Conditions – 2018

Conditions – 2018

Last updated 30 January 2018
Last updated 30 January 2018

These are the conditions specific to Adult and Community Education (ACE) Search and Rescue (SAR) funding for 2018.

See also the generic conditions that apply to ACE SAR funding, and all other on-Plan funds. 

1. Organisation eligibility

(a) You must continue to be:

(i) a TEI, namely

A. an ITP

B. a wānanga, or

(ii) a PTE.

(b) You must continue to be quality assured by the NZQA.

2. Learner eligibility

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

(i) a domestic student, and

(ii) nominated to undertake SAR training by New Zealand Search and Rescue (NZSAR), or by a SAR organisation approved by NZSAR.

(b) If you have been allocated EFTS for learners who are persons required to be treated as if they are not international students, as set out in the Domestic Students (Tertiary Education) Notice 2016, you must not exceed the number of EFTS approved.

3. Programme eligibility

You must only use SAR (ACE) Fund funding for an eligible learner enrolled in a programme of study or training that is less than 40 credits on the NZQF.

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 who is participating in an eligible SAR programme of study or training for which you receive SAR (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 an 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 SAR (ACE) Fund funding.

8. Repayment of SAR (ACE) Fund funding

If you receive SAR (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 SAR 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 SAR (ACE) Fund funding you received.

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

If we suspend or revoke some or all of your SAR (ACE) Fund funding under section 159YG 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.