NEW ZEALAND GAZETTE, No. 54 — 16 JUNE 2016

Tertiary Education Fees—Free Conditions Notice 2015 (as published in the New Zealand Gazette, 28 May 2015, Issue No. 58, Notice No. 2015-go3051) and The Tertiary Education Fees—Free (Levels 1 and 2) Conditions Notice 2016 (as published in the New Zealand Gazette, 16 June 2016, Issue No. 54, Notice No. 2016-go3430).

2. The fees associated with a particular course are subject to these conditions if:

(a) the TEO is the sole source of the item to which the fee relates; and

(b) all domestic students validly enrolled in the course are required to pay the fees.

AMFM

3. For 2017, the AMFM is a 2% increase on the fees (GST exclusive) charged in 2016 for a course that is part of a programme that leads to a qualification at Level 3 and above on the NZQF for which a TEO receives SAC funding.

4. The AMFM applies to any new courses at Level 3 and 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.

Exceptions to the AMFM

5. A TEO may apply for an exception from the 2017 AMFM for a SAC-funded course that is part of a programme that leads to a qualification at Level 3 or above on the NZQF on the basis of exceptional circumstances. Any exception granted will not exceed an additional 2% increase over and above the permitted 2% increase.

6. In considering exceptional circumstances, the TEC must only have regard to the following criteria:

(a) the TEO is unable to support the course(s) while remaining financially viable;

(b) for courses at Levels 3–8 on the NZQF, the completion rate for the qualification met or exceeded the median performance benchmark for that level in the previous year;

(c) the TEO can demonstrate that the course is in some way unique or special, for example, that there are no available local alternatives to the course; and

(d) 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 SAC-funded course that is part of a programme that leads to a qualification at Level 3 or above on the NZQF are less than $511.11 (GST inclusive) ($444.44 (GST exclusive)) per Equivalent Full-Time Student (EFTS) in 2016, then for 2017, the TEO may 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 2%, 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 imposed as conditions on funding payable by the TEC 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.

2016-go3429

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