The legislation and rules that apply
The Education and Training Act 2020
Under section 524 of the Education and Training Act 2020, schools are required to apply to NZQA for approval for classes, courses or programmes which are intended exclusively or mainly for international students.
The key aspects for section 524 approval are that:
- the school must have adequate staff, equipment and premises and
- the standard of instruction provided must be no lower than the standard that would be expected in any similar class, course or programme for domestic students.
Section 524 of the Education and Training Act 2020 (external link)
The Consent to Assess Against Standards (CAAS) rules and guidelines
Consent to Assess Against Standards on the Directory of Assessment and Skill Standards Rules 2022
These requirements are based on the Guide to Requirements for Consent to Assess for Schools:
Guide to Requirements for Consent to Assess for Schools [PDF, 564 KB]
On this page
Who does this apply to?
This applies to schools who offer a class, course or programme that is aimed at international students. The international students need to be enrolled at the school providing the course.
Courses don't have to be for achieving NCEA, but if standards-based assessment is offered, the school’s assessment rules under their CAAS will apply.
When is approval not required?
Approval is not required for the following situations:
- If the class, course or programme was not established with the intention of being “exclusively or mainly” for international students.
- If a separate but an equivalent class, course or programme covering the same skills and activities is run for domestic students
- For international students who are visiting on Ministry of Education short-term visitor criteria (less than 14 calendar days) and are not charged tuition or education services fees:
International student visitors (external link) - Ministry of Education
Section 524 course approval scenarios
Read the scenarios below to find out if you need approval under section 524 of the Education and Training Act 2020.
Approval for consented schools
These requirements are based on the Guide to Requirements for Consent to Assess for Schools:
Guide to Requirements for Consent to Assess for Schools [PDF, 564 KB]
Consented schools need to complete an annual attestation form for each course established under section 524 of the Education and Training Act 2020 stating that they meet the CAAS Guidelines Part D 2.5 i-v.
Course approval attestation form [DOCX, 70 KB]
Monitoring of consented schools
For consented schools, annual attestation of compliance with section 524 of the Education and Training Act 2020 is monitored as part of the Managing National Assessment review and may be reported on.
Following this review, schools which are non-compliant with section 524 will be looked at in the context of their obligations as signatories to the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021, and their obligations under the Consent to Assess Against Standards on the Directory of Assessment Standards Rules 2022 (or any replacements of that Code or those Rules).
If a significant issue is identified, this could result in statutory or other action.
Approval for non-consented schools
Schools without consent to assess against standards establishing classes, courses or programmes intended exclusively or mainly for international students need to apply for a section 524 approval.
Section 524 approval is not required where the school has not established the class, course or programme, for example, where the school uses an already established course such as the International Baccalaureate or Cambridge International Examinations. Approval is also not required if the class, course or programme has already received a programme approval by NZQA for a qualification on the NZQF, or a micro-credential approval.
To discuss the next steps in applying for section 524 course approval, contact us at CourseApproval@nzqa.govt.nz
The application for approval is evaluated at the non-consented school’s expense.
Monitoring of non-consented schools
Compliance issues will be looked at in the context of the school’s obligations under the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021.
Further information
If you have any questions or require further information, contact your School Relationship Manager or email CourseApproval@nzqa.govt.nz