The Education and Training Act 2020: Tertiary Education and Training

The Education and Training Act 2020 aims to give all learners a high-quality, culturally responsive, seamless and inclusive education, from early learning, through schooling, and into tertiary education, vocational training and employment.

What is the Education and Training Act?

The Act is the biggest rewrite of education legislation in decades. Much of its content gives effect to the Government’s plans to transform the education system, following the Kōrero Mātauranga | Education Conversation and the Tomorrow’s Schools Taskforce report.

The Act incorporates and replaces the Education Acts of 1964 and 1989, and also incorporates the Education (Pastoral Care) Amendment Act 2019 and the Education (Vocational Education and Training Reform) Amendment Act 2020.

What changes are there for the tertiary education sector?

Tertiary Education Strategy remains valid until replaced or withdrawn

The Act (section 7) continues the ability for the Minister to issue a Tertiary Education Strategy (TES) and clarifies that any existing TES remains valid and does not expire until it is replaced by a new one or withdrawn. This clarification provides more certainty to the tertiary education sector, the Tertiary Education Commission, and New Zealand Qualifications Authority.

Workforce Development Council (WDC) endorsement of programmes

The Act (section 366) allows the Minister to specify criteria, in a Gazette notice, about when a Workforce Development Council must endorse a programme before it may be approved by New Zealand Qualifications Authority (NZQA). The new arrangements provide further clarity to Workforce Development Councils, tertiary education providers, and NZQA about the scope of WDC endorsement.  

WDCs will first focus on non-degree provision in their area of interest. Degree programmes will not require WDC endorsement as this could conflict with the principle of academic freedom.

Tertiary education providers will be able to seek WDC endorsement for their programme, even if only part of the programme is covered by the WDC. This is consistent with the industry-provider collaboration that the Reforms of Vocational Education are intended to encourage.

Further work will be undertaken on the criteria for Workforce Development Council approval of programmes. The Minister’s criteria for Workforce Development Council endorsement of programmes will be published in the Gazette.

Increased period for laying charges

The Act (sections 386 and 387) extends the limitation period for student loan and allowance offences to up to 12 months after the Ministry of Social Development (MSD)  becomes aware of offending.

This is consistent with other similar offences and allows sufficient time for offences to be detected, investigated and prosecuted. 

These offences relate to institutions and private training establishments, who fail to provide information or who provide false or misleading information in response to requests.

Student loan and allowance information

The Act (schedule 9) allows MSD to hold social housing information in the same database as student loan and allowances information and social security benefit information. This will allow the Ministry of Social Development to efficiently store information and provide better client services.

Extended term for Education (Pastoral Care of Domestic Tertiary Students) Interim Code of Practice 2019

The term of the Education (Pastoral Care of Domestic Tertiary Students) Interim Code of Practice 2019 (Interim Code) has been extended by one year, until 1 January 2022 (see schedule 1).  The extension of the Interim Code reflects that the demands of COVID-19 have meant that tertiary learners, providers and employees have been unable to contribute to the development of a long-term Code within the original timeframe.

The Education (Pastoral Care of Domestic Tertiary Students) Interim Code of Practice 2019 [PDF, 290 KB] is currently in place.

NZQA has published guidance and is running online workshops to help providers implement the Interim Code.

Implementation guidance for the Education (Pastoral Care of Domestic Tertiary Students) Interim Code of Practice 2019(external link)

Providers are required to have student complaint systems in place. Students are able to raise any disputes with their tertiary provider. However, if a student is not satisfied with the outcome of that complaints process, they are able to escalate their concerns to NZQA as the Code Administrator. Students are also able to take a dispute to the disputes tribunal in certain circumstances.

Tertiary education providers, staff, peak bodies, learners, iwi and others can participate in the development of the long-term Code. The Ministry of Education will be engaging with the sector on the development of this Code and also on the development of a disputes resolution service.

Cancelled Export Education Levy Payment Obligations

The Act (schedule 1) cancels the requirement for providers to make Export Education Levy (EEL) payments for 2020 and 2021, to help providers affected by the loss of international students. This change will give additional opportunities for providers to remain viable and support the COVID-19 response and recovery. Levies already paid will be refunded and the Crown will cover the costs of the services funded by the EEL during this time.

Varying tertiary education funding determination without a stand down when there is an emergency or epidemic

The Act (section 423) allows the Minister to vary a funding determination immediately following consultation, when there is an epidemic notice issued or a national or local state of emergency. Prior to the legislation change, the revised funding mechanism would take effect three months after the variation or at the beginning of the next calendar year, whichever is later.

The Minister will still be required to consult all organisations that would be affected by the proposed variation and all other persons and organisations that the Minister considers ought to be consulted.

This change would improve the way that tertiary education organisations and the Tertiary Education Commission can respond to and support the recovery from epidemics or national/local states of emergency.

Private training establishment sub-categories

The Act (section 342) allows the Minister to establish sub-categories of private training establishments (PTEs) by Gazette notice.

The Minister of Education is already able to recognise a registered establishment as a community tertiary education provider. This enables community tertiary education providers to be recognised for regulatory purposes as a distinct grouping of PTEs.

Rather than continuing to establish new categories one-by-one through legislative change, the Minister proposes to establish a provision enabling the Minister to identify PTE subcategories through a Gazette notice.

Once Gazetted, the sub-categories of PTEs could be used as needed for regulatory purposes by New Zealand Qualifications Authority or the Ministry of Education in relation to things such as quality assurance, levy payment, etc.

Any changes to regulatory provisions relating to individual categories will follow standard requirements for consultation and due process.

When do the changes take effect?

Tertiary Education Strategy remains valid until replaced or withdrawn

August 2020.

Workforce Development Council endorsement of programmes

Workforce Development Councils were given the power to endorse programmes in the Education (Vocational Education and Training Reform) Amendment Act 2020.

The Minister can set criteria for the Workforce Development Councils’ endorsement of programmes from August 2020.

Increased period for laying charges

August 2020.

Student Loan and Allowance information

August 2020.

Extended Education (Pastoral Care of Domestic Tertiary Students) Interim Code of Practice 2019

August 2020

The Interim Code will expire on 1 January 2022.

An ongoing code will be developed during 2020 and 2021.

Cancelled Export Education Levy Payment Obligations

August 2020.

Any EEL payments already made for 2020 enrolments will be refunded and no EEL payments will need to be made in 2020 or 2021.

Varying funding determination without a stand down in an epidemic or national/local state of emergency

August 2020.

The power may only be exercised when a national or local state of emergency or transition period is declared, or when an epidemic notice is in place under the requisite legislation.

Private training establishment (PTE) sub-categories

The identification of PTE sub-categories will be possible from August 2020.

Further information

More information on all the changes in the Act

Last reviewed: Has this been useful? Give us your feedback