NEW ZEALAND GAZETTE, No. 67 19 MAY 2011

(e) Student services fees.
(f) Airport pickup.
(g) Insurance.
(h) Accommodation.

7. Expenses to be shown by private training establishment—In order for a private training establishment to deduct up to the maximum percentage specified in clause 5 in relation to a foreign student who is entitled to a refund under section 236A(1)(f) of the Act, the establishment must show that:

(a) it has incurred expenses under 1 or more of the cost components set out in paragraphs (a) to (h) of clause 6; and

(b) those incurred expenses add up to an amount that is equal to, or more than, the amount retained by the establishment.

Dated at Wellington this 10th day of May 2011.

HON STEVEN JOYCE, Minister Responsible for the Administration of Part 18 of the Education Act 1989.

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

This notice, which comes into force on 20 June 2011, sets out the refund requirements for foreign students at private training establishments (PTEs) who withdraw from courses of three months or more.

The notice specifies:

• the period within which a student may withdraw from the course and be entitled to a refund; and

• the maximum percentage of payments made by a student that the PTE may retain; and

• the cost components of the total fee payments on which that maximum percentage is determined.

The PTE must show it has incurred the cost components in relation to the student in order to deduct up to the maximum percentage from the refund.

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The Domestic Students (Tertiary Education) Notice 2011

Pursuant to paragraph (c) of the definition of the term "domestic student" in section 159 of the Education Act 1989, the Minister for Tertiary Education, by and through Rob McIntosh, Deputy Secretary, Tertiary, International and System Performance, Ministry of Education, acting under delegated authority, gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Domestic Students (Tertiary Education) Notice 2011.

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

2. Persons to be treated as if they are not foreign students—For the purposes of Part 13 and Part 13A to Part 24 and Schedules 13 to 17 of the Education Act 1989, persons of the following class or description are required to be treated as if they are not foreign students:

(a) A person who has a letter from the Protocol Division of the New Zealand Ministry of Foreign Affairs and Trade confirming that he or she is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971 for the current academic year, until the end of the year in which that status expires.

(b) A person who has made a claim to be recognised as a refugee or a protected person in accordance with Part 5 of the Immigration Act 2009, and who is the holder of a valid temporary visa.

(c) A person who has been recognised as a refugee or a protected person in accordance with Part 5 of the Immigration Act 2009, and whose application for residence is being processed.

(d) A person who is in New Zealand to study under a New Zealand Government approved exchange programme at a tertiary education provider.

(e) A person who is enrolled in a Doctor of Philosophy programme at a New Zealand university.

3. Revocations—This notice revokes the following notices:

• The Domestic Student Interpretation Notice 1991, published in the New Zealand Gazette, 20 June 1991, No. 90, page 1963.

• Education (Domestic Students) Notice 1992, published in the New Zealand Gazette, 13 August 1992, No. 127, page 2766.

• Education (Foreign Students) Notice 1994, published in the New Zealand Gazette, 24 November 1994, No. 124, page 3653.

• The Education (Tertiary Domestic Students) Notice 2005, published in the New Zealand Gazette, 13 October 2005, No. 175, page 4403.

Dated this 11th day of May 2011.

ROB MCINTOSH, Deputy Secretary, Tertiary, International and System Performance, Ministry of Education.

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Private Schools Conditional Integration Act 1975

Supplementary Integration Agreements

Pursuant to section 10 of the Private Schools Conditional Integration Act 1975, notice is given that supplementary integration agreements have 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 proprietors of the following schools:

• De La Salle College, Mangere (94).
• Sancta Maria Catholic Primary School, Flat Bush (618).
• St Mary’s School, Ellerslie (1504).

The said supplementary integration agreements were executed on 13 May 2011.

Copies of the supplementary integration agreements are 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 13th day of May 2011.

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

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