29 JULY 2010 NEW ZEALAND GAZETTE, No. 92

increase the fee for the course by 4%, whichever is the greater.

Youth Guarantee Programmes
9. Participants on youth guarantee programmes funded through the student achievement component are not to be charged any fees or compulsory course costs.

Professional Masters Programmes
10. Professional masters programmes (eg MBAs) are exempt from any limit on fee increases.

Sanctions
11. Where the TEC finds that a tertiary education provider is not complying with the conditions set out in this notice, it can withdraw student achievement component funding for that course. This sanction will only be exercised as a final resort, and the TEC will work with the provider to rectify any non-compliance in the first instance.

Note: Effect of this Notice
These notes do not form part of this notice, but are intended to indicate its general effect.

A. Section 159L(3)(d) of the Education Act 1989 ("the Act") provides that the Minister, when determining the design of a funding mechanism, may specify the conditions that the TEC must attach to funding provided under the mechanism, including conditions that limit the fees that an organisation may charge domestic students.

B. Under section 159M(b) of the Act, the Minister may not specify conditions setting limits on fees until two months after the date of publication of a notice in the New Zealand Gazette that:

(i) states that the Minister proposes to specify such conditions; and

(ii) sets out the proposed conditions; and

(iii) invites submissions on the proposed conditions; and

(iv) specifies the date by which submissions must be received, which must be a date no more than 21 days after the date of the New Zealand Gazette notice.

C. The conditions setting limits on fees subsequently specified by the Minister in accordance with section 159L(3)(d) of the Act must be attached as conditions on the receipt of funding payable by the Tertiary Education Commission to an organisation under sections 159YA and 159ZC of the Act.

D. Under sections 227(1A) and 236C of the Act, TEIs and PTEs respectively must not charge domestic students a fee that exceeds the maximum specified as a condition on funding approved by the TEC under sections 159YA and 159ZC of the Act.

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Education (Early Childhood Services) Regulations 2008

Licensing Criteria for Kōhanga Reo Affiliated With Te Kōhanga Reo National Trust Amendment Notice 2010

Pursuant to Regulation 41(3) of the Education (Early Childhood Services) Regulations 2008, I notify that the Licensing Criteria for Kōhanga Reo affiliated with the Te Kōhanga Reo National Trust 2008 notified in the New Zealand Gazette, 24 July 2008, No. 116, page 3074, were amended by the Minister of Education on 12 July 2010.

The amended criteria, which have been prescribed by the Minister of Education in accordance with Regulation 41(1) of the Education (Early Childhood Services) Regulations 2008 for the purpose of assessing compliance with the minimum standards set out in the above-mentioned Regulation, come into effect the day after notification in the New Zealand Gazette.

Printable copies of the above-mentioned criteria are available from the Ministry of Education website www.lead.ece.govt.nz

Dated at Wellington this 23rd day of July 2010.

KAREN SEWELL, Secretary for Education.
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Fisheries

Fisheries (Commercial Fishing) Regulations 2001

Fisheries (Seabird Sustainability Measures—Bottom Longlines) Circular (No. 2) 2010 (No. F548)

Pursuant to Regulation 58A of the Fisheries (Commercial Fishing) Regulations 2001, the Chief Executive of the Ministry of Fisheries issues the following circular.

Notice

1. Title—This notice is the Fisheries (Seabird Sustainability Measures—Bottom Longlines) Circular (No. 2) 2010.

2. Commencement—This notice comes into force the day after its notification in the New Zealand Gazette.

3. Exemption to seabird sustainability measures—From the date that this notice comes into effect, consent is given for the vessel Tasman Viking to discharge offal or whole fish during hauling on the same side of the vessel to which the hauling station is located, despite clause 9(2) of the Fisheries (Seabird Sustainability Measures—Bottom Longlines) Circular 2010.

4. Restriction on consent given—The consent given in clause 3 is subject to the following conditions:

(a) Offal and whole fish must be held in batches and discharged together;

(b) discharge must only be done when either:

(i) a minimum of 200kg of offal has accumulated; or

(ii) a maximum of 400kg of whole fish has accumulated;

(c) each discharge event must last no longer that 5 minutes;

(d) the estimated weight of discharge for each event must be recorded, with weight of offal and whole fish discard recorded separately;

(e) the start and end time of the discharge must be recorded; and

(f) a Ministry of Fisheries observer must be carried on the first two trips operating under the measures specified in this notice.

5. Expiry—This notice expires at the close of 31 October 2010.

Dated at Wellington this 23rd day of July 2010.

AOIFE MARTIN, Fisheries Manager Deepwater (acting pursuant to delegated authority), Ministry of Fisheries.
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