1: Title
This Act is the Education and Training Amendment Act 2023.
2: Commencement
1: Section 39(3) to (5)
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Education and Training Act 2020 2023-08-23 Education and Training Act 2020 See section 2(2): in force on the day after the date on this Act was assented 2024-02-22 Education and Training Act 2020 see section 2(1): section 39(3) to (5) comes into force 6 months after the date on which this Act was assented
1: Amendments to principal Act relating to wānanga
4: Section 9 amended (Te Tiriti o Waitangi)
In section 9(1)(f) Part 4, which provides Part 4 and Part 4A
5: Section 10 amended (Interpretation)
1: In section 10(1) wānanga wānanga
a: before the commencement of Part 4A
b: after the commencement of Part 4A
2: In section 10(1) category A wānanga
a: is established under section 398E(1) clause 90(1) of Schedule 1
b: is a Crown entity category B wānanga
a: is established under section 398I(1) clause 94(2) of Schedule 1
b: is not a Crown entity category C wānanga
a: was established under section 268; and
b: has not been reconstituted under clause 90(1) of Schedule 1 clause 94(2) of Schedule 1
c: is a Crown entity
6: Section 266 amended (Object)
In section 266 institutions institutions, including those established under Part 4A
7: Section 268 amended (Establishment of institutions)
1: Repeal section 268(2)(d)(ii)(B) and (3)
2: Renumber section 268(2A)
8: Section 271 replaced (Institutions to be governed by councils)
Replace section 271
271: Institutions to be governed by councils
Te Pūkenga—New Zealand Institute of Skills and Technology
1: The governing body of Te Pūkenga—New Zealand Institute of Skills and Technology is its council, the members of which are appointed under section 320. Wānanga
2: The governing body of a wānanga that is a Crown entity is its council constituted in accordance with—
a: this Part; or
b: the order establishing the wānanga under Part 4A
c: the order made under clause 90(1) of Schedule 1
3: The governing body of a wānanga that is not a Crown entity is its council constituted in accordance with—
a: the order establishing the wānanga under Part 4A
b: the order made under clause 94(2) of Schedule 1 Other institutions
4: The governing body of every other institution is its council constituted in accordance with this Part. References to, and actions of, councils
5: A reference in any enactment to the council or other governing body of an institution referred to in subsections (2) to (4)
6: Subject to section 283(2), all acts or things done in the name of, or on behalf of, an institution with the authority of, or of a delegate of, the council or the chief executive are to be treated as being done by the institution. Further provisions relating to councils
7: Part 4A
8: Schedule 11 provides for the constitution, appointment, and operation of councils of Te Pūkenga—New Zealand Institute of Skills and Technology and other institutions, and for related matters.
9: Section 272 amended (Incorporation)
In section 272(1) and Te Pūkenga—New Zealand Institute of Skills and Technology as continued by section 314, Te Pūkenga—New Zealand Institute of Skills and Technology as continued by section 314, and each wānanga established under Part 4A
10: New Part 4A inserted
After Part 4
4A: Wānanga
398A: Outline of Part 4A
1: This Part, which concerns wānanga, is divided into 4 subparts.
2: Subpart 1
3: Subpart 2
4: Subpart 3
5: Subpart 5
398B: Purpose of Part 4A
The purpose of this Part is to provide for the establishment, modification, and administration of wānanga in a manner that gives effect to the principles of Te Tiriti o Waitangi and supports Māori-Crown relationships and, in particular, that—
a: better reflects the unique characteristics, functions, and purposes of wānanga in the tertiary education system for delivering the best possible education outcomes for ākonga; and
b: recognises the interests of iwi or Māori in ensuring the effective governance and administration of wānanga; and
c: enables direct accountability to iwi or Māori for the performance of wānanga.
1: Preliminary matters
398C: Application
1: This Part applies to a wānanga that—
a: is established on or after the date on which this Part commences; or
b: existed immediately before the date on which this Part commences, and on or after that date—
i: reconstitutes its governance or administration to become a category A wānanga; or
ii: converts to a category B wānanga. Provisions that do not apply to category A wānanga and category B wānanga
2: On or after commencement of this Part,—
a: the following provisions of this Act do not apply to a category A wānanga or category B wānanga:
i: section 268 (establishment of institutions):
ii: section 269 (constitutions of institutions):
iii: section 270 (disestablishment of institutions):
iv: section 573 (effect of the disestablishment of institutions):
b: the following provisions of this Act do not apply to councils of category A wānanga or category B wānanga:
i: section 275 (constitution to provide for membership of councils):
ii: section 276 (membership of councils):
iii: section 277 (disqualifications):
iv: section 278 (appointment criteria):
v: section 279 (statutes relating to appointments): Provisions that do not apply to category A wānanga
c: the following provisions in Schedule 11 of this Act do not apply to a category A wānanga:
i: clause 1 (constitutions of councils of new institutions):
ii: clause 2 (amendment of constitution):
iii: clause 3 (limit on number of occasions on which members may be appointed):
iv: clause 6 (term of office):
v: clause 9 (casual vacancies):
vi: clause 12 (removal of members):
vii: clause 13 (process for removal):
viii: clause 15 (chairpersons and deputy chairpersons):
ix: clause 16 (meetings of councils):
x: clause 18 (determination of policy): Provisions that do not apply to category B wānanga
d: the following provisions of this Act do not apply to a category B wānanga:
i: section 273 (common seals):
ii: section 274 (methods of contracting):
iii: section 280 (functions of councils):
iv: section 281 (duties of councils):
v: section 282(4) to (7) (powers of institutions):
vi: section 287 (criteria for risk assessment of institutions (other than Te Pūkenga—New Zealand Institute of Skills and Technology)):
vii: section 288 (institutions to provide information to TEC if required):
viii: section 289 (ministerial appointment of Crown observers for institutions):
ix: sections 290 to 293 (ministerial dissolution of councils and appointments and processes to appoint commissioners):
x: section 294 (duties of chief executives):
xi: section 295 (delegation of functions and powers of chief executives):
xii: section 296 (further provisions applying to delegation):
xiii: section 297 (bank accounts):
xiv: section 298 (accounts to be kept):
xv: section 300 (gifts):
xvi: section 305 (institutions are Crown entities):
xvii: section 306 (annual reports):
xviii: section 307 (requirements to prepare statements or reports):
xix: section 308 (availability of annual reports for inspection):
xx: section 597 (good employer principles):
xxi: section 602 (duty to act independently):
xxii: section 603 (appointments on merit):
xxiii: section 604 (notification of vacancies):
xxiv: section 608 (chief executives of institutions):
xxv: section 609 (appointment of chief executives):
xxvi: section 610 (reappointment of chief executives):
xxvii: section 611 (conditions of employment of chief executives):
xxviii: section 612 (removal from office):
xxix: Schedule 11 (council procedures). Provisions that apply to category A wānanga, category B wānanga, and category C wānanga
3: Despite anything in subsection (1)
a: section 398B Part 4A
b: section 398D
c: section 398Y
d: section 398Z
e: section 398ZA
f: section 398ZB
g: section 398ZC
h: section 398ZD
i: section 398ZE
j: section 398ZF Relationship of this Part with other provisions
4: If a provision in this Part conflicts with a provision in subpart 3 of Part 4 or Schedule 11, the provision in this Part prevails.
398D: What wānanga are (characteristics)
Wānanga are institutions that—
a: Māori, primarily iwi, have been instrumental in establishing; and
b: are concerned with a wide diversity of teaching and intellectual endeavour (including research) that is—
i: closely interdependent; and
ii: associated with higher learning; and
c: are kaitiaki of mātauranga Māori, te reo Māori, and tikanga Māori within the tertiary education sector; and
d: have a role in the promotion and maintenance of social, spiritual, cultural, political, and economic well-being in the community; and
e: follow practices that are consistent with mātauranga Māori and tikanga Māori at all levels of governance and operations; and
f: accept a role as a critic and conscience of society from a mātauranga Māori, te reo Māori, and tikanga Māori perspective; and
g: position themselves within the networks of indigenous tertiary institutions across the world and contribute to the setting of international indigenous standards of teaching and intellectual endeavour, including research.
2: Administration of category A wānanga
398E: Establishment of category A wānanga
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, establish a category A wānanga.
2: Before making a recommendation to establish a wānanga under subsection (1)
a: seek advice from NZQA on education quality assurance matters and consider any advice given; and
b: seek advice from Te Tauihu o Ngā Wānanga on whether the proposed wānanga would have the characteristics of a wānanga, and take that advice into account; and
c: consult iwi or Māori who are instrumental in its establishment, and take their views into account; and
d: consult other persons or bodies that the Minister thinks fit; and
e: be satisfied that any additional functions and purposes of the proposed wānanga and of its council specified under subsection (3)(f)
f: be satisfied that the establishment of the proposed wānanga is in the interests of the tertiary education system and the nation as a whole.
3: An order made under subsection (1)
a: revoke and replace a previous order, if any, establishing the wānanga; and
b: state the name of the wānanga; and
c: provide for determining the people who are to constitute the wānanga; and
d: set out the governance arrangements for the council of the wānanga, including the constitution of the council and arrangements for the appointment, suspension, and removal of members; and
e: set out the procedures for conducting meetings of the council; and
f: specify any functions and purposes of the wānanga and its council that are in addition to any functions and purposes of an institution or its council set out in this Act; and
g: specify the manner in which policies of the wānanga are to be determined; and
h: provide for the establishment and membership of an academic committee to advise the council on matters relating to courses of study or training, awards, and other academic matters; and
i: provide for any other matters that are necessary or desirable—
i: for the good governance of the wānanga; or
ii: to clarify the arrangements for the administration of the wānanga.
4: An order made under subsection (1)
a: set out by way of preamble the historical background to the establishment of the wānanga and any Crown acknowledgments:
b: impose conditions on the performance or exercise of the powers of the wānanga.
5: An order made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act.
398F: Appointment of council members
When appointing members to the council of a category A wānanga, the council, or any other person or body making the appointments, must appoint people who (in the opinion of the council, person, or body making the appointment)—
a: have relevant knowledge, skills, or experience; and
b: are likely to be able to fulfil their individual duties to the council; and
c: together with the other members of the council, are capable of undertaking its responsibilities, duties, and functions.
398G: Certain people ineligible to be appointed
A person is not eligible for appointment to the council of a category A wānanga if—
a: the person is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
b: a personal order has been made under that Act in respect of the person that reflects adversely on their—
i: competence to manage their own affairs in relation to their property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of their personal care and welfare; or
c: the person has been adjudicated bankrupt and has not obtained an order of discharge, or their order of discharge has been suspended for a term that has not yet expired or is subject to any conditions that have not yet been fulfilled; or
d: the person has been removed from office as a member of the council of any institution.
398H: Statutes relating to appointment
1: The council of a category A wānanga may make statutes relating to the appointment of members under its constitution.
2: The statutes may—
a: provide for direct appointment by the council of a member chosen by the council; or
b: require the council to appoint a member—
i: of a stated description; or
ii: holding a stated office; or
iii: nominated by a stated person or body or by a person or body of a stated description; or
iv: elected by people of a stated description.
3: To the extent that the statutes require the council to appoint—
a: a member elected by people of a stated description, they must also provide for the processes by which elections must be held and their results must be determined:
b: a member nominated by a stated person or body or a body of a stated description, they must also provide for the process by which nominations may be called for and must be considered.
4: For an appointment under a statute providing for any of the matters set out in subsection (2)(b) section 398F
a: has relevant knowledge, skills, or experience; and
b: is likely to be able to fulfil the person’s individual duties to the council; and
c: together with the other members of the council, is capable of undertaking its responsibilities, functions, and duties.
5: This section does not limit section 284.
3: Administration of category B wānanga
398I: Establishment of category B wānanga
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, establish a category B wānanga.
2: Before making a recommendation to establish a wānanga under subsection (1)
a: seek advice from NZQA on education quality assurance matters and consider any advice given; and
b: seek advice from Te Tauihu o Ngā Wānanga on whether the proposed wānanga would have the characteristics of a wānanga and take that advice into account; and
c: consult iwi or Māori instrumental in its establishment; and
d: consult other persons or bodies that the Minister thinks fit; and
e: be satisfied that—
i: the functions and purposes of the proposed wānanga and its council are consistent with the characteristics of a wānanga; and
ii: the accountability arrangements set out in subsection (3)(g) and (h)
f: be satisfied that the person or body identified under subsection (3)(g)
i: accepts responsibility for ensuring that the wānanga and its council are accountable; and
ii: has access to the skills and resources reasonably necessary to ensure that the wānanga and its council are accountable; and
g: be satisfied that the establishment of the proposed wānanga is in the interests of the tertiary education system and the nation as a whole.
3: An order made under subsection (1)
a: state the name of the wānanga; and
b: specify the people who are to constitute the wānanga; and
c: set out the governance arrangements for the council of the wānanga, including the constitution of the council and arrangements for the appointment, suspension, and removal of members; and
d: specify the functions, duties, and purposes of the wānanga and its council; and
e: set out the procedures for conducting the meetings of the council; and
f: specify the collective and individual duties of the members of the council and the manner in which members will be accountable for the performance of their duties; and
g: specify the iwi or Māori to whom the wānanga is accountable for the effective governance and administration of the wānanga, and the things for which the wānanga is accountable (for example, the progress made towards achieving the purposes of the wānanga, the financial management of the wānanga, and the educational performance of the wānanga); and
h: set out what the wānanga must do to ensure adequate accountability for the effective governance and administration of the wānanga, including—
i: requirements for the efficient and prudent financial management of the wānanga; and
ii: requirements for financial reporting and reporting on other matters, including (without limitation) requiring wānanga to prepare, in accordance with generally accepted accounting practice (within the meaning of section 8 of the Financial Reporting Act 2013),—
A: a statement of service performance; and
B: annual financial statements; and
iii: the means by which risk to the operation and long-term viability of the wānanga is to be managed, including the range or type of interventions available to address those risks; and
iv: requirements for setting the long-term strategic direction and objectives of the wānanga in respect of the performance of its functions; and
i: provide for the appointment of a chief executive, including—
i: the functions and duties of the chief executive; and
ii: the delegation of any functions or duties of the chief executive; and
j: set out the requirements relating to the appointment of employees of the wānanga; and
k: set out the things that the wānanga must do to ensure the fair and proper treatment of employees in all aspects of their employment; and
l: require the wānanga to publish an annual report on an Internet site maintained by or on behalf of the wānanga; and
m: require the annual report of the wānanga to include (without limitation) a statement of—
i: the number of employees or former employees of the wānanga who, in their capacity as employees, received remuneration of $100,000 or more (including compensation or other benefits) in the year to which the report relates; and
ii: the number of those employees or former employees in each bracket of remuneration in $10,000 increments.
4: An order made under subsection (1)
a: set out, by way of a preamble, the historical background to the establishment of the wānanga and any acknowledgements by the Crown:
b: specify the means by which the council of the wānanga is to engage with the people who constitute the wānanga, and the iwi or Māori to whom the wānanga is accountable for its effective governance and administration:
c: impose conditions on the performance or exercise of the functions, duties, or powers of the wānanga and its council:
d: specify the manner in which policies of the wānanga are to be determined:
e: provide for the establishment and membership of an academic committee to advise the council on matters relating to courses of study or training, awards, and other academic matters:
f: provide for any other matters that are necessary or desirable—
i: for the good governance of the wānanga; or
ii: to clarify the arrangements for the administration of the wānanga.
5: For the purposes of subsection (3)(m) employees
6: An order made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act.
398J: Appointment and nomination of council members
When appointing or nominating members of the council of a category B wānanga, the council or any other person or body making the appointments or nominations must appoint or nominate people who (in the opinion of the council or other person or body making the appointment)—
a: have relevant knowledge, skills, or experience; and
b: are likely to be able to fulfil their individual duties to the council; and
c: together with the other members of the council, are capable of undertaking its responsibilities, duties, and functions.
398K: Certain people ineligible to be appointed
A person is not eligible for appointment to the council of a category B wānanga if—
a: the person is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
b: a personal order has been made under that Act in respect of the person that reflects adversely on their—
i: competence to manage their own affairs in relation to their property; or
ii: capacity to make or to communicate decisions relating to any particular aspect or aspects of their personal care and welfare; or
c: the person has been adjudicated bankrupt and has not obtained an order of discharge, or whose order of discharge has been suspended for a term that has not yet expired or is subject to any conditions that have not yet been fulfilled; or
d: the person has been removed from office as a member of the council of any institution.
398L: Membership of more than 1 council
A person who is a council member of a category B wānanga may be appointed as a council member of another institution (whether or not they are institutions of the same kind).
398M: Statutes relating to appointment
1: The council of a category B wānanga may make statutes relating to the appointment of members under its constitution.
2: The statutes may—
a: provide for direct appointment by the council of a member chosen by the council; or
b: require the council to appoint a member—
i: of a stated description; or
ii: holding a stated office; or
iii: nominated by a stated person or by a body or person of a stated description; or
iv: elected by people of a stated description.
3: To the extent that the statutes require the council to appoint—
a: a member elected by people of a stated description, they must also provide for the processes by which elections must be held and their results must be determined:
b: a member nominated by a stated person or body or a body of a stated description, they must also provide for the process by which nominations may be called for and must be considered.
4: For an appointment under a statute providing for any of the matters set out in subsection (2)(b) section 398J
a: has relevant knowledge, skills, or experience; and
b: is likely to be able to fulfil the person’s individual duties to the council; and
c: together with the other members of the council, is capable of undertaking its responsibilities, functions, and duties.
5: This section does not limit section 284.
398N: Acts and proceedings not invalidated by certain defects
No act or proceeding of the council, or any council committee, of a category B wānanga is invalidated by—
a: a defect in the appointment of a council member or of the committee; or
b: a defect in the nomination of a council member or committee for appointment as a council member; or
c: a defect in the election of a council member or committee for appointment as a council member; or
d: a disqualification of a council member or committee member; or
e: a vacancy in the membership of the council or committee; or
f: a defect in the convening of any meeting.
398O: Amendments to constitutions
If the council of a category B wānanga recommends to the Minister that the constitution of the council be amended in a manner that complies with the requirements of the Order in Council establishing the wānanga, the Minister must amend the constitution in accordance with the recommendation by notice published in the Gazette
398P: Application of Local Authorities (Members’ Interests) Act 1968
The council of a category B wānanga is not a local authority for the purposes of the Local Authorities (Members’ Interests) Act 1968.
398Q: Application of Public Records Act 2005
An institution that is a category B wānanga is a public office for the purposes of the Public Records Act 2005. 2022 No 30 s 28
398R: Application of Public Audit Act 2001
1: An institution that is a category B wānanga is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.
2: The wānanga must forward to the Auditor-General,—
a: within 3 months after the end of each financial year,—
i: the annual financial statements of the wānanga; and
ii: the statement of service performance of the wānanga; and
iii: any other information that the Auditor-General has agreed, or is required, to audit; and
b: the annual report of the wānanga in a timely manner to enable the Auditor-General to review that report before providing the audit report required under subsection (3)(b)
3: The Auditor-General must—
a: audit the statements and information referred to in subsection (2)(a)
b: provide an audit report to the wānanga within 4 months after the end of each financial year.
398S: Office holders and employees are officials
1: This section applies to office holders and employees of a category B wānanga or a subsidiary that it owns solely or together with 1 or more other institutions or Crown entities.
2: Individuals working for the wānanga or its subsidiary as contractors or secondees and performing or exercising a function, duty, or power of the wānanga are to be treated as if they are employees.
3: This section also applies to a person who was formerly an employee or office holder in respect of any acts or omissions or decisions made while that person was an employee or office holder of the wānanga or its subsidiary.
4: A person to whom this section applies is an official for the purposes of sections 105 and 105A of the Crimes Act 1961.
5: This section does not limit the meaning of official in section 99 of the Crimes Act 1961. 2004 No 115 s 135
398T: Disclosure of interest
1: A council member of a category B wānanga, or a council committee member, who has an interest in a matter being considered or about to be considered by the council or the committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the council or the committee.
2: A disclosure under subsection (1)
a: be present during any deliberation of the council or the committee with respect to that matter; or
b: take part in any decision of the council or the committee with respect to that matter.
3: For the purposes of this section, a person has an interest in a matter 1989 No 80 s 175
398U: Fees and allowances
1: A member of the council of a category B wānanga (other than the chief executive) may be paid fees at the rates, not exceeding the maximum rates fixed by the Minister in accordance with the fees framework, that the council determines.
2: A council member is entitled, in accordance with the fees framework, to be reimbursed, out of the funds of the wānanga, for actual and reasonable travelling and other expenses incurred in carrying out the member’s office as a member.
3: In this section, fees framework
398V: Personal liability of council members
A council member of a category B wānanga is not personally liable for any act done or omitted by the council member or by the council—
a: in good faith; and
b: in the performance or intended performance of the functions of the wānanga or of the council.
398W: Trust property
Despite anything to the contrary in this Act or any other enactment, any real or personal property held upon trust by a category B wānanga must be dealt with in accordance with the powers and duties of the wānanga as trustee.
4: Conversion to category B wānanga
398X: Conversion of category A wānanga or category C wānanga to category B wānanga
A category A wānanga or category C wānanga may be converted to a category B wānanga in accordance with clauses 94 to 108 of Schedule 1
5: Disestablishment of wānanga
398Y: Disestablishing wānanga
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: disestablish a wānanga and provide for the distribution of its assets and liabilities:
b: disestablish a wānanga and incorporate the disestablished wānanga into another wānanga or other institution, whether the wānanga or other institution is an existing wānanga or other institution or a new wānanga or other institution that is established for the purpose:
c: provide for the distribution of the assets and liabilities of a wānanga that is to be disestablished.
2: Before making a recommendation, the Minister must—
a: give to the council of the wānanga, and any other institution that the Minister considers is likely to be directly affected, written notice—
i: setting out the action that the Minister is considering whether to take and the reasons for that action; and
ii: inviting the council and institutions to make a written submission to the Minister in relation to the matter; and
b: consult iwi or Māori instrumental in the establishment of the wānanga and take those views into account; and
c: consult any other person or body that the Minister thinks fit; and
d: publish, in the Gazette
e: consider any submissions made within a reasonable period in response to the notices.
3: The Minister may not recommend the disestablishment of a category A wānanga or category C wānanga, or its disestablishment and incorporation into another wānanga or other institution, unless the Minister is satisfied—
a: on reasonable grounds that there is good reason to do so; and
b: that disestablishing the wānanga, or disestablishing the wānanga and incorporating the disestablished wānanga into another wānanga or other institution, is in the interests of the tertiary education system and the nation as a whole.
4: The Minister may not recommend the disestablishment of a category B wānanga, or its disestablishment and incorporation in another wānanga or other institution, unless—
a: the iwi or Māori instrumental in the establishment of the wānanga has determined that there is good reason to do so; and
b: the Minister is satisfied that disestablishing the wānanga, or disestablishing the wānanga and incorporating the disestablished wānanga in another wānanga or other institution, is in the interests of the tertiary education system and the nation as a whole; and
c: the iwi, hapū, or Māori organisation that is primarily accountable for the wānanga is instrumental in the Minister’s disestablishment decision.
5: The Minister must specify in the recommendation the reasons for the proposed disestablishment of a wānanga or proposed disestablishment of a wānanga and its incorporation into another wānanga or other institution.
6: An order made under this section must,—
a: in respect of the disestablishment of any wānanga, be consistent with the provisions of this Act regarding the distribution of assets and liabilities, including (without limitation) sections 398ZC 575A
b: in respect of the disestablishment of a category B wānanga,—
i: require the wānanga to provide a final report to the Minister; and
ii: specify the required content of the final report and the date or dates by which the contents of the report must be provided.
7: An order made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act.
398Z: Effect of disestablishing wānanga
Sections 398ZA to 398ZF
398ZA: Disestablished wānanga and their councils cease to exist
The disestablished wānanga and its council cease to exist.
398ZB: Entitlements of certain persons for certain awards
1: A person who would, but for the disestablishment of the wānanga, have been entitled to be granted an award of the wānanga is entitled to be granted an equivalent award at—
a: the institution into which the wānanga is incorporated; or
b: any other institution that the Secretary directs.
2: A person who has partially completed a programme at the disestablished wānanga leading to an award is entitled—
a: to enrol in a similar programme at—
i: the institution into which the wānanga is incorporated; or
ii: any other institution that the Secretary directs; and
b: to be granted the status, and the credit for work performed at the disestablished wānanga, as the council of the institution referred to in paragraph (a)(i) or (ii)
398ZC: Vesting of property of disestablished wānanga
1: If the disestablished wānanga is, immediately upon its disestablishment, incorporated into another institution,—
a: all real and personal property that, immediately before the disestablishment, was vested in the disestablished wānanga (including property held on trust) is vested in the other institution subject to all charges, encumbrances, estates, and interests, and any enactment, affecting that property; and
b: the other institution becomes liable to pay and discharge all the debts, liabilities, and obligations of the disestablished institution that existed immediately before its disestablishment.
2: The following provisions apply to a category A wānanga or category C wānanga:
a: if the disestablished wānanga is not immediately upon its disestablishment incorporated into another institution, all real and personal property that, immediately before the disestablishment, was vested in the council of the disestablished wānanga (including property held on trust) is vested in the Crown, subject to all charges, encumbrances, estates, or interests, and any enactment, affecting that property:
b: despite paragraph (a)
i: property that is derived from the settlement of a claim under Te Tiriti o Waitangi in relation to the wānanga:
ii: property that is gifted to the wānanga by iwi or Māori instrumental in the establishment of the wānanga:
c: before issuing a direction under paragraph (b)
d: the Minister is liable to pay and discharge all the debts, liabilities, and obligations of the council of the disestablished wānanga that existed immediately before its disestablishment other than in relation to any property vested in iwi or Māori under paragraph (b)
3: If any real or personal property that was held by a disestablished wānanga on trust vests in the Crown under subsection (2)(a)
4: In the case of a category B wānanga, if the disestablished wānanga is not, immediately upon its disestablishment, incorporated into another institution,—
a: all real and personal property that, immediately before the disestablishment, was vested in the council of the disestablished wānanga (including property held on trust) is vested in the iwi or Māori to whom the wānanga is accountable, subject to all charges, encumbrances, estates, or interests, and any enactment, affecting that property; and
b: the iwi or Māori concerned become liable to pay and discharge all the debts, liabilities, and obligations of the council of the disestablished wānanga that existed immediately before its disestablishment.
5: If any real or personal property that was held by a disestablished wānanga on trust vests in an iwi or Māori under subsection (4)(a)
6: If any land vests in an institution, or in the Minister or iwi or Māori under this section, the Registrar-General of Land, on the deposit with the Registrar-General of the plans and documents that the Registrar-General may require, must make the entries in the register and generally do all the other things necessary to give full effect to this section.
7: If property is vested in iwi or Māori under this section, the iwi or Māori concerned are responsible for any obligations under section 40 of the Public Works Act 1981 in relation to the vested land (as if they were a local authority).
398ZD: Treatment of certain contracts, instruments, and proceedings
Any contract or other instrument (other than a contract of, or instrument relating to, employment) subsisting, or any proceeding pending, immediately before the disestablishment of a wānanga to which the wānanga was a party has effect after the disestablishment as if—
a: the institution into which the disestablished wānanga is incorporated or the Minister or iwi or Māori concerned is substituted for the disestablished wānanga as a party to the contract, other instrument, or proceeding; and
b: any reference in the contract or other instrument, or in a pleading, affidavit, or other document in the proceeding, to the disestablished wānanga in its capacity as a party to the contract, other instrument, or proceeding is (except in relation to matters that occurred before the disestablishment) a reference to the wānanga in which the disestablished wānanga is incorporated or the Minister or iwi or Māori concerned.
398ZE: Continuation of disestablished wānanga for certain purposes
1: Despite section 398ZA,
a: if the wānanga is incorporated into another institution, the council of the other institution; or
b: otherwise, the Secretary— must give to the council of the disestablished wānanga any assistance that the council requires for the purpose of complying with its obligations under those provisions and is responsible for paying any expenses incurred by the council (including remuneration and expenses of members of the council or governing body) in so complying.
2: Despite section 398ZA section 398Y
398ZF: Restriction on subsequent distribution of surplus assets
If a wānanga is disestablished, any surplus assets vested in the iwi or Māori concerned under section 398ZC
11: Section 405 amended (Chief executive must monitor and report on institutions)
In section 405
2: In the case of an institution that is a wānanga that is not a Crown entity, the chief executive of TEC—
a: may, along with the council of the wānanga, establish a framework for monitoring risk to the operation and long-term viability of the wānanga, having regard to the purpose set out in section 398B
b: must undertake any monitoring activity in relation to the wānanga in accordance with the framework; and
c: may report on the outcome of risk monitoring in relation to the wānanga to the Minister and to the iwi or Māori to whom the wānanga is accountable for the operation and long-term viability of the wānanga.
3: Nothing in subsection (2)
12: Section 424 amended (Criteria for assessing proposed plans)
After section 424(2)(d)
e: how, in the case of a wānanga, the activities of the wānanga (other than those activities that contribute towards the Government’s priorities set out in the tertiary education strategy) support the functions and purposes of the wānanga.
13: Section 574 amended (Taxes and duties where disestablished institution incorporated into another institution)
1: In section 574(1)(a) section 573(5) and the other institution referred to in that section section 398ZC(1)
2: In section 574(1)(b) and (4) section 573(5) section 398ZC(1)
14: Section 575 amended (Taxes and duties in other cases)
In section 575(1), (2), and (4) section 573(6) section 398ZC(2)
15: New section 575A inserted (Taxes and duties where assets and liabilities of disestablished institution vested in iwi or Māori)
After section 575
575A: Taxes and duties where assets and liabilities of disestablished institution vested in iwi or Māori
1: For the purposes of the Acts specified in Schedule 1 of the Tax Administration Act 1994, and of any other enactment that imposes, or provides for the collection of, a tax, duty, levy, or other charge,—
a: a disestablished wānanga referred to in section 398ZC(4)
b: in respect of the liability under 1 or more of those enactments for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which the real and personal property of the disestablished wānanga vests in the iwi or Māori concerned, all transactions entered into by, and acts of, the disestablished wānanga before the vesting under section 398ZC(4)
2: For the purposes of determining a matter referred to in subsection (3) section 398ZC(4)
3: The matters are whether—
a: any taxpayer satisfies the requirements of section IA 5(2) of the Income Tax Act 2007:
b: any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6 of the Income Tax Act 2007:
c: any debit arises to be recorded in a taxpayer’s imputation credit account under section OB 41 of the Income Tax Act 2007.
4: The vesting of all the real and personal property of a disestablished wānanga in the iwi or Māori concerned under section 398ZC(4)
5: Nothing in subsection (2) or (4) subsection (1) 1989 No 80 s 219
16: Section 611 amended (Conditions of employment of chief executive)
Replace section 611(3)
3: Except where specific conditions of employment for a chief executive are provided in this Act, the conditions of employment for a chief executive must be determined in each case by agreement between the council of the institution and the chief executive, but,—
a: in the case of a wānanga that is a Crown entity, the council must consult the Public Service Commissioner on the conditions of employment before finalising them with the chief executive or amending any or all of the conditions once they have been finalised:
b: in the case of any other institution, the council must obtain the written agreement of the Public Service Commissioner to the conditions of employment before finalising them with the chief executive or amending any or all of the conditions once they have been finalised.
17: Schedule 11 amended
1: In the Schedule 11 271(5) 271(8)
2: In Schedule 11 section 268(1) or under section 398E
3: In Schedule 11 section 276 or under section 398E
4: In Schedule 11 section 276, section 276 or the requirements of an Order in Council made under section 398E
5: In Schedule 11, after clause 11(2), insert:
2A: Despite anything in subclause (2), a council member of a wānanga who does not comply with their individual duties may be removed from office under the provisions for removal of members set out in an Order in Council for the reconstitution or establishment of the wānanga.
2: Other amendments to principal Act
18: Section 5 amended (Minister may issue statement of national education and learning priorities)
In section 5(6)(c) schools and Kura Kaupapa Māori
19: Section 10 amended (Interpretation)
1: In section 10(1) domestic student 2009 who satisfies the criteria (if any) prescribed by regulations made under subsection (2)
2: In section 10(1) Kura Kaupapa Māori section 201 Te Tauihu o Ngā Wānanga
3: In section 10(2) paragraph (a)(ii) of the definition of domestic tertiary student paragraph (b) of the definition of domestic student or paragraph (a)(ii) of the definition of domestic tertiary student
4: After section 10(4)
4A: For the purposes of Part 4A Part 5 of Schedule 1 iwi or Māori
20: New section 94A inserted (Appointment of chief executive of Te Aho o Te Kura Pounamu)
After section 94
94A: Appointment of chief executive of Te Aho o Te Kura Pounamu
The chief executive of Te Aho o Te Kura Pounamu is appointed for a term of not more than 5 years, but may be reappointed for 1 or more terms.
21: Section 115 amended (When State schools must be open)
In section 115 Schedule 21 and any regulations made under this Act regulations made under section 638
22: Section 189 amended (Overview: classifications and types of State schools)
Replace section 189(b)(ii)
ii: designated character school:
iia: Kura Kaupapa Māori:
23: Section 201 replaced (Kura Kaupapa Māori)
Replace section 201
201: Kura Kaupapa Māori
1: When establishing a State school, the Minister may, by notice in the Gazette
2: The Minister may, in the Minister’s absolute discretion, refuse to establish a school as Kura Kaupapa Māori.
3: The Minister may not establish a school under this section unless satisfied that—
a: te reo Māori is to be the main language of instruction at the school:
b: the school is to operate in accordance with Te Aho Matua:
c: it is desirable for students whose parents want them to do so to get such an education:
d: students at the school are to receive an education of a kind that differs significantly from the education they would receive at an ordinary State school.
4: A Kura Kaupapa Māori may have other special characteristics that give it a particular character (its special characteristics
5: The Minister may not establish a State school as a Kura Kaupapa Māori unless the Minister has first consulted te kaitiaki o Te Aho Matua on the ability of the school to operate in accordance with Te Aho Matua.
6: A notice under subsection (1)
a: specify the name of the school, which must at all times begin with the words “Te Kura Kaupapa Māori o”; and
b: state that the school will operate in accordance with Te Aho Matua; and
c: summarise any special characteristics of the school; and
d: specify the constitution of the board of the school.
7: After consultation with the board, the Minister may from time to time, by notice in the Gazette
8: The board of a school established under this section must ensure that—
a: te reo Māori is the principal language of instruction at the school; and
b: the school operates in accordance with Te Aho Matua.
9: The board may refuse to enrol any person whose parents do not accept that the school operates in accordance with Te Aho Matua.
10: The Secretary must, by written notice to a Kura Kaupapa Māori, fix a maximum roll of the school, and the board must ensure that the number of students enrolled at the school is not more than the maximum roll.
11: Except as provided in this section, clause 16 of Schedule 20, and any regulations made under this Act regarding enrolment schemes for Kura Kaupapa Māori, this Act applies to every Kura Kaupapa Māori as if it were not a Kura Kaupapa Māori. 1989 No 80 s 155
24: Section 203 amended (Protection of term Kura Kaupapa Māori)
In section 203(1) section 204 section 201
25: Sections 204 and 205 replaced
Replace sections 204 205
204: Designated character schools
1: When establishing a State school, the Minister may designate the school as a designated character school in accordance with this section and section 205
2: The Minister may, in the Minister’s absolute discretion, refuse to establish a designated character school.
3: The Minister may not establish a school as a designated character school unless satisfied that, if the school is established,—
a: the school is to have a character that is in some specific way or ways different from the character of ordinary State schools (its different character
b: it is desirable for students whose parents want them to do so to get such an education:
c: students at the school are to receive an education of a kind that differs significantly from the education they would receive at an ordinary State school.
4: The board of a designated character school must ensure that—
a: the aims, purposes, and objectives of the school’s different character are set out in the school’s strategic plan; and
b: the school operates consistently with its different character.
5: A board of a designated character school may refuse to enrol students whose parents do not accept that the school operates consistently with its different character.
6: The Secretary must, by written notice to a designated character school, fix a maximum roll of the school, and the board must ensure that the number of students enrolled at the school is not more than the maximum roll.
7: Except as provided in this section, clause 16 of Schedule 20, and any regulations made under this Act regarding enrolment schemes for designated character schools, this Act applies to every designated character school as if it were not a designated character school. 1989 No 80 s 156
205: Process for establishing designated character schools
1: The Minister may, by notice in the Gazette
2: Before doing so, the Minister must be satisfied of the matters in section 204(3)
3: The notice establishing a designated character school must—
a: describe the different character of the school (as defined in section 204(3)(a)
b: state the constitution of the school’s board.
4: The notice establishing a designated character school may also name a body that has a special affiliation with the school or has responsibility for the different character of the school.
5: The Minister may, after consultation with the board of a designated character school, by notice in the Gazette
a: amend the description of the different character of the school:
b: name a body that has a special affiliation with the school or has responsibility for the different character of the school:
c: amend the statement of the constitution of the board.
6: The Minister must consult any body named under subsection (4) or (5)(b) 1989 No 80 s 156AA
26: Section 306 amended (Annual report)
1: After section 306(4)(f)
g: in the case of an institution that is a university or a wānanga, a statement of the number of employees or former employees of the university or wānanga who, in their capacity as employees, received remuneration of $100,000 or more (including compensation or other benefits) in the year to which the report relates and the number of those employees or former employees in each bracket of remuneration in $10,000 increments.
2: After section 306(9)
10: For the purposes of subsection (4)(g) employees
27: Section 323 amended (Term of office)
After section 323(2)
3: If a member’s term of office expires before their successor is appointed, the member continues in office until their successor’s appointment takes effect.
28: Section 527 amended (Requirements that private training establishments must comply with before enrolling international students)
In section 527(2)(c) training scheme approved micro-credential
29: Section 528 amended (Exemptions)
In section 528(1)(b) section 527(2)(b)(ii) section 525(2)(b) or 527(2)(b)(ii)
30: Section 535A amended (Appointment and functions of code administrators)
Repeal section 535A(7)
31: Section 540 amended (How export education levy may be applied)
1: Repeal section 540(5)
2: In section 540(6) this section section 641
3: Renumber section 540(6)
32: New section 548A inserted (Data accessed by Ministry under Data and Statistics Act 2022)
After section 548
548A: Data accessed by Ministry under Data and Statistics Act 2022
1: Despite section 54(1)(c) of the Data and Statistics Act 2022, the Ministry may publish or otherwise disclose, at the level of an early childhood service, data relating to the socio-economic status of children attending early childhood services and their families accessed under Part 5 of that Act in a form that may identify an individual or an organisation if—
a: the publication or other disclosure is for the purpose of assisting the Ministry to develop or use tools relating to the provision of funding to early childhood services under this Act; and
b: the data does not include personal information, as defined in section 7(1) of the Privacy Act 2020, unless the service provider of the early childhood service, who is an individual, has consented to the publication or disclosure of information regarding the service they operate.
2: In subsection (1) organisation
33: Section 594 repealed (Senior positions at institutions)
Repeal section 594
34: Section 617 amended (Minister must issue eligibility criteria relating to appointment of principals)
In section 617(2)(c) schools and Kura Kaupapa Māori
35: Section 638 amended (Regulations relating to how schools must be run)
1: Replace section 638(2)(e)
e: provide for when schools must or may be open and closed for instruction, including (without limitation) by—
i: specifying term dates and the number of half-days on which schools must be open and providing for exceptions in particular cases:
ii: allowing boards to vary the time at which any 1 or more half-days take place subject to any specified preconditions or requirements:
iii: allowing boards to run multiple timetable arrangements unconditionally or subject to any specified preconditions or requirements:
iv: authorising the Minister, by notice, to determine the matters set out in subparagraphs (i) to (iii)
2: After section 638(4)
5: If the regulations authorise the Minister to determine matters referred to in subsection (2)(e)
a: an instrument that determines those matters is secondary legislation ( see
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.
36: Section 659 amended (Power of boards to close schools)
1: In section 659(1) Schedule 21 regulations made under section 638(2)(e)
2: In section 659(2) clause 1 of Schedule 21 regulations made under section 638(2)(e)
37: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
38: Schedule 4 amended
1: In Schedule 4
2: The service provider must—
a: obtain the Police vet required by subclause (1) before the person begins work at the early childhood service; and
b: consider the information contained in the Police vet to assess whether the person would pose a risk to the safety of children if the person were to carry out work at the service.
3: In carrying out an assessment under subclause (2)(b)
2: In Schedule 4
1A: The service provider must—
a: obtain the Police vet required by subclause (1) before the contractor, or employee of a contractor, has, or is likely to have, unsupervised access to children at the service; and
b: consider the information contained in the Police vet to assess whether the contractor, or employee of a contractor, would pose a risk to the safety of children if they had unsupervised access to children at the service.
1B: In carrying out an assessment under subclause (1A)(b)
3: In Schedule 4
1: The service provider must—
a: obtain the Police vet required by clause 5,—
i: in the case of a home to be used as a licensed home-based education and care service, before the home is used as a licensed home-based education and care service:
ii: in the case of a home that is being used as a licensed home-based education and care service, before the adult begins to live in the home; and
b: consider the information contained in the Police vet to assess whether the person would pose a risk to the safety of children to whom the service is provided.
1A: In carrying out an assessment under subclause (1)(b)
4: In Schedule 4
2: The board or managers must—
a: obtain the Police vet required by subclause (1) before the person begins work at the school; and
b: consider the information contained in the Police vet to assess whether the person would pose a risk to the safety of children if the person were to carry out work at the school.
3: In carrying out an assessment under subclause (2)(b)
5: In Schedule 4
1A: The board or managers must—
a: obtain the Police vet required by subclause (1) before the contractor, or employee of a contractor, has, or is likely to have, unsupervised access to children at the school; and
b: consider the information contained in the Police vet to assess whether the contractor, or employee of a contractor, would pose a risk to the safety of children if they had unsupervised access to children at the school.
1B: In carrying out an assessment under subclause (1A)(b)
39: Schedule 23 amended
1: In Schedule 23
a: that every board should reflect—
i: the ethnic diversity of the student body and the community of the school or special institution; and
ii: the socio-economic diversity of the student body and the community of the school or special institution; and
iii: the genders, sexualities, and sexes of the student body and the community of the school or special institution; and
iv: the diversity of disabled students at the school and the school’s or special institution’s disability community; and
v: the character of the school, or special institution, it administers; and
vi: the character of the community of the school or special institution (whether geographical or otherwise) that the school or special institution serves; and
2: In Schedule 23
3: For the purposes of subclause (1)(a)(i) to (iii) and (vi) community of the school or special institution
a: means—
i: the parents, families, and whānau of the students of the school or special institution; and
ii: the Māori community associated with the school or special institution; and
b: includes any other person, or group of persons, whom the board considers is part of its community.
3: In Schedule 23
fa: a person who has been convicted of a specified offence identified in Schedule 2 of the Children’s Act 2014, unless that person has obtained a pardon or been granted an exemption under subclause (5)
4: In Schedule 23
5: The Secretary may, on application, grant an exemption under this subclause to a person described in subclause (1)(fa)
6: The Secretary may, from time to time, audit an elected, appointed, or co-opted board member’s continuing eligibility under subclause (1) to be a board member.
7: For the purposes of subclause (6)
5: In Schedule 23
f: fails to provide permission under clause 9(7)
6: In Schedule 23 A casual Subject to subclauses (3) to (9), a casual
7: In Schedule 23
3: Amendments to other legislation
Amendment to Crown Entities Act 2004
40: Principal Act
Section 41 Crown Entities Act 2004 2023-08-23 Crown Entities Act 2004 see section 2(2)
41: Section 7 amended (Meaning of Crown entity and categories of Crown entities)
In section 7(1)(e) 2020 2020, excluding an institution that is a wānanga that is not a Crown entity Amendment to Income Tax Act 2007
42: Principal Act
Section 43 Income Tax Act 2007 2023-08-23 Income Tax Act 2007 see section 2(2)
43: Section YA 1 amended (Definitions)
In section YA 1 tertiary education institution subpart 3 or 4 of Part 4 or Part 4A Amendment to Local Government Official Information and Meetings Act 1987
44: Principal Act
Section 45 Local Government Official Information and Meetings Act 1987 2023-08-23 Local Government Official Information and Meetings Act 1987 see section 2(2)
45: Schedule 2 amended
In Schedule 2 Councils of wānanga established under Part 4A Amendment to Ombudsmen Act 1975
46: Principal Act
Section 47 Ombudsmen Act 1975 2023-08-23 Ombudsmen Act 1975 see section 2(2)
47: Schedule 1 amended
In Schedule 1 Wānanga established under Part 4A Amendment to Public Audit Act 2001
48: Principal Act
Section 49 Public Audit Act 2001 2023-08-23 Public Audit Act 2001 see section 2(2)
49: Schedule 1 amended
In Schedule 1 Wānanga that are not Crown entities. Amendment to Tax Administration Act 1994
50: Principal Act
Section 51 Tax Administration Act 1994 2023-08-23 Tax Administration Act 1994
51: Section 32E amended (Applications for RWT-exempt status)
In section 32E(2)(kc) subpart 3 of Part 4 or Part 4A