🏢 Student Allowance Appeal Authority
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Array ( [entityType] => ITEM [entity] => Array ( [contextId] => aims [description] => Array ( [0] => The Student Allowance Appeal Authority heard appeals from students about decision made in relation to their student allowances. ) [id] => AFMC [idSort] => AFMC [name] => Student Allowance Appeal Authority [custom] => Array ( [custom1] =>The establishment date of the Student Allowance Appeal Authority is based on the commencement date of section 5 of the Education Amendment Act 1979, 14 December 1979, which amended the Education Act 1964 to create the Tertiary Assistance Grants Appeal Authority. The Authority was continued as the Student Allowance Appeal Authority in accordance with section 304(7) of the Education Act 1989 (as amended by section 48 of the Education Amendment Act 1990), which stated "the authority is the body formerly known as the Tertiary Assistance Grants Appeal Authority".
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2004 (SR 2004/299) [7] => Tribunals Powers and Procedures Legislation Act 2018 [8] => Student Allowances Amendment Regulations 1999 (SR 1999/59) [9] => Student Allowances Amendment Regulations (No.3) 2006 (SR 2006/356) [10] => Fees and Travelling Allowances Act 1951 [11] => Student Allowances Amendment Regulations 1997 (SR 1997/34) [12] => Student Allowances Regulations 1991, Amendment No.1 (SR 1992/336) [13] => Tertiary Assistance Grants Regulations 1982, Amendment No.7 (SR 1987/397) [14] => Student Allowances Amendment Regulations (No.2) 2008 (SR 2008/282) [15] => Student Allowances Amendment Regulations 2004 (SR 2004/51) [16] => Tertiary Assistance Grants Regulations 1982, Amendment No.3 (SR 1986/6) [17] => Tertiary Assistance Grants Regulations 1982, Amendment No.6 (SR 1987/26) [18] => Student Allowances Amendment Regulations (No.2) 2018 (LI 2018/178) [19] => Student Allowances Amendment Regulations 2016 (LI 2016/48) [20] => Student Allowances Amendment Regulations 2010 (SR 2010/29) [21] => Student Allowances Amendment Regulations 2018 (LI 2018/24) [22] => Student Allowances (Increase for 2018) Amendment Regulations 2017 (LI 2017/294) [23] => Student Allowances Regulations 1991, Amendment No.3 (SR 1996/379) [24] => Tertiary Assistance (Transitional Grants) Regulations 1988 (SR 1988/136) [25] => Student Allowances Amendment Regulations (No.2) 2014 (LI 2014/117) [26] => Student Allowances Amendment Regulations 2006 (SR 2006/49) [27] => Tertiary Assistance Grants Regulations 1980, Amendment No.3 (SR 1981/374) [28] => Student Allowances Amendment Regulations (No.4) 2006 (SR 2006/379) [29] => Tertiary Assistance Grants Regulations 1980 (SR 1980/18) [30] => Student Allowances Amendment Regulations 2001 (SR 2001/25) [31] => Student Allowances Regulations 1991, Amendment No.2 (SR 1995/309) [32] => Student Allowances Amendment Regulations 2019 (LI 2019/30) [33] => Student Allowances (Budget 2017—Accommodation Benefit) Amendment Regulations 2017 (LI 2017/134) [34] => Tertiary Assistance Grants Regulations 1982, Amendment No.2 (SR 1985/8) [35] => Tertiary Assistance Grants Regulations 1980, Amendment No.2 (SR 1981/91) [36] => Student Allowances Amendment Regulations 2000 (SR 2000/42) [37] => Student Allowances Amendment Regulations (No.2) 2003 (SR 2003/251) [38] => Student Allowances Amendment Regulations (No.2) 2007 (SR 2007/253) [39] => Student Allowances Amendment Regulations 2007 (SR 2007/57 [40] => Student Allowances Amendment Regulations 2011 (SR 2011/18) [41] => Student Allowances Amendment Regulations (No.2) 2005 (SR 2005/62) [42] => Student Allowances Amendment Regulations (No.2) 2011 (SR 2011/288 [43] => Student Allowances Amendment Regulations (No.2) 2012 (SR 2012/212) [44] => Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013 (SR 2013/324) [45] => Student Allowances Amendment Regulations (No.2) 2002 (SR 2002/257) [46] => Student Allowances Amendment Regulations (No.2) 2010 (SR 2010/291) [47] => Student Allowances Amendment Regulations 2003 (SR 2003/45) [48] => Tertiary Assistance Grants Regulations 1982, Amendment No.5 (SR 1986/377) [49] => Student Allowances Amendment Regulations (No. 2) 1997 (SR 1997/311) [50] => Student Allowances Regulations 1991 (SR 1991/295) [51] => Student Allowances Amendment Regulations (No.2) 2019 (LI 2019/117) [52] => Student Allowances Amendment Regulations 2005 (SR 2005/45) [53] => Student Allowances Amendment Regulations (No.2) 2015 (LI 2015/135) [54] => Student Allowances Amendment Regulations 2002 (SR 2002/54) [55] => Education Amendment Act 1990 [56] => Tertiary Assistance Grants Regulations 1982, Amendment No.4 (SR 1986/171) [57] => Public Records Act 2005 [58] => Student Allowances Amendment Regulations (No.3) 2005 (SR 2005/254) [59] => Student Allowances Amendment Regulations (No.2) 2016 (LI 2016/217) ) [agentType] => Other [authorityRelation] => Array ( [0] => Array ( [name] => DA415 [type] => covered_by [hasEndDate] => Array ( [type] => ExpiryDate 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( [0] => current ) ) [history] =>
- Student Allowance Appeal Authority - Ministry of Justice website, https://www.justice.govt.nz/tribunals/students/student-allowance-appeal-authority/ (acced 13 April 2020).
- New Zealand Legislation website (Parliamentary Counsel Office), http://www.legislation.govt.nz/ (accessed 13 April 2020).
- New Zealand Legal Information Institute, http://www.nzlii.org/ (accessed 13 April 2020).
Establishment
The Student Allowance Appeal Authority was established as the Tertiary Assistance Grants Appeal Authority on 14 December 1979 under section 193AA of the Education Act 1964, as amended by section 5 of the Education Amendment Act 1979.
The Authority was continued as the Student Allowance Appeal Authority in accordance with section 304(7) of the Education Act 1989, as amended by section 48 of the Education Amendment Act 1990.
Changes were made to the Authority again under the Tribunals Powers and Procedures Legislation Act 2018.
Functions and Responsibilities
1979 to 1990
The function of the Student Allowances Appeal Authority, as the Tertiary Assistance Grants Appeal Authority, was to hear and determine appeals made to it in relation to the awarding of bursaries, scholarships, grants, or allowances payable to persons by reason of hardship, by the Department of Education.
The process for making an appeal, and procedures for hearings, were outlined in sections 193AA and 193AB of the Education Act 1964 (as amended by section 5 of the Education Amendment Act 1979).
1990 to current
The function of the Student Allowance Appeal Authority was to hear appeals against decisions on student allowances made by the Ministry of Education, such as:
- fixing the amount of any allowance; or
- declining to award an allowance to any person; or
- approving as a full-time programme for any person in any year any specified part of a course of study; or
- refusing to approve as a full-time programme in any year any part of a course of study for any person; or
- refusing to extend the period in respect of which any person received payments under any allowance; or
- refusing to recognise the amount of work passed in any year by any person as being sufficient to entitle the person to the reinstatement of any allowance; or
- refusing to recognise any qualification or amount of work gained or passed by any person as being equivalent to any other qualification or amount of work.
A person aggrieved with a decision could request the Secretary of Education to review the decision.
Where any person was aggrieved with the decision of the review, the person could appeal the decision.
The Authority considered the appeal, and taking into account the circumstances it considered relevant, either:
- confirmed the decision; or
- substituted for it any other decision that the Secretary might have made.
The confirmation or decision had effect as if it was the decision of the Secretary.
The Authority could strike out, in whole or in part, an appeal if satisfied that it:
- disclosed no reasonable cause of action; or
- was likely to cause prejudice or delay; or
- was frivolous or vexatious; or
- was otherwise an abuse of process.
Every decision of the Authority was required to be accompanied by written reasons for it.
When substituting for any decision of the Secretary of Education, the Authority was empowered to charge the Secretary to pay for all or part of the costs incurred by the Authority in hearing the appeal, with that sum being paid to the chief executive of the Ministry of Justice.
The Authority could order that any part of the evidence given, or the name of any witness, not be published.
An order could also be made subject to any conditions that the Tribunal considered appropriate.
Structure
1979 to 2018
The Student Allowance Appeal Authority comprised of 1 person, who was appointed by the Minister of Education for a term of 3 years from date of appointment, and was eligible for reappointment.
2018 to current
Under the Education Act 1989, as amended by the Tribunals Powers and Procedures Legislation Act 2018, the Minister of Education was authorised to appoint 1 or more Student Allowance Appeal Authorities and give the Authorities distinctive designations, and change any designation.
An Authority comprised of a person appointed by the Minister for a term of up to 5 years from the date of their appointment, and any person could be reappointed.
An Authority continued in office despite the expiry of their term of office until:
- the Authority was reappointed; or
- the Authority's successor was appointed; or
- the Authority was notified that a replacement Authority would not be appointed; or
- the Authority vacated or was removed from office.
If an Authority became incapable of acting by reason of illness, absence, or other sufficient cause, or if an Authority considered it was not proper or not desirable that they should adjudicate on a specified matter, the Minister could appoint a suitable person as an acting Authority for the period or purpose stated in the appointment.
Support
Administrative support for the Authority was provided by the Department of Justice (1979 to 1995), the Department for Courts (1995 to 2003), and the Ministry of Justice (from 2003).
[isAssociatedWithPlace] => Array ( [0] => Array ( [location] => Wellington ) ) [itemType] => Agency [rdfType] => agent [recordIsMissing] => [setSpec] => agency ) )Show History
Establishment
The Student Allowance Appeal Authority was established as the Tertiary Assistance Grants Appeal Authority on 14 December 1979 under section 193AA of the Education Act 1964, as amended by section 5 of the Education Amendment Act 1979.
The Authority was continued as the Student Allowance Appeal Authority in accordance with section 304(7) of the Education Act 1989, as amended by section 48 of the Education Amendment Act 1990.
Changes were made to the Authority again under the Tribunals Powers and Procedures Legislation Act 2018.
Functions and Responsibilities
1979 to 1990
The function of the Student Allowances Appeal Authority, as the Tertiary Assistance Grants Appeal Authority, was to hear and determine appeals made to it in relation to the awarding of bursaries, scholarships, grants, or allowances payable to persons by reason of hardship, by the Department of Education.
The process for making an appeal, and procedures for hearings, were outlined in sections 193AA and 193AB of the Education Act 1964 (as amended by section 5 of the Education Amendment Act 1979).
1990 to current
The function of the Student Allowance Appeal Authority was to hear appeals against decisions on student allowances made by the Ministry of Education, such as:
- fixing the amount of any allowance; or
- declining to award an allowance to any person; or
- approving as a full-time programme for any person in any year any specified part of a course of study; or
- refusing to approve as a full-time programme in any year any part of a course of study for any person; or
- refusing to extend the period in respect of which any person received payments under any allowance; or
- refusing to recognise the amount of work passed in any year by any person as being sufficient to entitle the person to the reinstatement of any allowance; or
- refusing to recognise any qualification or amount of work gained or passed by any person as being equivalent to any other qualification or amount of work.
A person aggrieved with a decision could request the Secretary of Education to review the decision.
Where any person was aggrieved with the decision of the review, the person could appeal the decision.
The Authority considered the appeal, and taking into account the circumstances it considered relevant, either:
- confirmed the decision; or
- substituted for it any other decision that the Secretary might have made.
The confirmation or decision had effect as if it was the decision of the Secretary.
The Authority could strike out, in whole or in part, an appeal if satisfied that it:
- disclosed no reasonable cause of action; or
- was likely to cause prejudice or delay; or
- was frivolous or vexatious; or
- was otherwise an abuse of process.
Every decision of the Authority was required to be accompanied by written reasons for it.
When substituting for any decision of the Secretary of Education, the Authority was empowered to charge the Secretary to pay for all or part of the costs incurred by the Authority in hearing the appeal, with that sum being paid to the chief executive of the Ministry of Justice.
The Authority could order that any part of the evidence given, or the name of any witness, not be published.
An order could also be made subject to any conditions that the Tribunal considered appropriate.
Structure
1979 to 2018
The Student Allowance Appeal Authority comprised of 1 person, who was appointed by the Minister of Education for a term of 3 years from date of appointment, and was eligible for reappointment.
2018 to current
Under the Education Act 1989, as amended by the Tribunals Powers and Procedures Legislation Act 2018, the Minister of Education was authorised to appoint 1 or more Student Allowance Appeal Authorities and give the Authorities distinctive designations, and change any designation.
An Authority comprised of a person appointed by the Minister for a term of up to 5 years from the date of their appointment, and any person could be reappointed.
An Authority continued in office despite the expiry of their term of office until:
- the Authority was reappointed; or
- the Authority's successor was appointed; or
- the Authority was notified that a replacement Authority would not be appointed; or
- the Authority vacated or was removed from office.
If an Authority became incapable of acting by reason of illness, absence, or other sufficient cause, or if an Authority considered it was not proper or not desirable that they should adjudicate on a specified matter, the Minister could appoint a suitable person as an acting Authority for the period or purpose stated in the appointment.
Support
Administrative support for the Authority was provided by the Department of Justice (1979 to 1995), the Department for Courts (1995 to 2003), and the Ministry of Justice (from 2003).
The establishment date of the Student Allowance Appeal Authority is based on the commencement date of section 5 of the Education Amendment Act 1979, 14 December 1979, which amended the Education Act 1964 to create the Tertiary Assistance Grants Appeal Authority. The Authority was continued as the Student Allowance Appeal Authority in accordance with section 304(7) of the Education Act 1989 (as amended by section 48 of the Education Amendment Act 1990), which stated "the authority is the body formerly known as the Tertiary Assistance Grants Appeal Authority".
- Student Allowance Appeal Authority - Ministry of Justice website, https://www.justice.govt.nz/tribunals/students/student-allowance-appeal-authority/ (acced 13 April 2020).
- New Zealand Legislation website (Parliamentary Counsel Office), http://www.legislation.govt.nz/ (accessed 13 April 2020).
- New Zealand Legal Information Institute, http://www.nzlii.org/ (accessed 13 April 2020).
Show Other Mandates
- Student Allowances Amendment Regulations (No.2) 2006 (SR 2006/270)
- Student Allowances Amendment Regulations 2009 (SR 2009/22)
- Tertiary Assistance Grants Regulations 1982, Amendment No.1 (SR 1984/9)
- Tertiary Assistance Grants Regulations 1980, Amendment No.1 (SR 1981/9)
- Tertiary Assistance Grants Regulations 1982 (SR 1982/277)
- Student Allowances Regulations 1998 (SR 1998/227)
- Student Allowances Amendment Regulations (No.2) 2004 (SR 2004/299)
- Tribunals Powers and Procedures Legislation Act 2018
- Student Allowances Amendment Regulations 1999 (SR 1999/59)
- Student Allowances Amendment Regulations (No.3) 2006 (SR 2006/356)
- Fees and Travelling Allowances Act 1951
- Student Allowances Amendment Regulations 1997 (SR 1997/34)
- Student Allowances Regulations 1991, Amendment No.1 (SR 1992/336)
- Tertiary Assistance Grants Regulations 1982, Amendment No.7 (SR 1987/397)
- Student Allowances Amendment Regulations (No.2) 2008 (SR 2008/282)
- Student Allowances Amendment Regulations 2004 (SR 2004/51)
- Tertiary Assistance Grants Regulations 1982, Amendment No.3 (SR 1986/6)
- Tertiary Assistance Grants Regulations 1982, Amendment No.6 (SR 1987/26)
- Student Allowances Amendment Regulations (No.2) 2018 (LI 2018/178)
- Student Allowances Amendment Regulations 2016 (LI 2016/48)
- Student Allowances Amendment Regulations 2010 (SR 2010/29)
- Student Allowances Amendment Regulations 2018 (LI 2018/24)
- Student Allowances (Increase for 2018) Amendment Regulations 2017 (LI 2017/294)
- Student Allowances Regulations 1991, Amendment No.3 (SR 1996/379)
- Tertiary Assistance (Transitional Grants) Regulations 1988 (SR 1988/136)
- Student Allowances Amendment Regulations (No.2) 2014 (LI 2014/117)
- Student Allowances Amendment Regulations 2006 (SR 2006/49)
- Tertiary Assistance Grants Regulations 1980, Amendment No.3 (SR 1981/374)
- Student Allowances Amendment Regulations (No.4) 2006 (SR 2006/379)
- Tertiary Assistance Grants Regulations 1980 (SR 1980/18)
- Student Allowances Amendment Regulations 2001 (SR 2001/25)
- Student Allowances Regulations 1991, Amendment No.2 (SR 1995/309)
- Student Allowances Amendment Regulations 2019 (LI 2019/30)
- Student Allowances (Budget 2017—Accommodation Benefit) Amendment Regulations 2017 (LI 2017/134)
- Tertiary Assistance Grants Regulations 1982, Amendment No.2 (SR 1985/8)
- Tertiary Assistance Grants Regulations 1980, Amendment No.2 (SR 1981/91)
- Student Allowances Amendment Regulations 2000 (SR 2000/42)
- Student Allowances Amendment Regulations (No.2) 2003 (SR 2003/251)
- Student Allowances Amendment Regulations (No.2) 2007 (SR 2007/253)
- Student Allowances Amendment Regulations 2007 (SR 2007/57
- Student Allowances Amendment Regulations 2011 (SR 2011/18)
- Student Allowances Amendment Regulations (No.2) 2005 (SR 2005/62)
- Student Allowances Amendment Regulations (No.2) 2011 (SR 2011/288
- Student Allowances Amendment Regulations (No.2) 2012 (SR 2012/212)
- Student Allowances (Budget 2013 Initiatives) Amendment Regulations 2013 (SR 2013/324)
- Student Allowances Amendment Regulations (No.2) 2002 (SR 2002/257)
- Student Allowances Amendment Regulations (No.2) 2010 (SR 2010/291)
- Student Allowances Amendment Regulations 2003 (SR 2003/45)
- Tertiary Assistance Grants Regulations 1982, Amendment No.5 (SR 1986/377)
- Student Allowances Amendment Regulations (No. 2) 1997 (SR 1997/311)
- Student Allowances Regulations 1991 (SR 1991/295)
- Student Allowances Amendment Regulations (No.2) 2019 (LI 2019/117)
- Student Allowances Amendment Regulations 2005 (SR 2005/45)
- Student Allowances Amendment Regulations (No.2) 2015 (LI 2015/135)
- Student Allowances Amendment Regulations 2002 (SR 2002/54)
- Education Amendment Act 1990
- Tertiary Assistance Grants Regulations 1982, Amendment No.4 (SR 1986/171)
- Public Records Act 2005
- Student Allowances Amendment Regulations (No.3) 2005 (SR 2005/254)
- Student Allowances Amendment Regulations (No.2) 2016 (LI 2016/217)
Show 56 items
- 🗑 DA415
- 🏛 Realm of New Zealand (1979 ‑ )