NEW ZEALAND GAZETTE, No. 179

23 DECEMBER 2010

(ii) the make and model number of the chainsaw;

and

(iii) the date of the test and the results of the test; or

(b) a statement that the chainsaw complies with ISO 6535:2008 or clauses 19.107.1 and 19.107.2 of Part 2.13 of the ASINZS 60745.2.13:2006 ASINZS 60745.2.13:2006 (whichever is applicable) or a statement that the chainsaw complies with a standard that corresponds to and replaces either of those standards that sets out:

(i) the name and address of the supplier; and
(ii) the make and model number of the chainsaw; and
(iii) the date of the statement; and
(iv) the statement that: "The statement above is true to the best of my knowledge and belief. I am aware that a false statement may be a breach of the Fair Trading Act 1986 and may lead to a penalty of up to $60,000 for an individual and up to $200,000 for a company"; and
(v) the signature of the supplier.

Dated at Wellington this 16th day of December 2010.

JOHN BOSCAWEN, Minister of Consumer Affairs.

Explanatory Note
This note is not part of the notice but is intended to indicate its general effect.

This notice clarifies, for the avoidance of any doubt, the position originally set out in the Unsafe Goods (Chainsaws Without a Chain Brake) Notice 2009, that a chainsaw without a chain brake or a chainsaw with a chain brake that does not comply with the applicable standard are unsafe goods for the purpose of the Fair Trading Act 1986.

New Zealand Gazette, 24 September 2009, No. 140, page 3325

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Education

Education Act 1989

Maungatautari School (1822) Closure Notice

Pursuant to section 154 of the Education Act 1989, I hereby declare that Maungatautari School, Cambridge, will close on 27 January 2011 and will cease to be established on that day.

Dated at Wellington this 16th day of December 2010.

HON ANNE TOLLEY, Minister of Education.

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New School Establishment

Pursuant to section 98(1) of the Education Act 1964, I hereby establish a new special school for intermediate and secondary aged students who are in the care of Child, Youth and Family and are assessed to be more likely to have their individual needs met in a specialist environment.

The school will initially be known as Thurston Place College and will be situated in Thurston Place, Bucklands Beach, Auckland.

The school will open for instruction in term one, 2012.

Dated at Wellington this 9th day of December 2010.

HON ANNE TOLLEY, Minister of Education.

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Notice of Direction for Appointment of a Limited Statutory Manager for the Board of Trustees of Cobham School (2550)

Pursuant to section 78M of the Education Act 1989, I direct the Secretary for Education to appoint a limited statutory manager for the Cobham School Board of Trustees because of risks to the operation of the school and the educational performance of its students.

The following functions, powers and duties of the board are vested in a limited statutory manager:

• All functions, powers and duties of the board as an employer (whether statutory or otherwise);
• all functions, powers and duties of the board in curriculum management including teaching and assessment practice (whether statutory or otherwise); and
• all functions, powers and duties of the board to establish procedures and processes for school-wide self-review.

The limited statutory manager must also advise the board on consolidating all new and improved systems into board management practice.

This notice takes effect the day after the date of publication.

Dated at Wellington this 16th day of December 2010.

HON ANNE TOLLEY, Minister of Education.

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Risk Assessment Criteria for Tertiary Education Institutions

Background

Section 195A of the Education Act 1989 ("the Act") requires the Secretary for Education to determine and publish in the New Zealand Gazette criteria for assessing the level of risk to the operation and long-term viability of tertiary education institutions, and the level of risk to the education performance of students enrolled at polytechnics.

This notice sets out these criteria.

These risk assessment criteria will be considered by the Chief Executive of the Tertiary Education Commission (TEC) and the Minister for Tertiary Education ("Minister") when they consider whether an institution is at risk in a way that might warrant intervention in accordance with Parts 15 and 15A of the Act.

Whether the Chief Executive of the TEC or the Minister decides to initiate an intervention will depend on their assessment of the nature and level of the risk or risks, and the thresholds for the various types of intervention set out in the Act. Other relevant considerations may also be taken into account. For example, the Chief Executive of the TEC or the Minister will assess the appropriateness of the steps already being taken by the council of the institution before deciding whether or how to intervene.

Different interventions available under the Act have different risk level thresholds. These risk level thresholds are described by statements in the Act relating to whether:

• an institution "may be at risk" [sections 195B (provision of information), 222A (specialist help), and 222B (performance improvement plan)]
• the "operation or long term viability of an institution is at risk" [section 195C (Crown Observer)]
• "there is a serious risk to the operation or long-term viability of an institution" [sections 195D (Crown commissioner), and 222C (Crown manager)]
• "the education performance of the students at a polytechnic may be or is at risk" (this relates only to polytechnics) [sections 222A (specialist help), 222B (performance improvement plan)]