30 JUNE 2011 NEW ZEALAND GAZETTE, No. 90 2543

(d) that not allowing an exception will prevent the provider from making a significant contribution to the achievement of one or more of the Government’s priorities, as set out in the Tertiary Education Strategy 2010/15.

7. An application must satisfy all criteria to gain an exception.

Low or Zero Fee Courses

8. If the fee and course costs for a course are less than $511.11 (GST incl.) ($444.44 (GST excl.)) per Equivalent Full-Time Student (EFTS) in 2011, then for 2012, the provider can increase the fee to up to $511.11 (GST incl.) ($444.44 (GST excl.)) per EFTS, or can 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.

Pilot training

11. Providers of pilot training programmes are subject to the following conditions:

(a) Providers may not include the costs associated with meeting a solo flight hours requirement as a tuition fee for the purposes of this notice;

(b) providers that deliver pilot training that is funded by the TEC within the set EFTS cap may not charge fees in 2012 of more than:

(i) $28,000.00 (GST incl.) ($24,347.83 (GST excl.)) per EFTS for training in fixed wing aircraft or;

(ii) $50,000.00 (GST incl.) ($43,478.27 (GST excl.)) per EFTS for training in helicopters;

(c) for the avoidance of doubt, the AMFM of 4% still applies to individual courses; and

(d) paragraphs (a) and (b) above do not apply in the cases of students who were enrolled in affected programmes in 2011.

Sanctions

12. Where the TEC finds that a tertiary education organisation 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.

Environment

Climate Change Response Act 2002

New Zealand Emissions Trading Scheme

1. Final Allocations for Eligible Fishing Quota Owners

Pursuant to section 77 of the Climate Change Response Act 2002, the Director of Environmental Protection (under delegated authority of the Minister for Climate Change Issues), has made final determinations allocating the following New Zealand Units (NZUs) to eligible fishing quota owners as listed.

All fishing quota owners listed¹ are eligible to receive an allocation of NZUs under the Fishing Allocation Plan.

The NZUs allocated under these determinations have been transferred to the respective New Zealand Emission Unit Register (NZEUR) NZU holding accounts in the year stated below.

The following quota owners have opened NZEUR holding accounts and received NZUs in May 2011.