Rules and conditions

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  • Condition ACE001: ACE collaboration and quality assurance

    All organisations receiving Adult and Community Education (ACE) funding must: Work with communities and other local ACE providers in the development of their ACE programmes and activities to meet identified community learning needs, and  Comply with ACE quality assurance arrangements, which includes ongoing annual self-review of progress against the arrangements.

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    Rule or condition
  • Condition GEN014: Non-duplication of funding

    Tertiary education organisations (TEOs) must: not seek or obtain funding from any other Crown source to fund the same part of the TEO's activities funded by the Tertiary Education Commission (TEC), unless authorised by the TEC notify the TEC immediately the TEO becomes aware of any circumstances that might result in a breach of this condition.

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    Rule or condition
  • Condition GEN015: Funding recovery methods

    Where funding is owed by a tertiary education organisation (TEO) to the Tertiary Education Commission (TEC), it will be recovered by one or more of the following methods: A reduction in the next payment due If the next payment due is not large enough, then the TEC will also issue a 'letter of demand' for the remaining funding to be repaid Set-off against any funding or money payable to the TEO …

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    Rule or condition
  • Condition GEN016: Funding - financial risk

    Every tertiary education organisation (TEO) to which funding is payable by the Tertiary Education Commission (TEC) must, if required on reasonable grounds, satisfy the TEC that the TEO's financial viability or other circumstances: will not put funding paid to the TEO at risk are not such that payments to the TEO may be unjustified will not put the delivery of funded courses and qualifications t…

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  • Condition MOR023: Reporting - SDR enrolments and withdrawals

    Student Achievement Component-funded tertiary education organisations must complete a Single Data Return for the following: All valid learner enrolments, both formal and informal All learner withdrawals, both formal and informal.

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    Rule or condition
  • Condition MOR114: Reporting and financial viability

    This requirement applies to tertiary education organisations (TEOs) that are not institutions, and do not provide financial reports to a Government agency other than the Tertiary Education Commission (TEC). Such TEOs not registered with the New Zealand Qualifications Authority, and receiving funding from the TEC, must provide the TEC, within ninety days of their financial year-end, an attestati…

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  • Condition MOR115: ILN reporting

    Tertiary education organisations (TEOs) receiving Intensive Literacy and Numeracy funding must submit three reports to the Tertiary Education Commission for the year in which funding applies.  This includes two update reports on the following: Number of learners Learner hours The National Student Number (NSN) for all learners enrolling during the reporting period. The first and second reports a…

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  • Condition SAC121: TEO financial support for course equipment

    Tertiary education organisations must financially support the equipment infrastructure required to deliver their approved qualifications, rather than require learners to individually purchase such items. Equipment infrastructure may be one or both of the following: Items of hardware that are of high cost Equipment that has an expected life and/or depreciation period that is long enough to cover…

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  • Condition SAC126: Personal gain from enrolment exemptions

    Tertiary education organisations (TEOs) must not use Student Achievement Component funding and fees or compulsory course costs to directly or indirectly provide individual post-study possession of material items. Certain items may be exempt only if all of the following apply: They are personal to individual learners They cannot be made available to several intakes of learners, for example for…

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  • Condition MOR106: Notification of changes in circumstances

    Tertiary education organisations (TEOs) must contact the Tertiary Education Commission (TEC) in the following situations: Any loss or damage to records that might affect the TEC’s ability to audit the TEO Changes in circumstances that may impact on funding eligibility Change in circumstances that may affect the TEO's ability to meet the conditions of the Investment Plan agreed with the TEC or t…

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    Rule or condition
  • Condition SAC123: Inducements and use of government funds

    Tertiary education organisations (TEOs) that receive Tertiary Education Commission (TEC) funding must use the funding responsibly.   Example: TEOs must not use TEC or other government funding to fund items or activities such as lobbying or enrolment inducements.

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  • Condition SAC124: Personal gain from enrolment

    No course is eligible, or retains approval, for Student Achievement Component funding or approval for learner access to student allowances and the Student Loan Scheme if: learners obtain, as a result of enrolment or course completion, ongoing post-study possession of material items other than those that the TEC specifically allows the prospect of material or financial gain or personal advantage…

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    Rule or condition
  • Condition SAC125: Scholarships and fee refunds

    To comply with inducement policy, a scholarship comprising a fee refund by the tertiary education organisation must be paid directly to StudyLink or Inland Revenue (as appropriate) to offset any student loan amount owed by the learner recipient in relation to the course to which the scholarship applies, before any residual amount is paid to the learner.

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  • Rule ACE003: ACE exclusion of day school classes

    A class of day school students, delivered by schools, private training establishments, rural education activities programmes, or community providers, may not be re-organised as an ACE course even if it is taken outside usual day school hours.

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    Rule or condition
  • Rule ACE006: ACE in schools allocation to community organisations and other schools

    Schools may make Adult and Community Education (ACE) funding available for use by community organisations and other schools in their region that do not receive TEC funding. The funding may only be used to deliver ACE provision or to organise ACE activities. Schools must notify the TEC of any proposal for making ACE funding avaliable to another organisation. The school must not require any…

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    Rule or condition
  • Rule ACE010: ACE priorities and quality assurance

    All tertiary education organisations recieving Adult and Community Education (ACE) funding must meet the ACE quality assurance arrangements by: Designing and providing ACE programmes and activities that align with the three funded ACE priorities; Developing and maintaining systems and practices that underpin ongoing quality assurance, including an annual self-review of those systems and…

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  • Rule ACE011: ACE audit and review requirements

    Organisations receiving Adult and Community Education (ACE) funding must do both the following: Meet external audit and review requirements for ACE quality assurance Complete an annual self-review of the ACE quality assurance action plan.

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    Rule or condition
  • Rule ACE020: ACE carryover of surplus funds

    Any private training establishment, rural education activities programme, community provider or school that accumulates surplus Adult and Community Education (ACE) funds from its ACE income at the end of any financial year must retain this ACE surplus within the ACE ledger to be carried forward to successive years.

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  • Rule ACE037: ACE fees approval

    The following rules apply in respect of fees charged by tertiary education organisations (TEOs) that recieve Tertiary Education Commission funding for Adult and Community Education (ACE): All fees must be approved by the TEO's governing body Fees may be charged to learners on an activity-by-activity basis Fees should reflect the actual cost of the course, yet be appropriate for the purpose and…

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  • Rule ACE038: ACE funding exclusion - teachers and tutors

    Adult and Community Education (ACE) funding must not be used to run professional development courses for teachers and tutors of ACE.

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    Rule or condition
  • Rule ENR017: Admission - recognised prior learning documentation

    Recognised prior learning (RPL) requires clear documentation showing why the decision was made to accept RPL. Note: this applies to industry trainees as well as Student Achievement Component funded students. Examples of documentation include: an academic transcript, or an assessor’s record that the learner has demonstrated the required knowledge or skill.

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  • Rule ENR019: Learner applications for enrolment - publishing requirement

    When publishing admission information, the tertiary education organisation (TEO) must ensure it is accessible, appropriate, stable and timely as follows: Before learners enrol, TEOs must publish admission information in a calendar, prospectus, application form or other publications reasonably available to learners Admission information must include all the following: Admission requirements…

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  • Rule ENR021: Admission restrictions - grounds

    Tertiary education organisations (TEOs) may restrict the admission of learners through any of the following: Minimum entry standards for qualifications or courses Requirements for satisfactory academic progress Requirements for academic completion Setting admission limits in line with the TEO's Student Achievement Component funding level approved in its Plan.

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  • Rule ENR022: Admission restrictions - criteria set by a national agency

    Subject to the Education Act 1989, tertiary education organisations must restrict the admission of learners in the case of qualifications or courses that have admission criteria set by a national agency.

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  • Rule ENR023: Admission regulations - preferential placement

    Tertiary education organisations must ensure their admission regulations specify the basis on which admission with preferential placement may occur.

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  • Rule ENR024: Admission regulations - deferred enrolment

    Tertiary education organisations must: specify the conditions upon which learners may defer their enrolment start dates ensure a claim for funding is not made for a learner whose enrolment is deferred. Note: This rule applies to Student Achievement Component funding and, in the case of industry trainees, Industry Training Funding

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  • Rule ENR026: Learner applications for enrolment - record-keeping

    Tertiary education organisations must keep admission records that: confirm whether they have admitted, re-admitted or not admitted each learner are an auditable record of admission decisions with relevant documentation until the period has passed in which learners may appeal against an admission decision.

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  • Rule ENR027: Learner applications for enrolment - notification requirement

    Tertiary education organisations (TEOs) must: notify learners of any documentation they need to submit, for example they may require learners who have studied with another TEO to provide an academic record not claim valid enrolments for Student Achievement Component (SAC) funding on the basis of applications for admission and enrolment alone. The additional requirements for a valid enrolment fo…

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  • Rule ENR028: Verifying learner identity - requirement

    Tertiary education organisations (TEOs) must verify the identity of learners (domestic and foreign students) if the learner is enrolling in a programme of study leading to a qualification with an Equivalent Full-Time Student value of greater than 0.03. To verify a learner’s identity, the TEO must validate the learner’s: full legal name date of birth gender citizenship or residency status. First…

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  • Rule ENR031: Verifying learner identity - evidence

    Tertiary education organisations must record sightings of documents of identity, date of birth, citizenship and residency. The person who sighted the documents must sign and date the learner’s enrolment record.    Note: TEOs do not need to retain copies of documents of identity, date of birth, citizenship and residency after they have recorded their sighting on the learner’s record. Learner…

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  • Rule ENR032: Verifying learner identity - identification documents

    Tertiary education organisations must use the identification documents described in the following table to verify learner identity:   Learner status Evidence of identity New Zealand citizens (domestic students) New Zealand citizens must supply one of the following: Passport. If a learner is recorded as a child on their parent's passport, they may use their parent's passport as evidence of…

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  • Rule ENR033: Verifying learner identity - persons authorised to verify documents

    A verified copy of an original document is acceptable for verifying identity. A verified copy is a photocopy that has been confirmed and signed by an authorised person who has sighted the original document. An authorised person is a person listed in the Oaths and Declarations Act 1957 as able to take declarations. This person could be a: Barrister or Solicitor of the High Court Justice of the…

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  • Rule ENR038: National Student Index - data storage

    Tertiary education organisations must store all identity information recorded in the learner’s National Student Index record, such as: Name Gender Date of birth Residential status The sighting of verification documents.

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  • Rule ENR042: Admission and enrolment - requirements

    Tertiary education organisations may design and use their own internal policies and processes for managing learner admission and enrolment as long so they cover all 11 steps below and meet the requirements of the Education Act 1989: The TEO provides information on qualifications, including courses The learner applies to the TEO for admission and enrolment (separately or together) The TEO verifi…

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  • Rule ENR043: Admission and enrolment - auditing

    A tertiary education organisation’s policies on learner admission and enrolment must result in an auditable process, which may be electronic or paper-based.   Note: this applies to industry trainees as well as instititution-based students.

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  • Rule ENR049: Entry restriction - requirements

    For courses or qualifications with selection criteria or restrictions, a tertiary education organisation must do both of the following: Ensure its council (in the case of tertiary education institutions) or committee or individual staff member with delegated authority determines the: maximum number of learners who may be enrolled in a particular qualification or course for a particular year…

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  • Rule ENR051: Enrolment offer - conditions

    Tertiary education organisations (TEOs) may make an enrolment offer in writing or electronically, provided the offer meets all the following: Is clearly made on behalf of the TEO Is in a form that the learner and the TEO can retain Results in a permanent record held by the TEO.

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  • Rule ENR054: Enrolment offer - generic form

    Tertiary education organisations can use the Ministry of Education's generic enrolment form and add fields, but they must capture in the form the mandatory information detailed in the Single Data Return manual.

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  • Rule ENR055: Enrolment offer - TEO signature

    The tertiary education organisation (TEO) must sign learners’ enrolment forms, on paper or electronically, to declare the documentation is accurate and complete. Once the TEO has made this declaration, it must include the learners' information in the Single Data Return.

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  • Rule ENR058: Enrolment contract - confirmation

    Tertiary education organisations must confirm a learner’s enrolment by one of the following: The issue of a receipt for payment for fees/course costs The issue of a student identification card A letter with details of the learner’s courses. TEOs must validate learners' signed enrolment forms by countersigning them.

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  • Rule ENR062: Enrolment contract - re-enrolment

    If a tertiary education organisation (TEO) requires a learner to re-enrol to continue studying for another teaching period, the TEO must enter into a new enrolment contract with the learner.

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  • Rule ENR064: Enrolment contract - changes

    If a learner changes their enrolment or withdraws from one or more courses, the tertiary education organisation (TEO) must update the learner’s enrolment contract to reflect the change(s). The TEO must send a copy of the updated enrolment contract to the learner.

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  • Rule ENR066: Electronic enrolment - security

    Tertiary education organisations (TEOs) are responsible for security regarding learner electronic enrolments, and must specify appropriate security standards for staff and learners. Electronic signatures are acceptable when processes meet the specified level of security.   Example: When using an electronic signature the learner uses an authenticated unique identifier and a password, which the…

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  • Rule ENR067: Electronic enrolment - authentication

    When issuing a unique identifier, the tertiary education organisation must do both of the following: authenticate the unique identifier through a passport or birth certificate when it is first issued ensure the unique identifier is: a minimum length (normally six digits) system generated randomly generated or based on user-supplied information not based on easily accessible information, for…

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  • Rule ENR069: Electronic enrolment - confidentiality agreement

    When issuing a unique identifier, the tertiary education organisation must require learners to make a written statement with an original signature to declare that they: confirm that their evidence of identity belongs to them authorise the use of their unique identifier for admission and enrolment purposes accept responsibility for all uses of their unique identifier agree not to give their uniq…

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  • Rule ENR071: Electronic enrolment - issuing student identification

    Tertiary education organisations (TEOs) must use current generally accepted standards of encryption for electronic learner enrolment processes. The TEO must then apply one or more of the following options for issuing authenticated identification: Authentication in person Postal applications Internet applications.

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  • Rule ENR077: Enrolment changes and withdrawals

    To meet auditable standards, tertiary education organisations (TEOs) must record domestic student and trainee withdrawals. TEOs other than industry training organisations (ITOs) must record withdrawals on a withdrawal form, and must also record any change in enrolment or withdrawal in their student management system for reporting in the Single Data Return. ITOs must record trainee enrolment…

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  • Rule ENR093: Records retention

    Tertiary education organisations must keep the following records for the periods listed. Records Period Fees/course costs charged to learners, for example invoices and receipts 10 years Confirmation of a learner's eligibility to study 10 years Enrolment offers and contracts (including contracts with learners who withdraw), and enrolment records supporting Student Achievement Component funding…

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  • Rule ENR515: ACE learner eligibility

    For organisations to receive Adult and Community Education funding, learners must meet all of the following criteria: Be aged 16 years or older Be a New Zealand citizen or Permanent Resident, currently resident in New Zealand Not be enrolled in secondary school full-time, subject to Rule ENR516.

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  • Rule ENR516: ACE participation by secondary school students

    In exceptional circumstances a full time secondary school student aged 16 years or older, including adult students, may be enrolled in an Adult and Community Education (ACE) course/activity, subject to the following: The course or activity must occur outside normal school hours The student must have written approval from the student’s school principal The student must have written approval from…

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  • Rule GEN001: TEOs applying for funding for the first time

    Notwithstanding any other condition, tertiary education organisations seeking access to Tertiary Education Commission (TEC) funding for the first time, and not submitting financial performance information to another Government agency, must submit their financial viability documentation to the TEC at least three months before the first intake of learners for whom they are seeking TEC funding.  

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  • Rule MOR004: Consequences of failure to remedy breaches

    When a tertiary education organisation (TEO) fails to remedy a compliance breach within the timeframe set by the Tertiary Education Commission (TEC), the TEC may, without limiting its rights under any funding agreements with the TEO, do one or more of the following: Suspend funding for a period that the TEC considers appropriate Recover funds on demand or off set against any funds payable by th…

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  • Rule ENR035: Verifying learner identity - whakapapa statements

    A verified copy of a whakapapa statement is acceptable only when a learner cannot obtain a birth certificate. Both the learner and a Kaumatua must sign the whakapapa as evidence of identity and citizenship.

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  • Rule GEN009: Financial reporting requirement if no other financial reporting

    To ensure ongoing eligibility for funding, tertiary education organisations (TEOs) other than institutions, not providing financial performance information to the Government, including Government agencies, must provide the Tertiary Education Commission (TEC) with an annual attestation, in the form of a Statutory Declaration, as to the financial stability of the TEO. Such TEOs receiving more tha…

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