The Education Pastoral Care of Tertiary and International Learners Code of Practice 2021 – short: Code of Practice or the Code – is a legal document that defines what education providers, that is, schools and tertiary institutions, in New Zealand must do to support the safety and wellbeing of all international learners and domestic tertiary learners. The Code requires education providers to assist students from different backgrounds with their diverse needs. 

Institutions should help tertiary and international students be:

• Physically and mentally safe
• Respected for who they are
• Supported in their learning and wellbeing
• Connected with their social and cultural networks, and
• Able to have their say in decisions about student services.

(adapted from: NZQA – Know the Code)

The Code addresses such topics as accurate marketing and pre-enrolment information, enrolment, accommodation, learning, health, safety, students’ cultural and social connections. 

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The New Zealand tertiary sector covers private training establishments (PTEs), institutes of technology and polytechnics (ITPs), wānanga, universities, and workplace training. (INZ)

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Not just a friendly suggestion

The Code is a legislative instrument administered by the Ministry of Education (MoE) under the Education and Training Act 2020. That means, it is not just a list of helpful tips; it is the law and must be followed by all institutions that have signed the Code (signatories). All tertiary institutions and all education providers that want to enrol international students must be signatories to this Code. The Code makes education providers more clearly accountable to learners, their families, and other stakeholders. If signatories do not offer good support for students in the areas described in the Code, learners and their families and communities can point to the Code and, if they are not heard, make an official complaint.

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The Code and your portfolio

The Code is divided into eight parts. Not all parts are relevant for all students. For example, Part 7 only applies to international students enrolled in schools – primary, intermediate, or secondary schools. Please click on the table title below to see all parts and to whom they apply.

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 The Code’s eight parts

As you can see in the table above, the Code provides similar but still distinct requirements for tertiary education providers and for Code signatory schools. These requirements are described in 22 outcomes, that is, goals that education providers should plan to meet. Outcomes 1 to 12 are relevant to international students in tertiary education. Of these, outcomes 8 to 12 talk specifically about international students and their particular needs. Outcomes 13 to 22 apply to international students enrolled in schools. This means that, depending on your portfolio, you may be required to know all or only parts of the Code.  

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Resources about the Code

For an overview of the outcomes, you can read this brief outline of the Code. All agents should have a copy of the full Code of Practice: NZQA – How do I get a copy of the Code? 

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Why should you read and know the Code? We will explain below.

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You, the agents, are recognised as playing a central part in giving international students a positive experience before and during their studies in New Zealand. As the New Zealand Qualifications Authority (NZQA) points out, you are often the first point of contact for students and their families, and you have great influence on their decision making. The Education Code of Practice recognises your role as well: it mentions agents in various places and in particular by way of giving instructions to education providers on the management and monitoring of agent activity. 

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The Code establishes that education providers are responsible for the agents they have contracted. Agents are, therefore, not themselves signatories of the Code; that is, they do not have to apply for approval and do not sign the Code themselves. 

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However, while agents are not themselves signatories of the Code, they are still held accountable to the Code by the education providers they work with. How? Have a look at the agent contract or agreement you signed: all education providers include a statement about the agent’s obligation to uphold the Code of Practice in their contracts. The reason is: if agents engage in misconduct (illegal or inappropriate behaviour), it is the education provider who will be held responsible and their own Code compliance will be affected. 

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So, as an agent you will have signed a contract or agreement with your partner institution(s) that includes clauses identical to or resembling the examples below. 

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Clauses in your contract (the wording is just an example):

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In short: by signing an agent contract or agreement with a New Zealand education provider, agents agree that they have read, that they know, and that they can be held accountable to the Code of Practice, and that their breaching of the Code can result in the termination of the contract.

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The Code has quite a bit to say about agents. For example, the Code requires education providers to make sure that agents behave in a professional and law-abiding manner. Providers must also ensure that agents provide correct and up-to-date information to prospective and current students. Agents must comply with the Code and any other obligations agreed upon by them and their partnering institution. Education providers must respond to agents’ misconduct and must, if necessary, terminate the offending agent’s contract. 

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Depending on which activities you are involved in, a smaller or greater number of  sections of the Code are relevant for you. For example, agents involved in arranging and/or providing accommodation for students must also be familiar with all the clauses regulating accommodation.

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In this project, we cannot address every aspect of the Code applying to agents in some form. That would be too much. We will focus instead on three clauses that describe how and in what areas education providers must manage and monitor their contracted agents. These three clauses can be found in Outcome 9 – Prospective international tertiary learners are well informed, and Outcome 14 – Managing and monitoring education agents. They inform the statements in your agent contract regarding your obligation to comply with the Code. The three clauses are 38, 58, and 59. Please click on their names below to read their complete text as it can be found in the Code:

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• Outcome 14 – Prospective international tertiary learners are well informed: Clauses 58 and 59 
• Outcome 9 – Managing and monitoring education agents: Clause 38 

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Find the formatted clauses here

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Which aspects of these clauses should agents be particularly aware of? Well, all, of course. But let’s look at some highlights below.

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The three clauses 38, 58, and 59 under Outcome 9 and Outcome 14 explain how agents must conduct their business and how education providers must manage and monitor agents to ensure that they behave in a professional and ethical manner towards the students. Below is a list of important points made in these three clauses. Please click on each point to get more information and to see the exact text in the Code. 

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You might have noticed that we haven’t talked about immigration advice so far. The reason for this is that immigration advice is not regulated by the Code of Practice, as you will see in the next section

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Students and their families may have questions about immigration and visa processes. While immigration advice falls outside of the Code, you should be aware of the rules around providing immigration advice:

Only people who are licensed can provide advice on immigration matters, unless they are exempt under the Immigration Advisers Licensing Act 2007. 

Immigration New Zealand

You must be licensed or exempt to give immigration advice. Giving immigration advice if you are not licensed or exempt can result in a penalty of up to NZ$100,000 or up to seven years in prison (Immigration New Zealand). However, you may do the following – according to INZ: “You can guide candidates to publicly available information, like that on the Immigration New Zealand website or on a visa form. This is not classified as immigration advice.” 

For further information on immigration advice, licensing, and exemptions, please go to the Immigration Advisers Authority (IAA)’s Information for education agents.

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You should be familiar with the full Code of Practice because it explains obligations towards students for a wide range of topics that are relevant for agents. These topics include (but are not limited to):

• Ensuring that students meet the requirements to study in New Zealand and to enrol in their particular programme
• Ensuring that students have adequate insurance, the correct visa, and proper documentation
• Providing students (and their guardians) with accurate information at all stages from pre-enrolment to enrolment and study – but also withdrawal
• Addressing the needs of students under 18 and students 18 years and over and following age-appropriate procedures
• Ensuring that the provided accommodation promotes the student-residents’ safety and wellbeing.

Additional resources can help you understand Code requirements. To get a good first overview, you can take a look at online materials for students that we will mention in the next section below. You can also explore the NZQA website, including the following: 

• NZQA – Code resources for tertiary providers
• NZQA – Code resources for school signatories.

The independent complaint service iStudent Complaint offers a range of case studies around disputes between international students and their New Zealand education providers: iStudent Complaint - Case Studies. Some of these involve agents, for example: iStudent Complaint – Why are you paying the Agent part of my fees?

We should also discuss what students should know about the Code of Practice and why. This will help you to  inform your international students well and help them have an optimal study experience in New Zealand.

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International students and their families benefit from being familiar with the main points of the Code of Practice. Knowing the Code means they know what they can expect from their New Zealand education provider, and they also understand when the required standard of care is not met. If you want to inform your students (and their guardians) about the Code, you can point them to the following resources:

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• A video series provided by the New Zealand Qualifications Authority (NZQA), introducing all tertiary and international learners to different aspects of the Code: NZQA – Know the Code: Videos
• An introduction to the Code for all international learners provided by NZQA: NZQA – Code of Pastoral Care for international students
• An introduction for all tertiary learners (including international learners): NZQA – Know the Code: Tertiary Learners
• An introduction for international school learners:  NZQA: Know the Code – International school learners.

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What can students do if they want to complain?

What can students and their families do if they feel that their education provider does not adequately provide for the students’ safety and wellbeing – as detailed in the Code? Here are the steps students should take (please click on each step for further information and important links and contact details):

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If you, the agent, have further questions about the Pastoral Care Code of Practice and how it applies to you, you should speak to the education provider(s) you are working with. You can also contact the New Zealand Qualifications Authority via email: enquiries@nzqa.govt.nz. 

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In this project, we have discussed what the Education Pastoral Care of Tertiary and International Learners Code of Practice 2021 is and why and how it is relevant to agents and subcontracted agents and accommodation providers. We have highlighted that agents do not sign the Code themselves. However, the education providers they work with always include it in their agent contracts and will, thus, require agents to know and comply with the Code. 

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This project has discussed several clauses of the Code that are particularly relevant to agents. For example, the Code stresses that education providers should support agents by providing access to up-to-date information necessary for recruiting and advising prospective and current students. Further, it explains how agents must behave. Agents must act with integrity and professionalism. They must not breach the law, including the Code of Practice itself. They must not deceive education providers and students (and their guardians). A consequence of serious agent misconduct can be the termination of the contract with one or more education providers. 

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The project has provided resources on how to learn more about other aspects of the Code, including: accommodation; working with students under 18 and 18 years or older; required paperwork and documentation; and the provision of information to students and their guardians at all stages of recruitment, enrollment, study, and withdrawal. 

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We have suggested making students aware of the Code, and we have shown appropriate procedures for laying a complaint if students feel that their education provider is not meeting the standard of care under the Code of Practice. Finally, we have provided resources and materials for further information – both for agents and for international students.

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 Heoi anō tāku mō nāianei - that’s all for now!

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All references included as hyperlinks in the text.

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