U3.35 Definition of 'domestic student' (24/04/2006)

For the purposes of student policy a ‘domestic student’ means a ‘domestic student’ as defined in Section 2 of the Education Act 1989. The Ministry of Education holds a complete list of who is considered to be a domestic student for the purpose of fee payment and enrolment.

U3.35.1 Primary and secondary schooling domestic students

The following people are considered to be domestic students for the purpose of attending primary and secondary schools:

1. New Zealand citizens, including students from Tokelau, the Cook Islands and Niue.
2. New Zealand residents.
3. People who are exempt from the requirement to hold a permit by virtue of section 11(1) paragraphs (a) (b) and (f) of the Immigration Act 1987. These are:
   1. people who are entitled to diplomatic or consular immunity (see U8.10); and
   2. members of a visiting force or its civilian component and their dependants (see U8.15); and
   3. members of, or people associated with, a scientific programme or expedition under the Antarctic Act 1960.
4. Australian citizens.

U3.35.5 Primary and secondary schooling foreign student exemptions

The following people are required by the Minister of Education, by notice in the New Zealand Gazette, to be entitled to enrol at a State school and be exempt from paying foreign student fees:

1. Students who are in New Zealand to study under an exchange programme approved by the New Zealand Government.
2. Dependent children of any person who is in New Zealand to study under an exchange programme approved by the New Zealand Government.
3. Dependent children of any person who is the holder of a valid work permit (see U8.20).
4. Dependent children of any person who is the holder of a Commonwealth Scholarship.
5. Students who have, or dependent children of any person who has, made a claim to be recognised as a refugee in accordance with Part 6A of the Immigration Act 1987.
6. Dependent children of a foreign student enrolled in any Doctor of Philosophy (PhD) programme in a New Zealand university.
7. Dependent children of any person who, during the current calendar year, last ceased to be exempt from the requirement to hold a permit under the diplomatic or consular immunity provision of section 11(1)(a) of the Immigration Act 1987.
8. Students who have entered New Zealand for the purposes of adoption and:
   • whose adoption application before the New Zealand Family Court (where the Final Order will entitle that student to education as a domestic student) is supported by the Department of Child, Youth and Family Services and who has a letter from the Department of Child, Youth and Family Services confirming this support; or
   • who are the subject of an Interim Order of Adoption granted by the New Zealand Family Court under section 5 of the Adoption Act 1955 (where the Final Order will entitle that student to education as a domestic student).

U3.35.10 Tertiary sector domestic students

The following people are considered to be domestic students for the purpose of attending an educational institution in the tertiary sector (see U5.20):

1. New Zealand citizens, including students from Tokelau, the Cook Islands and Niue.
2. New Zealand residents.
3. People who are exempt from the requirement to hold a permit by virtue of section 11(1) paragraphs (a) (b) and (f) of the Immigration Act 1987. These are:
   1. people who are entitled to diplomatic or consular immunity (see U8.10); and
   2. members of a visiting force or its civilian component and their dependants (see U8.15); and
   3. members of, or people associated with, a scientific programme or expedition under the Antarctic Act 1960.
4. Australian citizens.

U3.35.15 Tertiary sector foreign student exemptions

The following people are required by the Minister of Education, by notice in the New Zealand Gazette, to be treated as if they are not foreign students:

1. Students enrolled for the first time in any Doctor of Philosophy (PhD) programme, after 19 April 2005, in any New Zealand university.
2. Students who are in New Zealand to study under an exchange programme approved by the New Zealand Government.

U3.35.20 French and German postgraduate students

French and German postgraduate students are exempt from paying foreign student fees but must pay the appropriate New Zealand student fees.

Effective 24/04/2006