Consultation on the exposure draft of the Education (Tertiary Education and Other Matters) Amendment Bill 2016

An exposure draft of the Education (Tertiary Education and Other Matters) Amendment Bill 2016 has been prepared by the Parliamentary Counsel Office for review and feedback. Submissions closed on 14 October 2016.

The Ministry of Education is seeking feedback from stakeholders on:

  • whether the draft legislation is clear and easily understood 
  • whether there are likely to be implementation issues 
  • the potential impact of these proposals on tertiary education organisations and students.

What the exposure draft covers

The exposure draft covers the following largely technical policy proposals:

Increasing funding flexibility and further strengthening monitoring and compliance

  • Increasing flexibility of the funding provisions used to fund tertiary education providers to make it easier for providers to innovate and respond to changes in demand.
  • Further strengthen the monitoring and compliance regime to improve the ability of the Tertiary Education Commission to identify, investigate and address compliance issues.

Equitable treatment of tertiary education providers

  • Introducing a requirement that all tertiary education providers are funded on the same basis for directly comparable programmes or activities
  • Allowing wānanga to apply for ministerial consent to use protected terms in the same way that private training establishments can.
  • Aligning refund entitlements for domestic students enrolled in short programmes at private training establishments (PTEs) with those for international students

Minor and technical proposals

  • Minor amendments to update compulsory student services fees regulation, insert common fund investment provisions, change the name of the PTE subsector, modernise some tertiary education institution (TEI) council arrangements, and make technical changes to tertiary education organisation (TEO) funding and reporting requirements.

Documents to be downloaded



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