(a)   You must continue to be:

(i)    a TEI, namely

A.    an ITP

B.    a wānanga, or

(ii)   a PTE that specialises in foundation learning

(iii)   a REAP provider, or

(iv)   a community organisation.

(b)   If you are an ITP, wānanga, PTE or REAP provider, you must continue to be quality assured by NZQA.

(a)   You must ensure that ACE (Communities) Fund funding is only used in respect of a learner enrolled in an ACE programme who is:

(i)    a domestic student, and

(ii)   aged 16 years or over, and

(iii)  not a full-time secondary school student.

(b)  However, you may use ACE (Communities) Fund funding for a learner who does not meet the criteria specified in subparagraph (a) if that learner is:

(i)   under the age of 16 years and he or she participates with adults in family-based provision; or

(ii)  a full-time secondary school student:

A. who is 16 years of age and over, and

B. who receives ACE (Communities) Fund funded provision outside of normal school hours, and

C. who has obtained approval from the relevant school principal, and

D. for whom you have obtained our approval.

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

(i)   target learners whose previous learning was not successful, and

(ii)  raise foundation skills, and

(iii) strengthen social cohesion, enhancing a learner’s ability to participate in society and economic life.

(b)    A programme of study or training does not have to meet all of the above criteria if it is a programme of study or training in ESOL, New Zealand Sign Language, or Te Reo Māori.

(c)   You must not use ACE (Communities) Fund Funding to provide:

(i)      programmes of study or training to a group or class of secondary school students, even if the programme is provided outside school hours; or

(ii)    professional development courses for ACE teachers and tutors.

(a)  If you are an ITP or wānanga, you must prioritise ACE (Communities) Fund funding for provision that primarily focuses on:

(i)    the learning of foundation skills, and

(ii)   the re-engagement of learners whose previous learning was not successful, and

(iii)  ensuring the progression of learners into formal tertiary education.

(b)  If you are a PTE, REAP, or community organisation, you must prioritise ACE (Communities) Fund funding for provision that primarily focuses on:

(i)    literacy, digital literacy, and/or numeracy, or

(ii)   English language, including ESOL, or

(iii)  New Zealand Sign Language, or

(iv) Te Reo Māori.

(a)  You must work with local organisations, peak bodies, groups, and communities, including other TEOs that are involved in ACE provision, to identify and meet community learning needs.

(b)  You must design and provide ACE programmes of study or training that:

(i)    if you are an ITP or wānanga, align with the priorities specified in paragraph 4(a), or

(ii)   if you are a PTE, REAP, or a community organisation, align with the priorities specified in paragraph 4(b).

(c)   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.

(a)  You must:

(i)    ensure that the level of fees you set for ACE programmes of study or training does not prevent individuals from enrolling in those programmes, and

(ii)   charge the same fee to all learners participating in an ACE programme of study or training.

(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.

(c) 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.

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.

If you receive ACE (Communities) 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.

An ITP, wānanga, PTE, REAP, or community organisation will have received funding that was greater than it should have been if it delivered less ACE provision than it was funded for. In that situation, we will recover the difference between the amount of provision delivered and the ACE (Communities) Fund funding provided.

If we suspend, revoke or withdrawl some or all of your ACE (Communities) 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.