Statutory actions

Information about statutory actions and a list of the statutory actions NZQA is currently taking

The statutory actions listed on this page include a summary of the action and its current status.

Actions are listed alphabetically by the tertiary education organisations' (TEOs) legal names.

Current statutory actions

TEO name MoE No. Context and Description Status of the Action
Te Pūkenga – New Zealand Institute of Skills and Technology trading as: EIT 6007

Context

Accreditation to deliver the New Zealand Certificate in Health and Wellbeing (Social and Community Services) (Level 4) with strand in Mental Health and Addiction Support (121341-2) (‘the NZCHW’). 

Description 

Conditions on accreditation to provide the NZCHW have been imposed, with EIT’s agreement.

The conditions require EIT to review its assessment materials, to carry out internal and external moderation for every assessment task issued to students, and to participate in NZQA monitoring of the programme in late 2025 (or early 2026). The conditions also require EIT to stop new enrolments on the NZCHW until its review of assessments is completed.

Conditions imposed on 17 September 2024.

Te Pūkenga – WelTec  6008

Context

Accreditation to deliver the New Zealand Diploma in Information Technology Technical Support (Level 5) programme (‘the NZDITTS’).

Description

Conditions on the accreditation to provide the NZDITTS have been imposed, with Te Pūkenga – WelTec’s agreement.

The conditions require Te Pūkenga -WelTec to review its assessment materials, to carry out moderation for every assessment task issued to students, and to participate in NZQA monitoring of the programme in late 2024 (or early 2025).

Conditions imposed on 18 August 2023.
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Exemption conditions (for example under 348(1) of the Act) are not published as they do not relate to provider non-compliance, corrective action or intervention.

Conditions imposed when granting programme or micro-credential accreditation or consent to assess are not published for the same reason.

About statutory actions

Statutory actions are actions taken in accordance with the provisions of the Education and Training Act 2020 (the Act).

NZQA has the legal power to use a range of statutory actions, where relevant and applicable, when a non-university TEO or Code signatory is not compliant with:

  • the Act
  • NZQA rules, made under section 452 of the Act, or
  • the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 (the Code). 

When possible, we work informally with organisations in the first instance to address non-compliance. We do this by issuing a reminder, formal letter, or requesting an action plan.

If an informal approach is unsuccessful, or the non-compliance is more serious or poses an immediate risk to students or the public, we may escalate cases to a statutory action.

The Education and Training Act 2020 (external link)

NZQA rules

The Code

The statutory actions we use

Compliance notice

For TEOs

Directs the organisation to do (or stop doing) something specific. This may be in relation to a statutory approval, conditions on work-based training, or a requirement to provide information.

Example: Make sure student files are accurate and complete by a given date.

For Workforce Development Councils (WDCs)

Directs the WDC to do (or stop doing) something specific in relation to a prescribed quality assurance requirement, or to address concerns set out in a quality assurance improvement notice.

TEOs and WDCs are required to address the content of the compliance notice within the timeframe specified.

A compliance notice is listed on this page from the date of issue to a maximum of 5 working days after it is closed.

Conditions imposed

Specifies constraints a TEO will be subject to. Conditions imposed can be time-bound or indefinite.

Examples: Submit extra assessment materials for moderation and demonstrate improved moderation results, or (for Code signatories) stop enrolling new international students.

Conditions imposed are listed on this page from when a condition is imposed to a maximum of 5 working days after it is revoked.

Withdrawal

Withdrawal of consent to assess against standards, micro-credential approval, micro-credential accreditation, programme approval or programme accreditation.

A withdrawal is listed on this page for 6 months after the notice is issued.

Removal of Code signatory status

Prevents the Code signatory from enrolling any new international students, or continuing to have its existing international students enrolled.

Removal of Code signatory status is listed on this page for 6 months after the notice is issued.

Cancellation of registration (PTE only)

Removal of a private training establishment’s registration.

Cancellation of registration is listed on this page for 6 months after the notice is issued.

Quality assurance improvement notice (WDC only)

Sets out any concerns NZQA has about a WDC's systems, practices and procedures. It also specifies a reasonable timeframe in which we expect the WDC to address our concerns.

If a quality assurance improvement notice is not complied with inside its specified timeframe, we may issue a compliance notice to address its concerns.

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