You must:

(a) continue to be:

(i) a TEI, namely:

A. a university

B. an ITP

C. a wānanga, or

(ii) a PTE; and

(b) have expertise in educating refugees, and

(c) continue to be quality assured by:

(i) NZQA, if you are an ITP, PTE, or wānanga, or

(ii) the NZVCC, if you are a university.

(a) You must ensure that ILN Refugee English Fund funding is only used in respect of a learner who is:

(i) a domestic student, and

(ii) a refugee, protected person or people sponsored by a refugee or protected person, and includes:

A. the 30 Afghan interpreters who worked for the New Zealand-led Provisional Reconstruction team in Afghanistan and their dependants who were granted residency, and

B. those persons who have been recognised as a refugee or protected person in accordance with Part 5 of the Immigration Act 2009, and whose application for residence is being processed, or

(b) You must only allow a learner to re-enrol in a programme funded through the ILN Refugee English Fund for a period of up to 3 years in total.

(c)    You must not claim ILN Refugee English Fund funding for prior learning¹ credited to a learner. To ensure that you are able to comply with this Condition, you must:

(i) ask each learner to specify prior learning he or she has undertaken; and

(ii) before admitting each learner into an ILN Refugee English Fund funded programme of study or training, review that information as it relates to each learner; and

(iii) retain documents that confirm that the learner has demonstrated the required knowledge or skill.

¹ For the avoidance of doubt, recognised prior learning does not include repeated learning or training that the applicable quality assurance body requires learners to repeat periodically.

(a)   You must verify the identity of each learner enrolled in a programme or programmes of study or training by doing one or more of the following, and assessing whether the learner is who they say they are:

(i)    confirming that all data fields match the student’s NSN; or

(ii)   receiving an assertion through the Department of Internal Affairs’ RealMe® online identity verification service; or

(iii)   sighting the original or certified copy of a current passport; or

(iv)   sighting the original or certified copy of one or more of the following documents:

A.  a birth certificate; or

B.  a certificate of identity; or

C.  a New Zealand certificate of citizenship; or

D.  an expired passport that has not been cancelled; or

E.  a current New Zealand driver licence; or

F.  a current New Zealand firearms licence; or

(b)   If a learner is unable to obtain a birth certificate for the purposes of (a)(iv)(A) above, you must contact us to confirm that a whakapapa statement signed by both the student and a kaumātua is acceptable evidence of identity.

(c)   For the purposes of this Condition, a certified copy is a photocopy, photograph or scanned copy that has been endorsed as a true copy of the original. To be certified, the document must:

(i)    be certified by an official of the issuing authority or a person authorised by law in New Zealand to certify documents, such as a Justice of the Peace, a lawyer or a court official (Court Registrar or Deputy Registrar), and

(ii)    have the official's signature on each page, with the name and title of the official shown clearly below his or her signature.

You must only use ILN Refugee English Fund Funding for a programme of study or training if the programme:

(a)    leads to the award of a qualification at Levels 3 to 10 on the NZQF; and

(b)   has been quality assured by either NZQA or the NZVCC (where appropriate); or

(c)    is part of a training scheme that:

(i)      Ieads to an award that is not a qualification listed on the NZQF; and

(ii)    has been quality assured, and

(d)   leads to the award of an ESOL certificate or diploma at Level 3 and above on the NZQF.

You must not charge a fee to a learner who is participating in an eligible programme for which you receive ILN Refugee English Fund funding.

If you are a University, ITP or Wānanga, you must keep accurate and up-to-date records of enrolments in accordance with our requirements.

Note: If you are a PTE, you must comply with the statutory requirements relating to enrolment records as set out in the Education Act.

You must report the Withdrawal of students to the Ministry of Social Development within 5 working days of that Withdrawal. This is to enable student loans and student allowances to be cancelled as soon as possible.

(a)    You must submit a report for the period 1 January to 31 December no later than 31 January of the following year.

(b)   The report must be submitted in accordance with the template provided and must:

(i)      relate to the specific outcomes in your Investment Plan; and

(ii)    include the following information:

A.      the number of learners enrolled in each programme of study or training; and

B.      learner enrolment information including:

a.       the NSN;

b.      number of EFTS delivered;

c.       ethnicity;

d.      tuition fees charged (if any);

e.      qualification enrolment details (including the start and finish dates, and qualification name for the enrolment) of each learner enrolled during the period covered by the report; and

C.      the number of learner places delivered; and

D.      the NSN and details of any learners not already reported in the progress reports; and

E.       a summary of the learner demographics; and

F.       the regions in which you delivered the provision; and

G.     a declaration that confirms that you have monitored each learner’s progress; and you have met your performance commitments

You must not subcontract the delivery of a programme of study or training funded from the ILN Refugee English Fund funding.

If you receive ILN Refugee English Fund funding that is greater than it should have been, or that you were not entitled to receive, you must treat the amount of the 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 us to you.

For the purposes of this Condition, we will determine whether you have received funding that was greater than it should have been if you do not deliver all of the places specified in your Investment Plan. This means that if you do not deliver the agreed number of places in your plan, then we will recover all funding associated with those undelivered places.

If we suspend, revoke or withdraw some or all of your ILN Refugee English Fund funding under section 159YG of the Education Act before some or all of that funding has been used or contractually committed towards the purposes for which the funding was provided, you must treat the unexpended or uncommitted portion of the funding as debt due to the Crown that is:

(a) repayable on demand by us, and

(b) may be set-off against all or any funding, or any sum payable by us to you.