The Code Summary

Section 1

What is the Code?

The Code sets out the requirements that providers must meet for the wellbeing and safety of their tertiary and international learners.

Under the Code, your tertiary education provider must help you to be:

• Safe (physically and mentally)
• Respected and accepted for who you are
• Supported in your learning and wellbeing
• Connected with your social and cultural networks and
• Able to have a say in decisions about student services.

Who is the Code for?

The Code covers all learners enrolled at Te Pūkenga, Wānanga, Universities and Private Training Establishments (PTEs) including learners studying online, offshore, and/or in workplace-based settings.

The New Zealand Qualifications Authority (NZQA) is the administrator of the Code on behalf of the New Zealand Government. NZQA monitors and supports providers to meet the Code.

In New Zealand, only education providers who are signatories to the Code can enrol international learners. You can check if an education provider is a signatory on the NZQA website at: https://www.nzqa.govt.nz/providers/index.do.

How do I get a copy of the Code?

The Code is available on the NZQA website. For more information and advice about the Code, contact a member of our team via email at: code.enquiries@nzqa.govt.nz

See the Code for learner wellbeing and safety (PDF, 925KB).

What can you expect of your education provider?

Your education provider must:

• enable you to make informed choices about your education
• support you to prepare and adjust to your studies
• provide a safe, supportive, and accessible environment for study
• ensure you can raise your concerns when you need to
• connect you quickly to appropriate support services
• have plans for helping you in an emergency – whether on campus or your student accommodation.

To find out more, see our website Know the Code – videos » NZQA

Section 2

Student accommodation

The Code also sets out requirements for tertiary education providers to support learners in student accommodation.

What is student accommodation?

Student accommodation is a special category of accommodation in the Residential Tenancies Act 1986 (RTA). This type of accommodation is exempt from the requirements of the RTA. This means that the rules that apply to student accommodation are different to most other rental agreements.

Being student accommodation is an important legal distinction and not all accommodation for students qualifies for this exemption.

What can you expect of your student accommodation provider?

Under the Code, you can expect your student accommodation to:

• provide a safe and inclusive residential community
• have facilities and services that meet your needs
• be secure, clean, dry, warm, comfortable, accessible, and conducive to study
• conduct any building work in a timely manner that does not unduly disturb you
• ensure staff are fit and proper persons and trained and supported to do their jobs
• provide contracts, house rules, and policies that are fair and easy to understand
• have appropriate ratios of live-in accommodation staff
• have systems to regularly check on you in student accommodation
• have plans to support you in a critical incident or emergency
• disclose who owns and operates the student accommodation.

Section 3

International tertiary learners

What can international learners expect?

Under the Code, international tertiary learners are entitled to the same kind of care and support as domestic tertiary learners.

Your education provider must acknowledge and consider that international learners have different support needs. They must seek to identify your needs and respond appropriately.

Your education provider must also ensure that:

• you are safe and well while living and studying in New Zealand
• you have a full and realistic picture of what it will be like to live and study in New Zealand
• you get reliable advice and support from your education agent
• they have good systems and documentation set up to manage your:
  • offer of study
  • enrolment process
  • contract of enrolment
  • your visa and insurance status and records.
• you are clear on your likely educational outcomes, and your rights and responsibilities as an international learner before signing an enrolment contract
• you understand your rights and obligations if you withdraw from study, do not attend, or your education provider cancels a programme or closes for any reason.
• you can participate in an orientation programme and get ongoing information and support to help you settle into life and study in New Zealand.

Section 4

What if something goes wrong?

If you have concerns about your education provider, your agent, or your student accommodation, contact your provider in the first instance and follow their complaints procedure.

Under the Code, education providers must have a clear and fair internal procedure for listening and responding to complaints.

Your provider will have a designated person you can talk to about your complaint. This may be the Head of School, International Director, Student Advocate or other specialist staff member.

If you are unhappy with your provider’s complaints process or the outcome of your complaint, you can contact:

• NZQA (for complaints about a provider not following the Code)
• Study Complaints (for complaints about financial or contractual issues).

Do you have a complaint about a provider not following the Code?

As the Code Administrator, NZQA has the legal authority to investigate potential breaches of the Code. It has a process for finding out if a complaint is valid and if a provider has not followed the Code. This includes getting information from both the student who has raised the complaint and the education provider.

To find out how to make a complaint, see the NZQA website www.nzqa.govt.nz/about-us/make-a-complaint/make-a-complaint-about-a-provider/

Do you have a complaint about a financial or contractual issue?

Study Complaints is an independent services provided by the New Zealand Government that can help you resolve disputes about financial or contractual issue with an education provider. The service is free.