Conditions – 2017

Conditions – 2017

Last updated 28 March 2017
Last updated 03/28/2017

These are conditions specific to the Emergency Management (EM) Adult and Community Education (ACE) Fund for 2017.

See also the generic conditions that apply to the Emergency Management (ACE) Fund, and all other off-Plan funds.


1.  Organisation eligibility

(a)  You must continue to be:

(i)    a TEI, namely

A.    a university

B.    an ITP

C.    a wānanga, or

(ii)   a PTE

(iii)  a community organisation, or

(iv) an employer that:

A.    is an organisation as defined in section 159B of the Education Act (and for the purposes of EM (ACE) Fund Funding, the term “TEO” also applies to employers, unless specified), and

B.    is recommended to receive funding by the emergency management co-ordination body.

(b)  If you are a TEI, PTE or ITO, you must continue to be quality assured by:

(i)    NZQA, if you are an ITP, a wānanga, a PTE or an ITO, or

(ii)   the NZVCC, if you are a University.

2.  Learner eligibility

You must ensure that EM (ACE) Fund funding is only in respect of a learner enrolled in an EM programme of study or training who is:

(a)  a Domestic Student, and

(b)  nominated to undertake emergency management training by the emergency management co-ordination body. 

3.  Programmes eligibility

You must only use EM (ACE) Fund funding for an eligible learner enrolled in a programme of study or training that:

(a)  is one of the following:

(i)    a programme made up of unit standards and credits, which may lead to the award of a qualification on the NZQF, or

(ii)   a training scheme, or

(iii)  a short award, and

(b)  has been recommended by the emergency management co-ordination body, and

(c)   is appropriate for volunteers.

4.  Your responsibilities

(a)  You must work with local organisations, peak bodies, groups, and communities, including other TEOs involved in Adult and Community Education, Search and Rescue (ACE) and Emergency Management (ACE) provision, to identify and meet community learning needs.

(b)  You must provide us with access to your premises, employees and information for the purposes of:

(i)    inspecting the records that you keep, or

(ii)   auditing your compliance with Conditions and requirements in the Education Act.

5.  Fees

(a)  You must not charge a fee to a learner in 2017 who is participating in an eligible EM (ACE) programme of study or training for which you receive EM (ACE) Fund funding.

For the purposes of this Condition, the term “fee” includes the following items: tuition fees, compulsory course costs, examination fees, costs of materials, costs of field trips, costs associated with the compulsory purchase of equipment or books through a TEO, and other charges associated with a course.  The term “fee” does not include compulsory student services fees or fees for student identification cards.

(b)  In relation to equipment, infrastructure, and hardware:

(i)    you must pay for the necessary equipment, infrastructure, and hardware required to deliver a particular programme, and

(ii)   when providing essential equipment (including computers, diving hardware, and chainsaws), you must not require a student to meet the costs through the "course-related costs" component of the Student Loan Scheme as a condition of the student's enrolment.

For the purposes of this Condition, "equipment, infrastructure, and hardware":

(i)    means items that can be used by successive intakes of students, and

(ii)   does not include personal items that are provided for individual students' use and that you do not retain for the next intake of students.

 6.  Enrolment records

If you are a University, ITP or wānanga, you must keep accurate and up-to-date records of enrolments in accordance with our requirements.

If you are a PTE, you must comply with the statutory requirements relating to enrolment records as set out in the Education Act.

7.  Subcontracting

You must:

(a)  not subcontract any of the funded activities without our prior written consent, and

(b)  comply with any conditions imposed by us on a consent to subcontract, and

(c)   ensure that the subcontracted party does not further subcontract any functions, and

(d)  remain accountable to us for the use of the EM (ACE) Fund funding.

8.  Repayment of EM (ACE) Fund funding

If you receive EM (ACE) Fund funding that is greater than it should have been, or that you were not entitled to receive, you must treat the amount of the over-funding as a debt due to the Crown that:

(a)  is repayable on demand, and

(b)  may be set-off against all or any funding, or any sum of money payable by us to you.

For the purposes of this Condition, we will consider that you have received funding that was greater than it should have been if you delivered less EM provision (at a course level) than you received funding for. In that situation, we will recover the difference between your actual delivery and 100% of the EM (ACE) Fund funding you receive.

9.  Suspension or revocation of EM (ACE) Fund funding

If we suspend or revoke some or all of your EM (ACE) Fund funding under section 159ZF of the Education Act before some or all of that funding has been used or contractually committed towards the purposes for which the funding was provided, you must treat the unexpended or uncommitted portion of the funding as debt due to the Crown that is:

(a)  repayable on demand by us, and

(b)  may be set-off against all or any funding, or any sum payable by us to you.