Definition of domestic student

Definition for schools

Information about whether a prospective student is classified as "International" or "Domestic" is available online by going to the Ministry's Circular 2011/01 - Eligibility to enrol in New Zealand schools.

See Appendix B: Domestic students (permanent) and Appendix C: Domestic students (time-bound) which shows eligibility evidence required to confirm domestic student status.

Please remember, if you wish to enrol an international student, you must be a Signatory to the Code of Practice for the Pastoral Care of International Students and you must pay the International Student Levy.

Definition for tertiary

Section 159 of the Education Act 1989 defines domestic student as:

• A New Zealand citizen
• The holder of a residence class visa granted under the Immigration Act 2009
• A person of a class or description of persons required by the Minister, by notice in the Gazette, to be treated as if they are not international students.

The following classes of persons are required by the Minister to be treated as if they are not international students:

• A person who has a letter from the Protocol Division of the New Zealand Ministry of Foreign Affairs and Trade confirming that he or she is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971 for the current academic year, until the end of the year in which that status expires.
• A person who has made a claim to be recognised as a refugee or a protected person in accordance with Part 5 of the Immigration Act 2009, and who is the holder of a valid temporary visa.
• A person who has been recognised as a refugee or a protected person in accordance with Part 5 of the Immigration Act 2009, and whose application for residence is being processed.
• A person who is in New Zealand to study under a New Zealand Government approved exchange programme at a tertiary education provider.
• A person who is enrolled in a Doctor of Philosophy programme at a New Zealand university.
• A person who is enrolled at a tertiary education provider for the purpose of participating in industry training funded under the Industry Training Act 1992.

The last point related to industry training has been added as a result of a recent policy change through a Gazette Notice posted on the Department of Internal Affairs website. Foreign nationals enrolled at tertiary education providers for off-job industry training are funded at the same rate as New Zealand citizens and residents under the Industry Training Act 1992, because they are an integral part of the New Zealand workforce. They do not pay international student fees, and like other foreign nationals who do not pay international fees and/or are funded by the New Zealand Government, they should not be subject to regulations made for the export education industry.

To reduce the compliance burden for tertiary education providers involved in industry training for foreign nationals, the Minister has agreed to extend domestic student status to foreign nationals enrolled at tertiary education providers for the purpose of industry training funded under the Industry Training Act 1992. This change means that regulations for the export education industry (ie the Code of Practice for the Pastoral Care of International Students and the Export Education Levy) no longer apply under this situation, from 18 November 2011. This change should have no implication for the eligibility criteria and funding for industry training under the Industry Training Act 1992.

For details of the Gazette notices, go to the Department of Internal Affairs website.