Pursuant to section 2(1) paragraph (c) of the definition of the term "domestic student" of the Education Act 1989, the Minister of Education, by and through Jeremy Wood, Group Manager, Ministry of Education, acting under delegated authority, gives the following notice.
N o t i c e
1. Title and commencement-(1) This notice may be cited as the Education (Domestic Students) Notice 2010.
(2) This notice shall come into force on the day after the date of its publication in the New Zealand Gazette.
2. Domestic students-Persons of the following class or description are required to be treated as if they are not foreign students:
(a) A person who has a letter from the Protocol Division of the New Zealand Ministry of Foreign Affairs and Trade confirming that he or she is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities
Act 1971 for the current school year, until the end of the year in which that status expires.
(b) A person who holds a student visa and who is the dependent child of the holder of a valid military visa.
(c) A person who holds a student visa and who is the dependent child of the holder of a valid work visa other than a work visa granted under the Crew of Foreign Chartered Fishing Vessels, Seasonal Work or Special 90 Day Trial Visa categories.
(d) A person who has, or who is the dependent child of any person who has, made a claim to be recognised as a refugee or a protected person in accordance with Part 5 of the Immigration Act 2009, and who is the holder of a valid temporary visa.
(e) A person who has, or who is the dependent child of any person who has, been recognised as a refugee
or a protected person in accordance with Part 5 of the Immigration Act 2009, and whose application for residence is being processed.
(f) A person who is the dependent child of any person who is a New Zealand citizen or the holder of a residence permit under the Immigration Act 1987 or of a residence class visa under the Immigration Act 2009 and whose own application for a residence class visa under the Immigration Act 2009 has been received and is being considered for approval by Immigration New Zealand at the time the student enrols.
(g) A dependent child of a long stay migrant who is unlawfully in New Zealand and who meets the following criteria:
- The student and parent have been ordinarily resident in New Zealand for over 6 months; and
- The student has not been previously enrolled as an international fee paying student or held a student permit or student visa, an interim visa with study conditions, or a limited purpose permit granted under the Immigration Act 1987 (other than a limited purpose permit granted for the purpose of study while immigration status is being determined) or a limited visa granted under the Immigration Act 2009; and
- The student has a current approval from the Ministry of Education confirming that he or she meets the above criteria for enrolment in this category.
3. Amendments-This notice amends the following notices:
(a) The Education (Domestic Students) Notice 2001, published in the New Zealand Gazette, 1 February 2001, No. 11, page 247, is amended by deleting paragraph (c), (d) and (e) of clause 2.
(b) The Education (Domestic Students) Notice 2007, published in the New Zealand Gazette, 14 June 2007, No. 64, page 1686, is amended by deleting paragraph (b) of clause 2 and by deleting clause 3.
(c) The Education (Domestic Students) Notice 2008, published in the New Zealand Gazette, 21 August 2008, No. 131, page 3408, is amended by replacing the words
"New Zealand’s International Aid and Development Agency (NZAID)"
with
"the New Zealand Aid Programme administered by the Ministry of Foreign Affairs and Trade".
4. Revocations-This notice revokes the following notices:
(a) The Education (Domestic Students) Notice 2006, published in the New Zealand Gazette, 25 May 2006, No. 48, page 1225.
(b) Amendment to the Education (Domestic Students) Notice 2007, published in the New Zealand Gazette, 6 September 2007, No. 98, page 2615.
(c) Amendment to the Education (Domestic Students) Notice 2001, published in the New Zealand Gazette, 9 July 2009, No. 99, page 2243.
Dated at Wellington this 29th day of November 2010.
JEREMY WOOD, Group Manager, Ministry of Education.