Modernising the governance arrangements for universities and wānanga

Agency Disclosure Statement

This regulatory impact statement has been prepared by the Ministry of Education.

This regulatory impact statement provides an analysis of options to ensure that universities and wānanga are governed efficiently and effectively. Development and analysis of options was informed by public consultation and by communication with university and wānanga councils and senior management.

This regulatory impact statement recommends changes to the following parameters of university and wānanga governance: council size, council membership, council members’ capabilities, and members’ individual duties and accountabilities. These changes would require legislative change to the Education Act 1989.

This regulatory impact statement identifies significant risks with proceeding with the recommended changes. It is likely that proceeding with the recommended changes will be met with opposition from some universities, most union and peak-body organisations, and many individuals.

Staff and students may feel particularly disenfranchised by the elimination of required representational membership from university and wānanga councils. Their reactions to legislative change may be significant and may mean that the costs of change could erode the benefits.

None of the options considered in this regulatory impact statement are likely to impair private property rights or to override common law principles. The options will have minimal impacts on business costs.

Roger Smyth

Acting Group Manager, Tertiary Education, Ministry of Education

4 December 2013

 

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