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Education (Establishment of Universities of Technology) Amendment Bill Member’s Bill Explanatory note General policy statement The purpose of this Bill is to amend the Education Act 1989 to pro­ vide for the establishment of a new category of institution, a univer­ sity of technology.

Such a category will cater for institutions with a proﬁle extending across the university and polytechnic sectors.
The addition of such a category will help to bridge a signiﬁcant legal gap within the current structure of the tertiary education sector, while en­ hancing ﬂexibility and encouraging differentiation.

Universities of technology will have a primary responsibility for cre­ ating pathways for students to move seamlessly across all levels of tertiary education, providing the highest standards of professional and vocational education.
By comparison with research­led univer­ sities, their lower proportion of research post­graduate students, and intensity of internationally published research, will be offset by a particularly strong commitment to high level professional and voca­ tional education, establishment of close links with business and in­ dustry, engagement in applied research and advanced practice, deliv­ ery of appropriate sub­degree programmes, and provision for path­ ways by which students can progress to higher levels of education and training as and when required to pursue their career goals.
97—1 2 Education (Establishment of Universities of Technology) Amendment Bill Explanatory note The creation of a new category of tertiary institution will reﬂect the international diversiﬁcation of higher education providers, and nat­ ural development following the creation of the new class of specialist colleges.

Background The Education Act currently categorises institutions as universities, polytechnics, colleges of education, specialist colleges or wananga.
More ﬂexibility is needed to better recognise dual­sector institutions that provide pathways from sub­degree to degree education.

A uni­ versity of technology will demonstrate the same essential character­ istics as any other university, but the primary mission of a university of technology will be to raise workplace skills and knowledge to meet a broad spectrum of industry, business and community needs.
The establishment of the university of technology category will bring the New Zealand tertiary sector into line with tertiary sectors over­ seas.

The capacity to recognise tertiary institutions in New Zealand as universities of technology will also allow those institutions effect­ ively operating as such to promote themselves accurately in the over­ seas market.

Clause by clause analysis Clause 1 is the Title clause.

Clause 2 is the commencement clause.


The Act comes into force on the day after the date on which it receives the Royal assent.

Clause 3 states that the principal Act being amended is the Education Act 1989.

Clause 4 provides that the purpose of the Act is to establish a new university of technology category of institution and provide for “uni­ versity of technology” to be a protected term.
Clause 5 amends the deﬁnition of “institution” in section 159 of the Education Act, and includes a deﬁnition of a university of technol­ ogy.

It makes a consequential amendment to section 159(3).

Clause 6 sets out the characteristics of a university of technology and makes consequential amendments to section 162 of the Education Act, which deals with the establishment of institutions, to include universities of technology.
Explanatory note Education (Establishment of Universities of Technology) Amendment Bill 3 Clause 7 clariﬁes that the status of a university of technology is a body corporate under section 166 of the Education Act.

Clause 8 amends section 264A of the Education Act to allow regis­ tered establishments to apply to the Minister for consent to use the term “university of technology”.
Clause 9 amends the offence provisions in section 292 of the Edu­ cation Act to provide that it is an offence to use the term “university of technology” unless authorised by the provisions of the Education Act.
Hon Brian Donnelly Education (Establishment of Universities of Technology) Amendment Bill Member’s Bill Contents Title Commencement Principal Act amended Purpose Interpretation Establishment of institutions Incorporation Minister may consent to registered establishments using certain terms in their names Offences Page 1 1 2 2 2 2 3 3 3 The Parliament of New Zealand enacts as follows: 1 2 Title This Act is the Education (Establishment of Universities of Technology) Amendment Act 2006.
Commencement This Act comes into force on the day after the date on which 5 it receives the Royal assent.

97—1 1 Education (Establishment of Universities of Technology) Amendment Bill Principal Act amended This Act amends the Education Act 1989.

Purpose The purpose of this Act is to provide for the establishment of a new category of institution, a university of technology, in 5 accordance with the process in section 162 of the principal Act, and to provide for protection of that term.
Interpretation The deﬁnition of institution in section 159 is amended by in­ serting the following paragraph after paragraph (c): “(ca) a university of technology; or”.

Section 159 is amended by inserting the following deﬁnition after the deﬁnition of University Grants Committee: “university of technology means, subject to subsection (3), a body established as a university of technology under section 15 162(2)”.

Section 159(3) is amended by inserting “, university of tech­ nology” after “university”.
10 Establishment of institutions Section 162(2) is amended by inserting “a university of tech­ 20 nology,” after “university,”.

Section 162(4) is amended by inserting “a university of tech­ nology,” after “In recommending to the Governor­General under subsection (2) of this section that a body should be es­ tablished as a college of education, a polytechnic, a specialist 25 college, a university,”.
Section 162(4)(b) is amended by inserting the following sub­ paragraph after subparagraph (iii): “(iiia) a university of technology offers both university and polytechnic education, with a balanced pro­ 30 ﬁle extending from vocational training to doc­ toral studies, and is characterised by a wide di­ versity of teaching, research, and advanced prac­ tice, much of it at higher levels, that maintains, advances, disseminates, and assists the applica­ 35 cl 3 3 4 5 (1) (2) (3) 6 (1) (2) (3) 2 7 8 9 12 Education (Establishment of Universities of Technology) Amendment Bill cl 9 tion of knowledge and professional expertise, de­ velops intellectual independence, and promotes community learning:”.
Incorporation Section 166 is amended by inserting “university of technol­ 5 ogy,” after “specialist college,”.

Minister may consent to registered establishments using certain terms in their names Section 264A(1) is amended by inserting “or ‘university of technology’,” after “‘university’,”.
10 Offences Section 292(4) is amended by inserting the following para­ graph after paragraph (a): “(ab) use the term ‘university of technology’ to describe an educational establishment or facility unless the educa­ 15 tional establishment or facility— “(i) “(ii) is a university of technology; or is a registered establishment that has the Minis­ ter’s permission under section 264A to use the term; or 20 25 “(iii) was a university of technology but, despite be­ ing incorporated under section 164(4) into an­ other institution, retains the characteristics of a university of technology as set out in section 162(4)(b)(iiia):”.
Published under the authority of the House of Representatives—2006 Wellington, New Zealand: 3