U3.35 Definition of 'domestic student'

For the purposes of student policy a 'domestic student' means a 'domestic student' as defined in Section 2 of the Education Act 1989. The Ministry of Education holds a complete list of who is considered to be a domestic student for the purpose of fee payment and enrolment.

U3.35.1 Primary and secondary schooling domestic students who do not require a permit

The following people are considered to be domestic students for the purpose of attending primary and secondary schools and do not require a permit in order to undertake study in New Zealand:

1. New Zealand citizens, including students from Tokelau, the Cook Islands and Niue.
2. New Zealand residents.
3. People who are exempt from the requirement to hold a permit by virtue of section 11(1) paragraphs (a) (b) and (f) of the Immigration Act 1987. These are:
   1. people who are entitled to diplomatic or consular immunity (see U8.10); and
   2. members of a visiting force or its civilian component and their dependants (see U8.15); and
   3. members of, or people associated with, a scientific programme or expedition under the Antarctic Act 1960.
4. Australian citizens.

U3.35.5 Primary and secondary domestic students who require a student permit or limited purpose permit

The following people require a student permit or limited purpose permit in order to undertake study in New Zealand but are considered to be domestic students for the purposes of attending primary and secondary schools and are exempt from paying foreign course fees:

1. Dependent children of any person who is in New Zealand to study under an exchange programme approved by the New Zealand Government.
2. Children whose application for permanent residence is under consideration and who are the dependent children of any person who is the holder of a New Zealand residence permit.
3. Children whose application for New Zealand citizenship is under consideration and who are the dependent children of a New Zealand citizen.
4. Dependent children of any person who is the holder of a valid work permit other than those excluded under U8.20.
5. Dependent children of any person who is the holder of a Commonwealth Scholarship.
6. Students who have, or dependent children of any person who has, made a claim to be recognised as a refugee in accordance with Part 6A of the Immigration Act 1987.
7. Dependent children of a foreign student enrolled in any Doctor of Philosophy (PhD) programme in a New Zealand university.
8. Dependent children of any person who, during the current calendar year, last ceased to be exempt from the requirement to hold a permit under the diplomatic or consular immunity provision of section 11(1)(a) of the Immigration Act 1987.
9. Students who have entered New Zealand for the purposes of adoption and:
   1. whose adoption application before the New Zealand Family Court (where the Final Order will entitle that student to education as a domestic student) is supported by the Department of Child, Youth and Family Services and who has a letter from the Department of Child, Youth and Family Services confirming this support; or
   2. who are the subject of an Interim Order of Adoption granted by the New Zealand Family Court under section 5 of the Adoption Act 1955 (where the Final Order will entitle that student to education as a domestic student).
10. People who are in the custody of the Chief Executive of the Ministry of Social Development pursuant to any of the following orders:
    1. an order, pursuant to sections 78, 101 or 238(1)(d) of the Children, Young Persons and their Families Act 1989, in favour of the Chief Executive of the Ministry of Social Development; or
    2. an order, pursuant to section 110 of the Children, Young Persons and their Families Act 1989, appointing the Chief Executive of the Ministry of Social Development as sole guardian; or
    3. an order, pursuant to section 33 of the Care of Children Act 2004, whereby a child or young person is placed under the Guardianship of the Family Court or the High Court and the Chief Executive of the Ministry of Social Development is appointed as agent of the court with power and discretion to place the child.
11. People who are the holders of limited purpose permits granted for the purpose of determining their immigration status.
12. Dependent children of any person who is the holder of a NZAID Scholarship.
13. Dependent children of any person who is the holder of a visitor's permit granted under V3.115.

U3.35.10 Exchange students

1. Students who are in New Zealand to study under an exchange programme approved by the New Zealand Government (see P4) are considered to be international students and are entitled to attend a primary or secondary school which is a signatory to the Ministry of Education's Code of Practice for Pastoral Care of International Students (see U5.1), or a tertiary education institution.
2. Such students require a student permit but do not have to pay course fees.

U3.35.15 Tertiary sector domestic students who do not require a permit

The following people are considered to be domestic students for the purpose of attending an educational institution in the tertiary sector (see U5.20) and do not require a permit in order to undertake study or training in New Zealand:

1. New Zealand citizens, including students from Tokelau, the Cook Islands and Niue.
2. New Zealand residents.
3. People who are exempt from the requirement to hold a permit by virtue of section 11(1) paragraphs (a) (b) and (f) of the Immigration Act 1987. These are:
   1. people who are entitled to diplomatic or consular immunity (see U8.10); and
   2. members of a visiting force or its civilian component and their dependants (see U8.15); and
   3. members of, or people associated with, a scientific programme or expedition under the Antarctic Act 1960.
4. Australian citizens.

U3.35.20 Tertiary sector domestic students who require a student permit

Students enrolled for the first time in any Doctor of Philosophy (PhD) programme, after 19 April 2005, in any New Zealand university require a student permit in order to undertake study in New Zealand but are considered to be domestic students for the purpose of attending an educational institution in the tertiary sector (see U5.20) and are exempt from paying foreign course fees.

Effective 14/09/2009