Definition of Domestic Student
Information that outlines who is classed as a domestic student.
The information below sets out who is classed as a domestic student for study in the New Zealand school sector and in the tertiary sector.
Information about whether a prospective student is classified as "International" or "Domestic" is also available. To find out more go to the Education Circular 2009/01- Eligibility for enrolment in New Zealand schools.
The circular outlines which documents should be cited and copies retained for enrolment to take place. 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 of “Domestic Student” in the School Sector
Legislation: Section 2 of the Education Act 1989
“Domestic student”, at any time, means a person who is then – |
Description |
| (a) A New Zealand citizen; or |
- New Zealand citizens, including students from Tokelau, the Cook Islands and Niue.
|
| (b) The holder of a residence permit under the Immigration Act 1987 who satisfies the criteria* (if any) prescribed by regulations made under subsection (4) ; or |
- Holders of New Zealand residence permits.
|
| (c) By virtue of paragraph (a) or paragraph (b) or paragraph (f) of section 11(1) of [the Immigration] Act, exempt from the requirement to hold a permit granted under that Act; or |
- A foreign student who is the dependent of a person with consular and diplomatic privileges, or who ceased to have those privileges during the calendar year (under section 11 (1) (a) of the Immigration Act 1987);
- A foreign student who is the dependent of a person who is part of a visiting force, or its civilian component;
- A foreign student who is the dependent of a person who is part of a scientific programme or expedition under the Antarctica Act 1960.
|
| (d) Exempted under section 12 of that Act from the requirement to hold a permit granted under [the Immigration] Act; or |
|
| (e) 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 foreign students: |
- A foreign student who is the dependent child of any person who is in NZ to study under an exchange programme approved by the NZ government;
- A foreign student who is the dependent child of any person who is the holder of an unexpired work permit granted in accordance with the Immigration Act 1987 (except if issued under “crew of foreign chartered fishing vessels” or “recognised seasonal employer” Immigration NZ work policies);
- A foreign student who is the dependent child of any person who is the holder of a NZAID (including Commonwealth) scholarship;
- A foreign student who has, or who is the dependent child of any person who has, made a claim to be recognised as a refugee in accordance with Part VIA of the Immigration Act 1987;
A foreign student who has entered NZ for the purposes of adoption:
- (a) and whose adoption application before the NZ Family Court 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
- (b) who is the subject of an Interim Order of Adoption granted by the NZ Family Court under section 5 of the Adoption Act 1955 (where the Final Order will entitle that student to education as a domestic student);
- The dependent children of any foreign student who is enrolled in any Doctor of Philosophy programme at a NZ university;
- A foreign student who is the dependent child of any person who is the holder of a residence permit under the Immigration Act 1987 and
(a) whose application for permanent residence under the Immigration Act 1987 has been received and is being considered for approval by Immigration New Zealand at the time the student enrols; or
(b) whose application is still being considered for approval by Immigration New Zealand at the beginning of each subsequent school year;
- A foreign student who is the dependent child of a New Zealand citizen, and whose application for citizenship is being considered for approval by the Department of Internal Affairs;
- A foreign student who holds a Limited Purpose Permit (LPP) that states it is valid for primary or secondary study, or a LPP accompanied by a letter from Immigration NZ stating that it is for the purpose of primary or secondary study;
- A foreign student who has come into the care of Child Youth and Family (CYF) through an order under the CYFS Act.
|
*there are currently no criteria prescribed
Note: Exchange students were previously considered to be domestic students. The Gazette notice designating them domestic, however, was amended in 2002. Now, students in New Zealand on a government approved exchange scheme in the school sector are classed as foreign students who are entitled to enrol at a State school and are exempt from the payment of all fees required to be paid under section 4B of the Education Act.
Definition of “Domestic Student” in the Tertiary Sector
Legislation: Section 159 of the Education Act 1989
“Domestic student”, at any time, means a person who is then – |
Description |
| (a) A New Zealand citizen; or |
- New Zealand citizens, including students from Tokelau, the Cook Islands and Niue.
|
| (b) The holder of a residence permit under the Immigration Act 1987 who satisfies the criteria* (if any) prescribed by regulations made under subsection (4) ; or |
- Holders of New Zealand residence permits.
|
| (c) By virtue of paragraph (a) or paragraph (b) or paragraph (f) of section 11(1) of [the Immigration] Act, exempt from the requirement to hold a permit granted under that Act; or |
- People with consular and diplomatic privileges;
- People who are part of a visiting force and their dependants;
- People who are part of a scientific programme or expedition under the Antarctica Act 1960.
|
| (d) Exempted under section 12 of [the Immigration] Act from the requirement to hold a permit granted under that Act; or |
|
| (e) 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 foreign students. |
- Persons who are in NZ to study under an exchange scheme approved by the government
- A student who has refugee status and is required by the NZIS to undertake a prescribed course of study or training at a tertiary institution to satisfy permanent residency requirements;
- A child or step-child of a member of a diplomatic mission or consulting post who does not exceed 21 years of age at the date of commencement of the year in which they are undertaking tertiary education;
- A foreign student enrolled for the first time after 19 April 2005 in any Doctor of Philosophy programme at a NZ university.
|
*there are currently no criteria prescribed