Smith Nick: Questions for Oral Answer — Questions to Ministers 
Smith Nick: Questions for Oral Answer — Questions to Ministers 
[Volume:608;Page:5555] 
7.  
Hon Dr NICK SMITH (NZ National—Nelson) 
 to the  
Minister of Education 
: Who was responsible for the breach of section 4.2 of the Assessment and Certification Rules and Procedures for Secondary Schools 2002 pursuant to Part XX of the Education Act 1989 which states: “The Chief Executive’s Nominee will advise schools of the following year’s schedule of fees for each of the Qualifications no later than 1 December in the year preceding the assessment.”? 
Hon TREVOR MALLARD (Minister of Education) 
: 
 I am advised that there is no legal requirement to advise of examination fees by a certain date. Clearly the New Zealand Qualifications Authority did not meet the deadline that is set down in its own rules and procedures that it has made. While this is regrettable I hardly think it is the hanging offence that the member tried to make it yesterday. 
Hon Dr Nick Smith 
: Noting that the chief executive of the New Zealand Qualifications Authority told the Education and Science Committee in response to questions on the increase in the fees: “It is a decision made by the Minister in conjunction with the Ministry of Education” “There were just a series of options” and “There were no recommendations” when all these statements are contradicted by the official documents in her own name; and how can we continue to have confidence in the chief executive of this most important authority when it so grossly misleads a parliamentary select committee? 
Hon TREVOR MALLARD 
: I understand that the acting chief executive has accepted that she made an error. I understand that she was on leave on 6 January the day the important paper that was signed up in her name but which she did not see because she was on leave—[ 
Interruption 
] I was working and some of her staff were working. We dealt with it during the holidays. She made an error at the select committee and she has apologised. 
Hon Brian Donnelly 
: How long has the role of chief executive of the New Zealand Qualifications Authority been carried out by a person in an acting capacity and is it in the best interests of the long-term strategic development of this beleaguered entity to have allowed such temporary leadership for such a prolonged period? 
Hon TREVOR MALLARD 
: Too long and no. 
Hon Dr Nick Smith 
: Why did the Minister consent to a $16 million increase in student examination fees from $83 to $150 per student when he had been advised officially by the authority that this breached its own rules or to specifically quote the document “This decision must be made by 1 December”; and will he now defer that huge increase given that the authority broke its own rules? 
Hon TREVOR MALLARD 
: As the member is aware following that advice I sought advice as to the basis of the legal advice and found that it was incorrect. 
Hon Dr Nick Smith 
: Can the Minister share with the House the specific advice he obtained at the time—advice that was not disclosed in the papers to the select committee; but it was promised we had all the papers—that suggests there was anything other than a breach of its rules? 
Hon TREVOR MALLARD 
: My understanding is that that paper was a December paper supplied to the committee. 
Hon Dr Nick Smith 
: I seek leave of the House to table the official advice given to the Minister on 13 November 2002 and also the further paper that was provided to the Minister on 6 January 2003 both of which state it was a breach of the authority’s rules under the Education Act. 
Mr SPEAKER 
: Leave is sought to table those two documents. Is there any objection? There is.