Education Act 1989

224 Enrolment of students

• (1) In this section,—

  eligible person, in relation to a course of study or training at an institution, means a person who is eligible to be enrolled as a student in that course by virtue of subsection (2)

  year means a period of 12 months commencing on 1 January.

  (2) Subject to this section, a person is eligible to be enrolled as a student at any institution in a course of study or training provided by the institution if, and only if,—

  • (a) 1 of the following subparagraphs applies:

    • (i) the person is a domestic student:

    • (ii) the person is an exempt student:

    • (iii) the council of the institution consents; and

  • (b) the person holds the minimum entry qualifications for the course determined by the council; and

  • (c) the person has attained—

    • (i) if the institution has fixed a minimum age for enrolment at the institution, the age so fixed; and

    • (ii) if the institution has fixed a minimum age for enrolment in the course, the age so fixed.

  (3) Paragraphs (b) and (c) of subsection (2) do not apply to a person if—

  • (a) the person has attained the age of 20 years; or

  • (b) the council of the institution is satisfied that the person is capable of undertaking the course of study or training concerned.

  (4) Where an eligible person applies for enrolment in a course of study or training at an institution, the person is, subject to this section, entitled to be enrolled in that course.

  (5) Where the council of an institution is satisfied that it is necessary to do so because of insufficiency of staff, accommodation, or equipment, the council may determine the maximum number of students who may be enrolled in a particular course of study or training at the institution in a particular year.

  (6) Where—

  • (a) the maximum number of persons who may be enrolled at an institution in a particular course in a particular year is determined by the council of the institution under subsection (5); and

  • (b) the number of eligible persons who apply for enrolment in that course in that year exceeds the maximum number so determined—

  the council may, in the selection of the students to be enrolled, give preference to eligible persons who are included in a class of persons that is under-represented among the students undertaking the course.

  (7) The council of an institution shall not permit a foreign student to be enrolled at the institution in a course of study or training the duration of which will be or is likely to be not less than 3 months unless the course is an approved course and the institution is accredited to provide the course.

  (8) The duration of a course of study or training for the purposes of subsection (7) is the period from and including the day on which the course starts to and including the day on which the course ends or is likely to end, as the case requires, irrespective of the number of days during that period on which study or training takes place or is proposed to take place.

  (9) Except as provided in subsection (11) or subsection (12), no foreign student other than an exempt student shall be enrolled at an institution if the student's enrolment at the institution would have the effect that a domestic student, or an exempt student, who is eligible to enrol at the institution and has applied for enrolment would not be able to be enrolled.

  (10) Except as provided in subsection (11) or subsection (12), no foreign student other than an exempt student shall be enrolled in any course of study or training at an institution if the student's enrolment in that course would have the effect that a domestic student, or an exempt student, who is eligible to enrol in the course and has applied for enrolment in the course would not be able to be enrolled in it.

  (11) Any assisted student may be enrolled at an institution, or in a course of study or training at an institution, by agreement between the council and the chief executive of the Ministry of Foreign Affairs and Trade.

  (12) Notwithstanding that domestic students and exempt students may not be able to be enrolled at an institution or in a course of study or training at an institution, a foreign student who is not an exempt student may be enrolled at the institution, or in that course of study or training at the institution, if the enrolment is in a vacant place—

  • (a) that the council of the institution established for foreign students; and

  • (b) whose continued availability is dependent on the fees payable by foreign students enrolled in it.

  (13) Nothing in this section prevents the council of an institution from refusing to permit, or from cancelling, the enrolment of a person as a student at the institution, or in a particular course of study or training at the institution, on the ground that—

  • (a) the person is not of good character; or

  • (b) the person has been guilty of misconduct or a breach of discipline; or

  • (c) the person is enrolled for full-time instruction in another institution or in a school; or

  • (d) the person has made insufficient progress in the person's study or training after a reasonable trial at the institution or at another institution.

  (14) The chief executive of an institution that provides approved courses of pre-service teacher-training shall ensure that the appropriate authorities of the institution liaise with the appropriate authorities of other institutions that provide such courses so as to establish common requirements to govern the selection of people for enrolment, and the enrolment of people, in those courses.

  Section 224: added, on 1 January 1991, by section 38 of the Education Amendment Act 1990 (1990 No 60).

  Section 224(11): amended, on 1 July 1993, pursuant to section 9(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).