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 Marilyn Scott, Acting 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 2013.
(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 international students:
(a) A person who holds a student visa and who is
the dependent child of any person who is in
New Zealand to study under an exchange programme approved by the New Zealand Government.
(b) A person who holds a student visa or a visitor visa and who is in New Zealand to study under an approved New Zealand student exchange scheme offered by a Code signatory school or offered by an approved exchange programme organisation.
(c) A person who holds a student visa and who has entered New Zealand for the purposes of adoption and:
(i) whose adoption application before the
New Zealand Family Court (where the Final Order will entitle that person to education as
a domestic student) is supported by the Child, Youth and Family Service of the Ministry of Social Development and who has a letter from the service confirming that support; or
(ii) who is the subject of an Interim Order of Adoption granted by the New Zealand Family Court under section 5 of the Adoption Act 1955 (where the Final Order will entitle that person to education as a domestic student).
(d) A person who holds a student visa and who is the dependent child of an international student who is enrolled in a Doctor of Philosophy programme at
a New Zealand university.
(e) A person who is in the custody of the Chief Executive of the Ministry of Social Development pursuant to any of the following orders:
(i) An order, pursuant to sections 78, 101 or 238(1)(d) of the Children, Young Persons,
and Their Families Act 1989, in favour of
the Chief Executive of the Ministry of Social Development;
(ii) An order, pursuant to section 110 of the Children, Young Persons, and Their Families Act 1989, appointing the Chief Executive of
the Ministry of Social Development as sole guardian;
(iii) An order, pursuant to section 33 of the Care of Children Act 2004, whereby a child or young person is placed under the guardianship of
the Family Court or the High Court and the Chief Executive of the Ministry of Social Development is appointed as agent of the Court with power and discretion to place the child.
(f) A person who holds a student visa and who is
the dependent child of an international student
who is supported by a scholarship funded by the New Zealand Aid Programme administered by
the Ministry of Foreign Affairs and Trade.
(g) A person who has a letter from the Protocol Division of the 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.
(h) A person who holds a student visa and who is the dependent child of the holder of a valid military visa.
(i) 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.
(j) 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.
(k) A person who holds a student visa and 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:
(i) 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; or
(ii) whose own application for citizenship is being considered for approval by the Department for Internal Affairs, until the end of the year in which the student visa expires.
(l) A person who holds a student visa and who is the dependent child of a person who is the holder of a work visa until the end of the year in which the work visa expires.
(m) A child who has been certified by the New Zealand police as a victim of people trafficking and who holds an unexpired temporary visa granted under the Immigration New Zealand "Child Victims of People Trafficking" policy.
(n) A child who is unlawfully in New Zealand and who holds an unexpired approval from the Ministry of Education confirming that he or she meets all of the following criteria:
(i) At the date of application, either the child and the parent have been ordinarily resident and living together in New Zealand continuously for over six months or, in the case of a child whose most recent arrival in New Zealand was before 23 August 2011, the child and the parent or the child and an extended family member have been ordinarily resident and living together in New Zealand continuously for over six months.
(ii) Either the child has not been previously enrolled at a New Zealand registered school
or other provider within the meaning of
section 238D of the Education Act 1989, or
the child’s most recent enrolment was as a domestic student.
(iii) Except for those children listed in paragraphs (A) or (B) below, the child’s last visa was not a student visa or student permit, an interim visa with study conditions, a visitor visa or a limited purpose permit or limited visa:
(A) Children who last held a student visa
or student permit and whose most recent enrolment at a registered school was as
a domestic student.
(B) Children whose most recent arrival in
New Zealand was before 23 August 2011.
3. Interpretation and transitional provisions-(1) For the purposes of paragraph (b) of clause 2 of this notice, an approved New Zealand student exchange scheme or
an approved exchange programme organisation means a scheme or organisation holding an unexpired approval from the Ministry of Education dated on or after 1 July 2012.
(2) Until 1 July 2013, a student exchange scheme or an exchange programme organisation approved by the
Ministry of Education before 1 July 2012 is deemed to
be an approved New Zealand student exchange scheme
or an approved exchange programme organisation for the purposes of subclause (1) of this clause.
(3) Any scheme or organisation with deemed approval under subclause (2) of this clause must apply to the Ministry of Education to continue their approval beyond 1 July 2013.
(4) For the purposes of paragraph (n)(i) of clause 2 of this notice:
parent means the child’s mother, father or legal guardian;
legal guardian means the person:
(a) with the legal right and responsibility to provide for the care (including education and health)
of the child and appointed by a New Zealand
or foreign Court or by testament; and
(b) providing for the care of the child in the child’s home country.
(5) The references to a student visa, a military visa, or a work visa in clause 2 of this notice include an interim visa letter from Immigration New Zealand which continues
the visa type and conditions of that student, military or work visa, until the end of the period stated in the interim letter.
4. Revocation-This notice revokes the Education (Domestic Students) Notice 2012 published in the
New Zealand Gazette, 14 June 2012, No. 67, page 1859.
Dated at Wellington this 28th day of January 2013.
MARILYN SCOTT, Acting Group Manager, Ministry of Education.