23 DECEMBER 2010 NEW ZEALAND GAZETTE, No. 179 4445

(performance improvement plan), and 222C (Crown manager)].

The risk assessment criteria apply to three areas.

These are:

• organisational;
• financial; and
• educational.

Two of the risk assessment criteria cross-reference the Financial Monitoring Framework operated by the TEC from 1 January 2010(*)

To the extent that the Financial Monitoring Framework is incorporated by reference in this notice, it shall be taken to be the Financial Monitoring Framework in the form published by the TEC on its website as at the date of this notice. Any revision to the Financial Monitoring Framework will not be automatically included in this notice, and a replacement notice will need to be published in the New Zealand Gazette to give effect to any changes to the TEC’s Financial Monitoring Framework.

Nothing in this notice limits or affects the duties of a tertiary education institution council under section 181 of the Act, or any other duties or obligations of an institution or council under any other enactment.

Words and phrases used in this notice bear the same meaning as under the Act.

Criteria for Assessing the Level of Risk

Organisational

1. The council has not fulfilled, and continues not to fulfil, its statutory functions and duties under the Education Act 1989.

2. The council has failed, and continues to fail, to ensure the institution maintains adequate systems and processes for effective planning, and for the effective management of the financial and educational performance and infrastructure of the institution.

3. The council or the institution has failed, and continues to fail, to meet a material obligation under the Education Act 1989, Crown Entities Act 2004 or Public Finance Act 1989.

Financial

4. The institution is, or is at risk of being, unable to pay its debts as they become due in the normal course of business.

5. The institution has breached any of the conditions set by the Secretary for Education in a borrowing consent under section 192(7) of the Education Act 1989, and the breach has not been remedied.

6. The institution is in default under any loan or other facility agreement with a bank or other commercial lender, or the Crown, and the default has not been remedied.

7. The institution has an overall rating of Moderate Risk or High Risk in the most recent financial performance assessment carried out under the Financial Monitoring Framework operated by the TEC from 1 January 2010(*)

   The overall financial performance assessment under the Financial Monitoring Framework covers the dimensions of the shorter term financial viability and longer term sustainability of the institution.

8. The institution has a rating of Moderate Risk or High Risk under the financial viability criteria in its most recent financial performance assessment carried out under the Financial Monitoring Framework operated by the TEC from 1 January 2010(*)

   The financial viability criteria under the Financial Monitoring Framework focus on the shorter term financial performance of the institution.

Educational

9. The polytechnic has failed to meet the educational performance commitments in the Investment Plan agreed by the TEC.

10. The external evaluation and review of the polytechnic carried out under the auspices of the New Zealand Qualifications Authority, or by any Quality Assurance Board delegated under section 260 of the Act, has concluded that the relevant external quality assurance body is "not yet confident" or "not confident" in any aspect of the performance of the institution.

Dated at Wellington this 25th day of November 2010.

KAREN SEWELL, Secretary for Education.

Note: This notice replaces the one published in New Zealand Gazette, 28 February 2008, No. 41, page 1203.

Key to Annotation

(*) The Financial Monitoring Framework is available on the TEC’s website:
www.tec.govt.nz/Tertiary-Sector/Crown-interest/Financial-monitoring/Financial-performance-measures

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Private Schools Conditional Integration Act 1975

Supplementary Integration Agreement

Pursuant to section 10 of the Private Schools Conditional Integration Act 1975, notice is given that a supplementary integration agreement has been signed between the Minister of Education on behalf of Her Majesty The Queen, acting through the Group Manager, Education, Curriculum and Performance, Ministry of Education, pursuant to delegated authority, and the proprietor of the following school:

Elim Christian College (1190).

The said supplementary integration agreement was executed on 16 December 2010.

A copy of the supplementary integration agreement is available for inspection without charge by any member of the public via the following email address:

enquiries.auckland@minedu.govt.nz

Dated at Wellington this 16th day of December 2010.

JEREMY WOOD, Group Manager, Education, Curriculum and Performance.

go9749

Supplementary Integration Agreement

Pursuant to section 10 of the Private Schools Conditional Integration Act 1975, notice is given that a supplementary integration agreement has been signed between the Minister of Education on behalf of Her Majesty The Queen, acting through the Group Manager, Education, Curriculum and Performance, Ministry of Education, pursuant to delegated authority, and the proprietor of the following school:

Roncalli College, Timaru (358).

The said supplementary integration agreement was executed on 13 December 2010.