Language (Academic) (Level 4) (‘the L4 NZCEL’), and the English for Academic Purposes (EAP) standards that comprise the L4 NZCEL. 

Conditions imposed on 10/03/2022

Action Ongoing

Description
Conditions imposed with agreement on the provider’s accreditation to deliver the L4 NZCEL and consent to assess against the EAP standards that comprise it. The conditions require NZIOS to create an improvement plan to review assessment materials and learner work, carry out post-assessment moderation, and provide samples to NZQA for moderation. 

Note: Exemption conditions (e.g. under 348(1) of the Act) are not published as they do not relate to provider non-compliance, corrective action or intervention.

 
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