Rules for approved education providers
There are rules you must follow if you are an approved education provider to ensure the wellbeing and safety of your international students. You must also make sure your students are in New Zealand legally and not give students any immigration advice.
Caring for international students
If you are an approved education provider and enrol international students, you must sign and follow a code of practice for the care of your students.
The Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 (the Code) makes sure that international students are well-informed, safe and properly cared for.
The New Zealand Qualifications Authority (NZQA) maintains the register of education providers the Code applies to. International students cannot study at an institution that is not a signatory to the Code.
The Code sets out the requirements that education providers must meet for the wellbeing and safety of their learners. It makes sure that:
- high professional standards are maintained
- the recruitment and contracting of international students are done ethically and responsibly
- information supplied to students is comprehensive, accurate and up to date
- students are provided with information before entering into any commitments
- the particular needs of international students are recognised
- students are in safe accommodation
- all providers have fair procedures for resolving student grievances.
Safe accommodation
The Code states that an international student must live with their parent or legal guardian if the student is:
- younger than 10 and will not be living in a school hostel
- aged between 10 and 17 and there is no residential caregiver.
The Code defines a residential caregiver as any one of the following:
- a homestay carer
- a licensed hostel manager or other person responsible for the care of international students in a licensed hostel
- a designated caregiver
- a manager of tertiary student accommodation that is exempt from the Residential Tenancies Act 1986 and covered by Part 5 of the Code
- in the case of temporary accommodation, a supervisor who is responsible for the care of international students.
Consent required to disclose student details
You must make sure that prospective students are fully informed, and consent to the disclosure of their personal information.
Personal details are given to Immigration New Zealand to verify a student's immigration status.
Example of a privacy statement for enrolment forms
The information collected in this form may be disclosed to Immigration New Zealand for the purpose of verifying [your/your child’s] eligibility to study in New Zealand, in accordance with the Privacy Act 2020. Please note: this information will not be used by Immigration New Zealand to identify children who are unlawfully in New Zealand.
Providing immigration advice to students
You cannot provide students with immigration advice. This includes:
- information about which visa would be best for them
- what documents they may need for an application
- what pathways they have to work or residence.
You can guide students to publicly available information. For example, on the Immigration New Zealand website or on a visa form. This is not classified as immigration advice.
Only people who are licensed immigration advisers can provide advice on immigration matters, unless they are exempt under the Immigration Advisers Licensing Act 2007.
Note
Exempt people include education agents who are based out of New Zealand and provide advice on student visas only. They cannot provide advice on any other type of visa or immigration matter.
If a student is studying in New Zealand unlawfully
Post-compulsory education providers
If you provide education after the age of compulsory schooling, for example tertiary education and English language studies, you are breaking the law if you allow an international student to study in New Zealand when you know the student is not legally allowed to study here.
This includes students who are in New Zealand unlawfully — who:
- are not a New Zealand citizen or do not have a New Zealand resident visa
- do not have a current visa to be in New Zealand.
Under section 352 of the Immigration Act 2009 (the Act), you are not breaking the law if you can show that you did not know the student was not entitled to study. You must demonstrate that you took ‘reasonable precautions’ and ‘exercised due diligence’ to find out if the person was entitled to study their course.
Under the Act, immigration officers have powers to enter an education provider’s premises and inspect their records.
Section 352 of the Immigration Act 2009 — New Zealand Legislation
Note
If Immigration New Zealand has informed you in writing that a student is not entitled to study, they would consider that you knew a student was not entitled to study.
Penalties
The penalty for allowing a student to study a course when they are not entitled to study is a fine of up to NZD $30,000, or up to NZD $50,000 when the provider has knowingly let them study.
Compulsory education providers
If you provide primary, intermediate or secondary school education from years 1 to 13 (compulsory education) you cannot be prosecuted for enrolling a child who is not legally allowed to study in New Zealand. Immigration officers cannot use their powers of entry and inspection to search the records of compulsory education providers.