Regulations to better support international students

The Education (Pastoral Care of International Students) Code of Practice 2016 was replaced by the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 on 1 January 2022.

The new code provides for the pastoral care of both domestic tertiary and international learners in New Zealand. More information can be found here on our website.

Education (Pastoral Care of Domestic Tertiary and International Learners) Code of Practice 2021(external link)

The Education (Pastoral Care of International Students) Code of Practice 2016 was previously released alongside the International Student Contract Dispute Resolution Scheme (DRS) on 1 July 2016. The DRS will remain active.

Education (Pastoral Care of International Students) Code of Practice 2016

Education providers wishing to enrol international students must become signatories to the Code of Practice.

Under the Code of Practice:

  • Signatories are required to achieve 10 outcomes, following prescribed processes.
  • As the Code Administrator, the New Zealand Qualifications Authority (NZQA), has the power to take action against signatories who are found to be in breach of the code.

The Code prescribes systems and supports to ensure the wellbeing and safety of domestic tertiary and international learners, through one set of clear rules and expectations to meet diverse groups of learners’ needs. 

NZQA provides support to signatories(external link) to ensure they meet the required outcomes and processes as outlined in the Code of Practice.

Since 1 January 2022, signatories have been required to comply with the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021. This Code replaced the existing Interim Code of Practice for domestic tertiary learners, and the Code of Practice for international learners. More information can be found on our website.

Education (Pastoral Care of Domestic Tertiary Students) Code of Practice(external link)

The International Student Contract Dispute Resolution Scheme (DRS)

The DRS provides a free, faster and more effective process for students to resolve contractual and financial disputes with education providers.

Helping international students resolve complaints with their education provider — iStudent Complaints website(external link)

FairWay Resolution Limited administers the DRS.

Further information about the DRS is available on the New Zealand Government's Legislation website.

International Student Contract DRS Rules 2016 — NZ Legislation website(external link)

Making a complaint

Students (or their advocates) should follow their education provider’s complaints process to work with the provider to resolve the issue. If this is unsuccessful, students can contact NZQA about their concerns or complaints about an education provider.

Student complaints about an education provider — NZQA website(external link)

If the complaint is contractual or financial, NZQA will direct the complainant to FairWay Resolutions Limited for the complaint to be resolved under the International Student Contract Dispute Resolution Scheme (DRS). Students can also contact the DRS directly.

The DRS is a free service for students. Students may choose to use the DRS or take the case to a tribunal or court, which will charge a fee to users and may take longer.

NZQA can also assist with education quality concerns about institutes of technology, polytechnics and private training establishments, but will refer other concerns to other relevant agencies.

Funding for administering the Code and DRS

Funding comes from the Export Education Levy collected from all education providers enrolling international students.

New Export Education Levy rates from 2019

The Ministry's role

The Ministry's role is to lead policy advice on international education, including the:

  • Code of Practice and DRS rules
  • Export Education Levy regulation, and
  • International Education Strategy

International Education Strategy

We administer the Export Education Levy which is funded by providers for a wide range of initiatives for export education, including funding the administration of the Code of Practice and the operation of the DRS.

New Export Education Levy rates from 2019

We also provide approval for exchange programme organisations and school-to-school and tertiary provider exchange programmes.

New Zealand schools approved to operate exchange programmes(external link)

Further information

For further information email:

international.division@education.govt.nz

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