NEW ZEALAND GAZETTE, No. 113 — 15 OCTOBER 2015

academic year for short awards, certificate, diploma, degree and postgraduate courses at New Zealand Qualifications Framework (NZQF) Level 3, or above that receive SAC funding and are part of a programme of study at an ICT Graduate School.

4. The AMFM applies to any new courses at Level 3 or above on the NZQF established by a TEO in substitution for an existing course dealing with the same or similar subject matter, at a same or similar level on the NZQF, for which SAC funding can be used, and are part of a programme of study at an ICT Graduate School.

Exceptions to the AMFM

5. A TEO may apply, on the basis of exceptional circumstances, for exceptions from the 2016 AMFM for SAC-funded courses at ICT Graduate Schools. Any exceptions granted will not exceed an additional 3% increase over and above the permitted 3% 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;
   b. for courses at NZQF Levels 3–8, the completion rate for the course met or exceeded the median performance benchmark for that level in the previous year;
   c. the TEO 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 TEO 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 2014/2019.

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

Low or Zero Fee Courses

8. If the fees for a course are less than $511.11 (GST inclusive) ($444.44 GST exclusive) per Equivalent Full-Time Student (EFTS) in 2015, then for 2016, the TEO 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 3%, whichever is the greater.

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 ("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;
ii. sets out the proposed conditions;
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.

Land Notices

125