Modern Apprenticeship Training Act 2000

1: Title
This Act is the Modern Apprenticeship Training Act 2000.
1: Preliminary provisions
2: Commencement
This Act comes into force on 1 January 2001.
3: Purpose of this Act
The purpose of this Act is to encourage and help people (especially those aged 16 years or older, but younger than 22 years) to take up and complete apprenticeship training.
4: Interpretation
In this Act, unless the context otherwise requires,— apprentice apprenticeship co-ordinator
a: means a body corporate, person, or body of persons, with whom the Commission
b: in relation to a funding agreement, means the apprenticeship co-ordinator or co-ordinators concerned apprenticeship training section 5 apprenticeship training agreement
a: between an employee and his or her employer that relates to the employee's receiving, or provides for the employee to receive, apprenticeship training; or
b: between an apprenticeship co-ordinator and a person employed by the co-ordinator that relates to the person's receiving, or provides for the person to receive, apprenticeship training approved code of practice
a: approved by the Minister under section 20(1)(a)
b: issued by the Minister under section 20(1)(b) Commission section 159C employed employment agreement section 5 funding agreement
a: means a written agreement between the Commission
i: to perform, in respect of an industry or industries described in the agreement, the functions and duties stated in sections 15 to 17
ii: to receive money from the Commission
b: in relation to an apprenticeship co-ordinator, means the funding agreement the apprenticeship co-ordinator has entered into industry
a: similar inputs and methods of production to produce similar products; or
b: similar methods to provide similar services ITO section 2 Minister national qualification National Qualifications Framework section 253(1)(c) Qualifications Authority Part 20 similar skills Section 4 Agency repealed 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 apprenticeship co-ordinator amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 Commission inserted 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 funding agreement amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 4 funding agreement amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
5: Apprenticeship training defined
For the purposes of this Act, apprenticeship training
a: provided for a person who is working in the industry while undertaking the training; and
b: provided partly or wholly where the person works, and—
i: if the person is not employed by an apprenticeship co-ordinator, mainly by or on behalf of the person's employer; but
ii: if the person is employed by an apprenticeship co-ordinator, mainly by or on behalf of persons with whom the co-ordinator has arranged the training; and
c: provided under an agreement between the person and his or her employer; and
d: intended to lead to the person's completing, or becoming competent to complete, a national qualification in the skills of the industry.
6: Apprenticeship training agreements to have effect as employment agreements
An apprenticeship training agreement must be treated for all purposes as part of the employment agreement between the employee and employer concerned. 1992 No 55 s 3
7: Approved code of practice to be taken into account by mediation personnel, Employment Relations Authority, and Employment Court
In exercising or performing, in relation to a matter concerning an apprentice, any power or function under the Employment Relations Act 2000
a: every person providing mediation services under that Act:
b: the Employment Relations Authority:
c: the Employment Court.
8: Crown bound
This Act binds the Crown.
2: Apprenticeship training
Commission's Heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
9: Commission's The Commission's Section 9 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 9 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
10: Requirements relating to funding agreements
1: In determining whether to enter into a funding agreement, the Commission
a: have regard to the desirability of avoiding unnecessary duplication of effort (in light of the existence of other funding arrangements
b: consult the Qualifications Authority.
2: A funding agreement must—
a: specify agreed levels of performance for the apprenticeship co-ordinator or co-ordinators (or prospective apprenticeship co-ordinator or co-ordinators) concerned; and
b: provide for the variation, suspension, and termination, of funding or of the funding agreement or of both, if the specified levels of performance are not achieved. Section 10(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 10(1)(a) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
11: ITOs may be apprenticeship co-ordinators
1: Nothing in this Act prevents an ITO from entering into a funding agreement with the Commission
2: An ITO may agree with the Commission sections 15 to 17 Industry Training Act 1992 Section 11(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 11(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
12: Additional functions of
Commission The Commission
a: to develop and recommend to the Minister a code of practice, in accordance with section 23
b: to make the approved code of practice available, in accordance with section 27
c: to monitor apprenticeship co-ordinators' performance to ensure they comply with—
i: the funding agreement; and
ii: the approved code of practice:
d: to try to find a new employer with whom an apprentice can complete his or her apprenticeship training, if it becomes aware that—
i: it is impracticable for the apprentice to complete his or her apprenticeship training with an employer; and
ii: the apprenticeship co-ordinator who arranged the apprentice's apprenticeship training cannot, for any reason, find a new employer for the apprentice to complete his or her apprenticeship training with:
e: to administer and disburse public money appropriated by Parliament for the purpose of apprenticeship training. Section 12 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 12 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
13: Commission
1: To determine the extent to which the agreed levels of performance specified in a funding agreement are being or have been met, the Commission Commission
2: The apprenticeship co-ordinator must take all reasonable steps to comply with the notice.
3: This section does not affect any power the Commission Commission 1992 No 55 s 12 Section 13 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 13(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 13(3) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
14: Commission's Sections 9 to 13 Commission Section 14 heading amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 14 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Apprenticeship co-ordinators' functions, duties, and liabilities
15: Co-ordinators' functions
1: An apprenticeship co-ordinator has the following functions:
a: to promote apprenticeship training generally:
b: to identify potential apprentices, and persons who could offer apprenticeship training to current employees, new employees, or apprentices employed by the co-ordinator:
c: to arrange for potential apprentices training or employment intended to lead to apprenticeship training for them:
d: to help people enter into apprenticeship training agreements:
e: if the co-ordinator employs or is to employ apprentices, to arrange with persons for apprenticeship training to be provided to the apprentices by or on behalf of those persons, on terms and conditions mutually acceptable to the co-ordinator and those persons.
2: A co-ordinator helping a person ( A
a: advise A that, if A is unsure about the effect or implications of the agreement, he or she should not enter into it without first seeking advice about doing so from an independent person (for example, a parent, guardian, caregiver, or lawyer); and
b: give A a reasonable opportunity to seek that advice.
16: Additional functions of co-ordinators
1: An apprenticeship co-ordinator also has the following functions:
a: to produce and facilitate the implementation of individual training plans under and consistent with an apprentice's apprenticeship training agreement:
b: to take all reasonably practicable steps to ensure that there are in place, and operate effectively, systems to monitor apprenticeship training so as to ensure that it leads to apprentices' attaining within a time that is reasonable in all the circumstances the levels of skills necessary to have completed or become competent to complete a national qualification in the skills of the industry or industries concerned:
c: to ensure, so far as is reasonably practicable, that apprenticeship training, and every apprenticeship training agreement, is consistent with the approved code of practice:
d: to support apprentices not employed by the co-ordinator—
i: by giving them advice; and
ii: by helping them to resolve problems in their apprenticeship training as those problems arise (including, if necessary, trying to arrange for an apprentice to complete his or her apprenticeship training with some other employer).
2: In performing functions under subsection (1)(a), the co-ordinator must consult the apprentice and,—
a: if the co-ordinator does not employ the apprentice, the apprentice's employer; or
b: if the co-ordinator does employ the apprentice, any persons with whom the co-ordinator has arranged or may arrange apprenticeship training for the apprentice.
17: Matters co-ordinators to have regard to
In performing any of their functions or duties under this Act, apprenticeship co-ordinators must—
a: have regard to every part of the approved code of practice that affects the nature or performance of that function or duty:
b: have regard to current training and education activities in the industry or industries in which they are performing those functions or duties:
c: have particular regard to the needs of Maori, the Pacific Islands peoples of New Zealand, people with disabilities, and women.
18: Co-ordinators' liabilities
1: Apprenticeship co-ordinators have no civil liability for any act or thing they do or omit to do, in good faith, in performing or purporting to perform any of their functions or duties under this Act.
2: Subsection (1) does not prevent the Commission
3: Subsection (1) does not affect any liability of a co-ordinator that arises by virtue of the fact that the co-ordinator is or has been an employer of an apprentice. Section 18(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Application of Health and Safety in Employment Act 1992
19: Application of Health and Safety in Employment Act 1992
1: This section applies to an apprentice receiving apprenticeship training from some other person under an arrangement between the apprentice's employer and the other person.
2: The Health and Safety in Employment Act 1992
3: Subsection (2) does not affect the application of the Health and Safety in Employment Act 1992
3: Code of practice
Approval of code of practice
20: Minister may approve code
1: The Minister may, by notice in the Gazette
a: approve a code of practice recommended by the Commission section 23
b: in the circumstances stated in section 25 Commission
2: Before approving a code of practice under subsection (1)(b), the Minister may consult any people or organisations that the Minister thinks appropriate.
3: The notice may, instead of setting out the code of practice being approved or issued,—
a: give enough information to identify it; and
b: state when it comes into force and where copies of it may be obtained. Section 20(1)(a) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 20(1)(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
21: Purpose of code
The purpose of a code of practice is to offer guidance, consistent with this Act, about the responsibilities relating to apprenticeship training of apprenticeship co-ordinators, employers, and apprentices.
22: Content of code
1: A code of practice may include material relating to—
a: identifying potential apprentices, and persons who could offer apprenticeship training to current employees, new employees, or apprentices employed by an apprenticeship co-ordinator:
b: apprenticeship co-ordinators' duties, or minimum standards of conduct apprenticeship co-ordinators must observe, in relation to apprenticeship training:
c: duties, or minimum standards of conduct, relating to apprenticeship training that, for any reason, employers or apprentices should or should not agree to perform or observe:
d: arrangements for apprenticeship training that apprenticeship co-ordinators, employers, or apprentices should for any reason prefer or avoid:
e: practices in apprenticeship training that apprenticeship co-ordinators, employers, or apprentices should for any reason prefer or avoid:
f: the independent mediation of disputes relating to apprenticeship training arising between apprenticeship co-ordinators and employers, or apprenticeship co-ordinators and apprentices not employed by those co-ordinators.
2: A code of practice may include different provisions in respect of, or provisions that apply to 1 only of,—
a: apprenticeship training where the apprentice is not employed by an apprenticeship co-ordinator:
b: apprenticeship training where the apprentice is employed by an apprenticeship co-ordinator.
3: Subsections (1) and (2) do not limit section 21
23: Development and recommendation of code
1: The Commission
a: as requested by the Minister; and
b: within any time (including any extension of time) specified by the Minister.
2: In developing the code, the Commission
a: may consult any people and organisations it considers appropriate; and
b: must consult any people and organisations the Minister directs. Section 23(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 23(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
24: Minister may decline to approve code recommended
The Minister may, instead of approving a code of practice recommended by the Commission
a: decline to approve the code; or
b: decline to approve the code, but refer it back to the Commission Section 24 amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 24(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
25: Minister may issue other code
The Minister may issue a code of practice under section 20(1)(b)
a: the Commission section 23(1)(b)
b: the Minister declines to approve a code of practice recommended by the Commission Section 25(a) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 25(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Provisions relating to approved code of practice
26: When approved code comes into force
The approved code of practice comes into force—
a: on the 28th day after the date on which it is issued or approved in the Gazette
b: on any later date specified in it.
27: Availability of approved code
1: The Commission Commission
2: The Commission
a: giving a person a copy of the approved code of practice; or
b: allowing a person to use the Commission's
3: Subsection (2)(b) does not require the Commission Commission's Section 27(1) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 27(2) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 27(2)(b) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 27(3) amended 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002
28: Proof of approved code
1: A code of practice that appears to have been approved or issued under section 20(1)
2: Subsection (1) does not limit any method of proof of the approved code of practice.
29: Application of Legislation Act 2012 to approved code
The approved code of practice is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 section 41 Section 29 replaced 5 August 2013 section 77(3) Legislation Act 2012
30: Amendment, revocation, and replacement of approved code
The approved code of practice may be amended, or revoked, or revoked and replaced, in the same manner as it was approved or issued, and sections 20 to 29