NEW ZEALAND GAZETTE, No. 6 — 22 JANUARY 2015

1. These conditions apply to fees charged for TEOs’ SAC-funded provision in ICT Graduate Schools.

2. The fees in relation to a particular course of study or training will be subject to these conditions if:
   a. the TEO 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.

Annual Maximum Fee Movement (AMFM)

3. For 2015, the permitted AMFM is a 4% increase on the fees, exclusive of GST, charged in the previous 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. This condition applies to any SAC-funded courses that are included in a programme of study at an ICT Graduate School at any time during the 2015 academic year.

Exceptions to the AMFM

5. A TEO may apply, on the basis of exceptional circumstances, for exceptions from the 2015 AMFM of 4% for SAC-funded courses at ICT Graduate Schools. 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;
   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 2014, then for 2015, 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 4%, 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; 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.