20 JUNE 2013 NEW ZEALAND GAZETTE, No. 78

(b) for courses at NZQF Levels 1–8, the completion rate for the course met or exceeded the median performance benchmark for that level in the previous year;

(c) the tertiary education organisation can demonstrate that the qualification of which the course is a part is in some way unique or special, for example, that there are no local alternatives to the course available; and

(d) that not allowing an exception will prevent the tertiary education organisation 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 fees for a course, other than a course that is Level 1 or Level 2 on the NZQF and funded through the SAC funding mechanism, are less than $511.11 (GST inclusive) ($444.44 GST exclusive) per Equivalent Full-Time Student (EFTS) in 2013, then for 2014, the tertiary education provider can increase the fee to up to $511.11 (GST inclusive) ($444.44 GST exclusive) per EFTS, or can increase the fee for the course by 4%, whichever is the greater.

Fees for SAC Funded Level One and Two Provision

9. A tertiary education organisation must not charge fees to learners enrolled in 2014 in a course that is at Level 1 or Level 2 on the NZQF and funded though SAC under the Competitive Allocation Process.

10. For all other SAC funded provision at Levels 1 and 2 that is delivered under the usual plan process, a tertiary education organisation may not charge a higher fee for any course in 2014, than it charged for the same course the last time that provider offered that course.

Youth Guarantee Programmes

11. Participants on Youth Guarantee programmes must not be charged any fees.

Sanctions

12. Where the TEC decides that a tertiary education organisation is not complying with the conditions set out in this notice, it can withdraw SAC 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 234A 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.

E. Professional masters programmes would no longer be exempt from the limits on annual fee increases and therefore subject to the proposed annual maximum fee increase in 2014, as set out in the notice.

Notice of Direction to Appoint a Limited Statutory Manager for the Board of Trustees of Horowhenua College (236)

Under section 78M of the Education Act 1989, I direct the Secretary for Education to appoint a limited statutory manager for the board of trustees of Horowhenua College.

The following functions, powers and duties of the board are to be vested in a limited statutory manager:

• All functions, powers and duties of the board as an employer (whether statutory or otherwise); and
• all functions, powers and duties of the board to manage financial operations (whether statutory or otherwise).

A limited statutory manager must also advise the board on the following:

• Management of communications with the media, communications within the school, and communications between the school and its community; and
• Board operation and management.

Dated at Wellington this 12th day of June 2013.

This notice takes effect on the day of publication.

HON HEKIA PARATA, Minister of Education.

Change of Class of Hillmorton High School (339)

Pursuant to section 153(1A) of the Education Act 1989, I declare that Hillmorton High School, Christchurch, will expand to cater for Year 7–13 students. This will take effect from 28 January 2014.

Dated at Wellington this 12th day of June 2013.

HON HEKIA PARATA, Minister of Education.

Change of Class of Hornby High School (338)

Pursuant to section 153(1A) of the Education Act 1989, I declare that Hornby High School, Christchurch, will expand to cater for Year 7–13 students. This will take effect from 28 January 2014.

Dated at Wellington this 12th day of June 2013.

HON HEKIA PARATA, Minister of Education.

Change of Class of Linwood College (337)

Pursuant to section 153(1A) of the Education Act 1989, I declare that Linwood College, Christchurch, will expand