The funding mechanism for Search and Rescue (SAR) Adult and Community Education (ACE) requires the TEC to impose a number of conditions on funding received by a tertiary education organisation (TEO). The TEC imposes those conditions under section 159YC(2)(a) of the Education Act 1989 (the Act).
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The TEC may also impose other conditions on funding that it considers are necessary to ensure that the specified outcomes in an Investment Plan that relate to the tertiary education programmes and activities in relation to which funding is being given are being achieved or will be achieved. The TEC imposes those conditions under section 159YC(2)(b) of the Act.
A TEO that receives SAR (ACE) funding must comply with the conditions specified in its funding approval letter, and in the Act. Those conditions are also set out below.
The TEC also expects TEOs to comply with funding information provided as guidance.
If the TEC is satisfied on reasonable grounds that a TEO has not complied or is not complying with the conditions on funding the TEC may revoke or suspend the funding under section 159YG of the Act.
As specified in section 159YC(1) of the Act, it is a condition of a TEO receiving funding that the TEO will supply to the TEC, from time to time as required by the TEC, and in the form specified by the TEC, any financial, statistical, or other information that a TEO is required to supply.
In order for a TEO to be able to provide information, it must collect and retain the information specified for the Single Data Return (SDR) in accordance with the SDR Manual and its appendices (link to http://steo.govt.nz/sdr/sdr-manuals/).
Record keeping obligations
Under section 225 of the Act, a TEI must ensure that it keeps records that show—
(a) the progress of each student at the TEI (including the results achieved by the student) in his or her programme of study or training; and
(b) particulars of any allowances, grants, or other payments received by each student at the TEI in respect of his or her programme of study or training out of public money appropriated by Parliament.
Retention of records
A TEI must also comply with record-keeping obligations as required by the Public Records Act 2005. For more information about a TEI’s record keeping and record retention requirements, see the Archives New Zealand website (link to http://archives.govt.nz/advice).
To comply with these requirements, TEIs should keep student records, including confirmation of eligibility to study, enrolment records, and details of fees and charges made to the learner in accordance with a signed agreement with the Chief Archivist (as applicable).
TEIs must also ensure they are aware of, and comply with, the requirements of other government agencies, for example, the Ministry of Education, Studylink or Inland Revenue.
Note: For your reference, you can view the archived Search and Rescue (ACE) conditions (PD, 260 kb) that applied to 2015 funding only.
SAR001: TEO to supply information to the TEC
As specified in section 159YC(1) of the Education Act 1989, it is a condition of a TEO receiving funding that the TEO will supply to the TEC, from time to time as required by the TEC, and in the form specified by the TEC, any financial, statistical, or other information that a TEO is required to supply.
TEO to supply SAR (ACE) expenditure report
The TEO must supply the TEC with a report showing a break-down of all revenue and expenditure relating to the delivery of SAR (ACE)-funded courses for the period 1 January to 31 December, no later than 31 March of the following year.
TEO to supply financial viability information to the TEC
The TEO must supply to the TEC information relating to the financial viability of the TEO, if the TEC notifies the TEO that the TEC requires that information.
TEO to supply subcontracting information to the TEC
The TEO must supply to the TEC information about its subcontracting arrangements when the TEC requests it.
TEO to supply information to the TEC in certain situations
The TEO must notify the TEC immediately if:
a) any record required to be kept under the Education Act 1989 has been lost or damaged; or
b) it is no longer able to comply with a condition of funding.
SAR002: TEO to continue to meet specified criteria
The TEO must, at all times during the funding period, continue to be:
a) an institute of technology and polytechnic (ITP);
b) a wānanga; or
c) a private training establishment (PTE).
SAR003: TEO to continue to be quality assured
The TEO must, at all times during the funding period, continue to be quality assured by the New Zealand Qualifications Authority.
SAR004: TEO to ensure that learners meet criteria
The TEO must ensure that each learner enrolled in an eligible programme or course of SAR training:
a) is a New Zealand citizen, or a resident; and
b) has been nominated to undertake the SAR training by New Zealand Search and Rescue (NZSAR), or by a SAR organisation approved by NZSAR.
SAR005: TEO to ensure programmes meet criteria
The TEO must ensure that a programme or course of SAR training in which an eligible learner is enrolled is, and continues to be, less than 40 credits on the New Zealand Qualifications Framework.
SAR006: TEO to work with groups to identify and meet SAR training needs
The TEO must work with local organisations, peak bodies, groups, and communities, including other TEOs involved in SAR (ACE) provision and Emergency Management (ACE) provision, to identify and meet community learning needs.
SAR007: TEO not to subcontract delivery
(a) must not subcontract the provision of any activities for which the TEO receives SAR (ACE) funding without the TEC's prior written consent; and
(b) must, if the TEC provides the TEO with written consent:
(i) comply with any conditions imposed by the TEC on the TEC's consent to subcontract; and
(ii) ensure that the subcontracted party does not further subcontract any provision; and
(iii) remain accountable to the TEC for any subcontracted party's use of SAR (ACE) funding.
SAR008: TEO not to charge fees
The TEO must not charge a fee to any eligible learner participating in a programme of study or training for which the TEO receives SAR (ACE) funding.
For the purposes of this condition, the term "fee" includes: tuition fees; compulsory course costs; examination costs; costs of materials; cost of field trips; costs associated with the compulsory purchase of equipment or books through a TEO; and other charges associated with a course. The term "fee" does not include compulsory student services fees or fees for student identification cards.
SAR009: TEO to provide necessary equipment
The TEO must pay for the necessary equipment, infrastructure and hardware required to deliver a particular programme. The TEO must not require the costs of essential equipment, including computers, to be met through the “course-related costs” component of the Student Loan Scheme.
For the purposes of this condition, "equipment, infrastructure, and hardware":
a) means items that can be used by successive intakes of learners; and
b) does not include personal items that are provided for individual students' use and that the TEO does not retain for the next intake of learners.
SAR010: TEO not to receive other Crown funding
The TEO must:
a) not (without the TEC’s prior written consent) seek or obtain funding from any Crown source other than the TEC to fund provision that is funded under the Determination of Design of Funding Mechanism: Adult and Community Education, dated 5 August 2014; and
b) notify the TEC immediately if it becomes aware of any circumstances that might result in a breach of paragraph (a) of this condition.
SAR011: TEO to use funding responsibly
The TEO must use the SAR (ACE) funding:
a) lawfully, responsibly, and for the purposes for which it is provided; and
b) in a manner consistent with the appropriate use of public funds.
SAR012: TEO to repay over-funding
If the TEO receives SAR (ACE) funding that is greater than it should have been, or that it was not entitled to receive, the TEO must treat the amount of over-funding as a debt due to the Crown that:
a) is repayable on demand; and
b) may be set-off against all or any funding, or any sum of money payable by the TEC to the TEO.
Funding greater than it should have been
For the purposes of this condition, the TEC will consider that a TEO received funding that was greater than it should have been if it delivered less SAR (ACE) provision (at a course level) than it received funding for. In that situation, the TEC will recover the difference between the TEO’s actual delivery and 100% of the SAR (ACE) funding received by the TEO.
SAR013: TEO to repay funding if funding approval revoked
If the TEC suspends or revokes some or all of a TEO’s SAR (ACE) funding under section 159YG of the Education Act 1989, before that funding has been used or contractually committed towards the purposes for which it was provided, then the TEO must treat the unexpected or uncommitted portion of the funding as a debt due to the Crown that:
(a) is repayable to the TEC on demand; and
(b) may be set-off against all or any funding, or any sum of money payable by the TEC to the TEO.
SAR014: TEO to make records available for inspection
The TEO must provide the TEC with access to its premises, employees, and information for the purposes of:
a) inspecting the records that the TEO must keep; or
b) auditing the TEO's compliance with conditions of funding and requirements in the Education Act 1989.
SAR015: TEI to maintain enrolment records
This condition applies to a TEI that receives SAR (ACE) funding.
The TEI must keep accurate and up-to-date records of enrolments in accordance with any requirements developed by the TEC.
SAR016: TEO to make information available to the TEC and its appointed representative for the purpose of monitoring
By accepting funding from the TEC the TEO is deemed to have acknowledged that one of the TEC’s statutory functions is to monitor the performance of organisations receiving funding from the TEC, and that it is a statutory condition that the TEO must maintain certain records and supply certain information to the TEC. Accordingly, by accepting funding from the TEC the TEO is deemed to have acknowledged that the TEC needs access to certain information to enable it to undertake its monitoring activities and, as such, the TEO authorises the TEC (and any representative acting on behalf of the TEC) to have reasonable access to information needed by the TEC to undertake its review and monitoring function. This includes the TEO authorising the TEC and the TEC’s appointed representatives to have reasonable access to the TEO’s premises and any premises where the TEO’s records are kept for the purpose of enabling monitoring and review activities to be undertaken at those premises.