NEW ZEALAND GAZETTE, No. 78

20 JUNE 2013

Crown Law

Judicature Act 1908

Appointment of Judge of the High Court

Pursuant to section 4 of the Judicature Act 1908, His Excellency the Governor-General of New Zealand, in the name and on behalf of Her Majesty The Queen, has been pleased to appoint

Brendan William Francis Brown, one of Her Majesty’s Counsel, of Wellington

a Judge of the High Court, the Commission to take effect on 1 July 2013.

Dated at Wellington this 10th day of June 2013.

HON CHRISTOPHER FINLAYSON, Attorney-General.

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Education

Education Act 1989

Corrigendum—Board of Trustees Election Invalidation Notice for Stanhope Road School, Auckland (1511)

Pursuant to clause 9(3A) of the Sixth Schedule to the Education Act 1989, and acting with authority delegated by the Minister of Education, I declare invalid the election for parent representatives for the board of trustees of Stanhope Road School, Auckland, require new elections to be held on 1 August 2013 and declare that the elected representatives who held office on the date of the invalid election remain in office until the close of the day before the day on which the new trustees take office following the new election.

This notice takes effect the day of publication.

Dated at Wellington this 17th day of June 2013.

MARILYN SCOTT, Acting Group Manager, Regional Operations, Ministry of Education.

Note: The notice published in the New Zealand Gazette, 13 June 2013, No. 74, page 1973, incorrectly included Stanhope Road School, Auckland (1511) as holding an election on 25 July 2013.

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The Education (2014 Annual Maximum Fee Movement) Notice 2013

Under sections 159L(3)(d) and 159M(b) of the Education Act 1989, the Minister for Tertiary Education gives notice of the proposed conditions setting limits on the annual increases that tertiary education organisations may make to fees and course costs charged to domestic students in 2014.

Notice

1. Title—This notice may be cited as the Education (2014 Annual Maximum Fee Movement) Notice 2013.

2. Commencement—The proposed conditions outlined in this notice apply for the 2014 academic year only.

3. Proposal—I propose:
   (a) to specify the annual limits by which tertiary education organisations can increase fees charged to domestic students enrolled in courses that are leading to short awards, certificate, diploma, degree and postgraduate qualifications that receive Student Achievement Component (SAC) funding in 2014;
   and
   (b) to specify the other conditions in relation to fees that the Tertiary Education Commission (TEC) must attach to SAC and Youth Guarantee funding in 2014.

4. Call for submissions—Any tertiary education organisation and any other person, body or organisation having an interest in the matter is invited to make a submission on the proposed Annual Maximum Fee Movement (AMFM) and other proposed conditions set out in this notice.

   All submissions should be sent to:

   Annual Maximum Fee Movement Submissions
   Tertiary Education Policy
   Ministry of Education
   PO Box 1666
   Wellington 6140
   Email: tertiary.strategy@minedu.govt.nz

5. Date for submissions—All submissions must be received by 10 July 2013.

Dated at Wellington this 20th day of June 2013.

HON STEVEN JOYCE, Minister for Tertiary Education.

Proposed Conditions to be Attached to Student Achievement Component Funding (SAC) and Youth Guarantee Education Allocated and Paid for by the Tertiary Education Commission to Tertiary Education Organisations

General

1. These conditions apply to fees and course costs (together referred to as "fees") for all tertiary education organisations as defined in section 159B, which includes tertiary education institutions (TEIs), private training establishments (PTEs) and rural education activities programme providers (REAPs), referred to below as a "tertiary education organisation".

2. The fees in relation to a particular course of study or training will be subject to these conditions if:
   (a) the tertiary education organisation is the sole source of the item to which the cost relates; and
   (b) all students enrolled in the relevant course of study or training are required to pay the fees.

3. For the purposes of this policy, "fees" include the following items: tuition fees, compulsory course costs, examination fees, other charges associated with a programme of study, material charges, cost of field trips and any compulsory purchase of equipment or books through the organisation.

Annual Maximum Fee Movement (AMFM)

4. For 2014, the AMFM allows for a 4% increase on the fees, exclusive of GST, charged in 2013 for short awards, certificate, diploma, degree and postgraduate courses at New Zealand Qualifications Framework (NZQF) Level 3 or above that receive SAC funding.

Exceptions to the AMFM

5. A tertiary education organisation may apply, on the basis of exceptional circumstances, for exceptions from the 2014 AMFM of 4% for courses at NZQF Level 3 or above. Any exceptions granted will not exceed an additional 4% increase.

6. In considering exceptional circumstances, the TEC will use the following criteria:
   (a) The organisation is unable to support the course(s) while remaining financially viable;