Statutory declarations as a fit and proper person and of conflicts of interest

Conflicts of interest statutory declaration

Under section 348(1)(c) of the Education and Training Act 2020 it is a condition of ongoing PTE registration that:

• any new governing member submits a Conflict of Interest Statutory Declaration before commencing as a governing member of the establishment
• existing governing members keep their Conflict of Interest Statutory Declaration up to date.

Section 348(1)(c) of the Education and Training Act 2020 (external link)

What you must declare

The conflicts of interest statutory declaration must:

• disclose any material conflicts of interest arising from the person’s role as a governing member of the establishment
• disclose any interests in organisations in the education or immigration sector that provide goods or services to tertiary students
• include any arrangements to manage or mitigate the potential conflicts identified
• be updated if circumstances change.

What is a conflict of interest?

Proposed and current governing members should disclose where they, or a close relative, have an interest in a transaction that is not aligned with the PTE’s interest (i.e you or a relative have an involvement in a transaction that might disadvantage the PTE that you also have an interest in, or benefit you or your close relative).

This is likely to be a situation where a material conflict exists between the governing member’s own interests and that of the PTE.

Proposed and current governing members must disclose any interest they have in organisations in the education or immigration sector that provide goods or services to tertiary students.

The reason for this lower disclosure threshold is the likelihood of a conflict of interest in this situation between the governing member/PTE and the interests of students.

Examples of situations where interests must be disclosed include, but are not limited to, the following:

• The governing member has loaned money to the PTE
• A close relative of the governing member has entered into a significant contract with the PTE
• A company owned by the governing member is the PTE’s landlord
• The governing member is a shareholder or director in an immigration consultancy that offers immigration services to prospective students of the PTE.

NZQA will evaluate each declaration on a case-by-case basis. If they are uncertain whether their position could be considered a conflict of interest, governing members are advised to take a conservative approach and make a disclosure.

NZQA verifying information

By signing the declaration form, the governing member has authorised NZQA to verify the information provided in the declaration with third parties. These third parties may include but are not limited to, for example, Immigration New Zealand, Employment New Zealand (the Labour Inspectorate), NZ Police, NZ Customs, and Inland Revenue.

NZQA may request this information directly, or through another party or agency.

Where the declaration is part of an application for PTE registration or Change or Ownership, if it is found that any information provided in it is intentionally false or misleading, NZQA will stop the evaluation of the application for PTE registration or Change or Ownership and investigate the inconsistencies.

Recording intentionally false or misleading information in this form or supporting documents may cause NZQA to decline an application for PTE registration or Change or Ownership.