Education

Education Act 1989

The Education (Domestic Students) Notice 2012

Pursuant to section 2(1) paragraph (c) of the definition of the term "domestic student" of the Education Act 1989, the Minister of Education, by and through Marilyn Scott, Acting Group Manager, Ministry of Education, acting under delegated authority, gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Education (Domestic Students) Notice 2012.

   (2) This notice shall come into force on 1 July 2012.

2. Domestic students—Persons of the following class or description are required to be treated as if they are not international students:

   (a) The dependent child of any person who is in New Zealand to study under an exchange programme approved by the New Zealand Government.

   (b) A person who is in New Zealand to study under an approved New Zealand student exchange scheme offered by a Code signatory school or offered by an approved exchange programme organisation.

   (c) A person who has entered New Zealand for the purposes of adoption and:
   (i) whose adoption application before the New Zealand Family Court (where the Final Order will entitle that person to education as a domestic student) is supported by the Child, Youth and Family Service of the Ministry of Social Development and who has a letter from the service confirming that support; or
   (ii) who is the subject of an Interim Order of Adoption granted by the New Zealand Family Court under section 5 of the Adoption Act 1955 (where the Final Order will entitle that person to education as a domestic student).

   (d) The dependent child of an international student who is enrolled in a Doctor of Philosophy programme at a New Zealand university.

   (e) A person who is in the custody of the Chief Executive of the Ministry of Social Development pursuant to any of the following orders:
   (i) An order, pursuant to sections 78, 101 or 238(1)(d) of the Children, Young Persons, and their Families Act 1989, in favour of the Chief Executive of the Ministry of Social Development.
   (ii) An order, pursuant to section 110 of the Children, Young Persons, and their Families Act 1989, appointing the Chief Executive of the Ministry of Social Development as sole guardian.
   (iii) An order, pursuant to section 33 of the Care of Children Act 2004, whereby a child or young person is placed under the guardianship of the Family Court or the High Court and the Chief Executive of the Ministry of Social Development is appointed as agent of the Court with power and discretion to place the child.

   (f) The dependent child of an international student who is supported by a scholarship funded by the New Zealand Aid Programme administered by the Ministry of Foreign Affairs and Trade.

   (g) A person who has a letter from the Protocol Division of the 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 school year, until the end of the year in which that status expires.

   (h) A person who holds a student visa and who is the dependent child of the holder of a valid military visa¹.

   (i) A person who has, or who is the dependent child of any 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.

   (j) A person who has, or who is the dependent child of any 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.

   (k) A person who is the dependent child of any person who is a New Zealand citizen or the holder of a residence permit under the Immigration Act 1987 or of a residence class visa under the Immigration Act 2009 and whose own application for a residence class visa under the Immigration Act 2009 has been received and is being considered for approval by Immigration New Zealand at the time the student enrols.

   (l) A person who holds a student visa and who is the dependent child of a person who is the holder of a valid work visa (other than a work visa granted under the Crew of Foreign Chartered Fishing Vessels, Seasonal Work or Special 90 Day Trial Visa categories) until the end of the year in which the work visa expires¹.

   (m) A child who has been certified by the New Zealand police as a victim of people trafficking and who holds an unexpired temporary visa granted under the Immigration New Zealand "Child Victims of People Trafficking" policy.

   (n) A child who is unlawfully in New Zealand and who holds an unexpired approval from the Ministry of Education confirming that he or she meets all of the following criteria:
   (i) Either the child and the parent have been ordinarily resident and living together in New Zealand continuously for over six months or, in the case of a child who arrived in New Zealand before 23 August 2011, the child and the parent or the child and an extended family member have been ordinarily resident and living together in New Zealand continuously for over six months.

   (ii) Either the child has not been previously enrolled at a registered school in New Zealand or the child’s most recent enrolment was as a domestic student.

   (iii) Except for those children listed in paragraphs (A), (B) or (C) below, the child has not held an interim visa with study conditions, a visitor visa with study conditions, a limited purpose permit granted under the Immigration Act 1987 or a limited visa granted under the Immigration Act 2009.