18 JANUARY NEW ZEALAND GAZETTE 135

(1) For the purposes of this clause, a "conjoint course" or "conjoint programme" means a course or programme offered or provided jointly by two tertiary institutions which requires a student who is undertaking that course or programme to be enrolled at both institutions.

(2) No student shall be required to pay a tuition fee of more than $1,250 in any year for any conjoint course or programme.

9. Fees paid before 1990—Notwithstanding any other provision of this notice, every domestic student enrolled in a course that—

(a) the council of the tertiary institution concerned determines to be equivalent to or less than a full-time, full-year course; and

(b) commenced before 1 January 1990,

—shall, if that student, before 1 January 1990, paid the full tuition fee fixed before that date for that course, be exempted from the payment of any further tuition fee in respect of that course.

10. Fees include GST—All fees and amounts specified in this notice are inclusive of goods and services tax.

Dated this 15th day of January 1990.

P. B. GOFF, Minister of Education.

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The Tertiary Education Fees Notice 1990

Pursuant to section 675A and section 94 of the Education Act 1964, section 47A of the University of Auckland Act 1961, section 47A of the University of Waikato Act 1963, section 47A of the Massey University Act 1963, section 48A of the Victoria University of Wellington Act 1961, section 48A of the University of Canterbury Act 1961, section 34A of the University of Otago Amendment Act 1961 and section 46A of the Lincoln University Act 1961, the Minister of Education hereby gives the following notice:

Notice

1. Title and Commencement—(1) This notice may be cited as the Tertiary Education Fees Notice 1990.

(2) This notice shall come into force on the date of its publication in the Gazette.

2. Interpretation—In this notice, unless the context otherwise requires—

“Council” means the governing body of a tertiary institution and in relation to a tertiary institution means its governing body.

“Domestic student” means a person enrolled at a tertiary institution who is a domestic student within the meaning of section 2(1) of the Education Act 1989.

“Full-time, full-year course” means any course at a tertiary institution that the council for the time being determines to be a full-time, full-year course.

“ISCED level 9 course” means any course at a tertiary institution that the Secretary of Education for the time being determines to be an International Standard Classification of Education (ISCED) level 9 course.

“Tertiary institution” means an institution that is a technical institute, community college or teachers college within the meaning of the Education Act 1964, or a university within the meaning of the Universities Act 1961.

3. Fees include GST—All fees and amounts specified in this notice are inclusive of goods and services tax.

4. Tuition Fees—Subject to clause 5 of this notice and the Tertiary Education Fees (Exemptions) Notice 1990—

(a) the tuition fee for every full-time, full-year course at a tertiary institution shall be $1,250;

(b) the tuition fee for every course at a tertiary institution that the council determines to be equivalent to more than one-tenth of, but less than, a full-time, full-year course, shall be a sum that bears the same relation to $1,250 as the council considers that course bears to a full-time, full-year course;

(c) the tuition fee for every course at a tertiary institution that the council determines to be equivalent to one-tenth of a full-time, full-year course shall be $125.

5. Certain courses exempt—Nothing in clauses 4, 7, 8, 9, 10 or 11 of this notice applies to any—

(a) ISCED level 9 course;

(b) LINK programme;

(c) Course provided pursuant to the Access Training Scheme;

(d) Master of Business Administration degree course at the University of Canterbury or Victoria University of Wellington;

(e) Professional Legal Studies course administered by the Council of Legal Education.

6. Council may fix certain fees—The tuition fee for any course—

(a) Specified in paragraph (a), (b) or (c) of clause 5 of this Notice; or

(b) that the council of the tertiary institution concerned determines to be equivalent to less than one-tenth of a full-time, full-year course—

may be fixed independently.

7. Certain students may pay in three instalments—(1) The Council of a tertiary institution shall accept from any domestic student enrolled in a full-time, full-year course—

(a) whose tuition fee is or exceeds $625; and

(b) who wishes to pay that fee by instalment—

payment of that fee in not less than three equal instalments on such dates as may be specified by the council.

(2) The dates specified by the Council under subclause (1) of this clause shall divide the course into parts of an equal length.

8. Certain students may pay in two instalments—(1) The council of a tertiary institution shall accept from any domestic student—

(a) who is enrolled in a course or programme that the council of the tertiary institution concerned determines to be equivalent to one half or more of, but less than, a full-time, full-year course; and

(b) whose tuition fee is or exceeds $625; and

(c) who wishes to pay that fee by instalment

—payment of that fee in not less than two equal instalments on such dates as may be specified by the council.

(2) The dates specified by the council under subclause (1) of this clause shall divide the course into parts of an equal length.

9. Refunds—Subject to clause 10 and clause 11 of this notice, where any domestic student who has paid a tuition fee of or exceeding $208 withdraws from all or part of the student’s course on or before the 28th day after the commencement of that course, or within such other period as may be prescribed by the council before the commencement of that course, the council shall refund to the student—

(a) in the case of a domestic student who withdraws from all of his or her course, the tuition fee the student has paid in respect of that course; and

(b) in the case of a domestic student who withdraws from part of his or her course, the amount (if any) by which the tuition fee paid by that student exceeds the tuition fee payable in respect of the student’s reduced course.