NEW ZEALAND GAZETTE, No. 6 — 22 JANUARY 2015

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.

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Notice of Direction to Appoint a Limited Statutory Manager for the Ferguson Intermediate School (Otara) (1274) Board of Trustees

Under section 78M of the Education Act 1989, with delegated authority from the Minister of Education, I hereby direct the appointment of a limited statutory manager for the Ferguson Intermediate School (Otara) Board of Trustees.

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

A limited statutory manager must also advise the board on board systems and processes.

This notice takes effect on the day of publication.

Dated at Wellington this 16th day of January 2015.

KATRINA CASEY, Deputy Secretary, Sector Enablement and Support, Ministry of Education.

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Risk Assessment Criteria for Tertiary Education Institutions

Background

Section 195A of the Education Act 1989 ("the Act") requires the Secretary for Education to determine and publish in the New Zealand Gazette criteria for assessing the level of risk to the operation and long-term viability of tertiary education institutions, and the level of risk to the educational performance of students enrolled at polytechnics.

This notice sets out these criteria.

These risk assessment criteria will be considered by the Chief Executive of the Tertiary Education Commission (TEC) and the Minister for Tertiary Education, Skills and Employment ("Minister") when they consider whether an institution is at risk in a way that might warrant intervention in accordance with Parts 15 and 15A of the Act.

Whether the Chief Executive of the TEC or the Minister decides to initiate an intervention will depend on their assessment of the nature and level of the risk or risks, and the thresholds for the various types of intervention set out in the Act. Other relevant considerations may also be taken into account. For example, the Chief Executive of the TEC or the Minister will assess the appropriateness of the steps already taken by the council of the institution before deciding whether or how to intervene.

Different levels of intervention under the Act have different risk thresholds. These risk thresholds are described by statements in the Act relating to whether:

• an institution "may be at risk" (sections 195B (provision of information), 222A (specialist help), 222B (performance improvement plans))
• the "operation or long-term viability of an institution is at risk" (section 195C (Crown observer))
• "there is a serious risk to the operation or long-term viability of the institution" (sections 195D (Crown commissioner), and 222C (Crown manager))
• "The educational performance of students at a polytechnic may be or is at risk" (this only relates to polytechnics) (sections 222A (specialist help), 222B (performance improvement plans), and 222C (Crown

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