10 JULY

NEW ZEALAND GAZETTE

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courses of less than three months to make provision for
early withdrawals and refunds.

Following consultation, the New Zealand Qualifications
Authority Board has made the following decisions on the
exemption criteria and the policy for early withdrawals and
refunds.

These policies have been published on the New Zealand
Qualifications Authority web site.

Exemption criteria for the exemption of courses less
than three months

A course may be exempt from the provisions of section
232 (1) of the Education Act 1989, if the course is
recreational in nature.

A course is deemed to be recreational in nature if its intent
meets one of the following definitions:

Hobby:
An activity undertaken regularly for pleasure. The
participant is in pursuit of a field of interest rather
than an educational outcome.

Leisure activity:
An action taken in pursuit of a recreational outcome.
The participant aims to gain skills in the field of a
leisure activity. The participant would not expect to
achieve an educational outcome in relation to further
or higher study, or entry into employment.

Experiential:
Involving or based on experience or observation. The
participant would be seeking through experience or
observation to gain skills associated with a field of
personal interest and would not expect to gain an
educational outcome associated with further study or
entry into employment.

Withdrawals and refunds for courses of less than three
months delivered to foreign students

Section 236 (1) (d) (iv) of the Education Act 1989 states that
the establishment allows, or will allow, every foreign
student enrolled in a course of study or training that is of
less than three months’ duration to withdraw from it within
a period (being less than seven days) specified by the
authority, and refunds, or will refund, to any student who so
withdraws a minimum amount or proportion, specified by
the authority, of any payments made by the student to the
establishment in respect of that course.

The New Zealand Qualifications Authority Board has
approved the following in relation to this requirement:

Where a foreign student enrolled at a private training
establishment in a course of study or training, that is less
than three months’ duration, withdraws from such a course,
the following minimum refund entitlement will apply:

(a) For courses of up to and including four weeks and
six days:
(i) where a foreign student withdraws within the first
two days of the course for which attendance of
students at the private training establishment is
required, the private training establishment may
retain up to 50% of the full amount of any
payments made by the student to the private
training establishment in respect of the course;
and must refund the balance to the student;
unless
(ii) two days constitutes the full amount of tuition
paid for by the student, in which case the
provider may retain 100% of the payment made
in respect of the course.

(b) For courses of five weeks or more but less than three
months:
(i) where a foreign student withdraws within the first
five days of the course for which attendance of
students at the private training establishment is
required, the private training establishment may
retain up to 25% of the full amount of any
payments made by the student to the private
training establishment in respect of the course;
and must refund the balance to the student.

These policies were approved by the New Zealand
Qualifications Authority Board and were effective as from
1 July 2003.

Dated at Wellington this 22nd day of June 2003.

GRAEME FRASER, Board Chairperson, New Zealand
Qualifications Authority.

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Land Notices

Conservation Act 1987

Resource Management Act 1991

Authorisation of Exchange of Marginal Strip for
Another Strip of Land

Pursuant to section 24E (1) of the Conservation Act 1987,
and to a delegation from the Minister of Conservation,
the Acting Auckland Conservator of the Auckland
Conservancy of the Department of Conservation authorises
the exchange of the marginal strips deemed to be reserved
on the disposition, pursuant to section 355 of the Resource
Management Act 1991, of those parcels of land described
in the First Schedule for that strip of land in the Second
Schedule and which shall thereafter be deemed to be
reserved as marginal strip pursuant to section 24E (3) of the
Act.

North Auckland Land District—Papakura District

First Schedule

1600 square metres, being Lot 1, D.P. 196443, certificate of
title 124C/520.

1600 square metres, being Lot 2, D.P. 196443, certificate of
title 124C/521.

Second Schedule

That part of Allotment 46, Parish of Papakura, part
certificate of title 535/289 (limited as to parcels), being
more particularly shown described as marginal strip on
S.O. 321346, subject to easement certificate B. 072939.

All situated in Block III, Drury Survey District.

Dated at Auckland this 1st day of July 2003.

WARWICK MURRAY.

(DOC File: SAR-05-18-04-18)

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