Education Code of Practice - AGI Education has agreed to observe and be bound by the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 (the Code) and subsequent amendments published by the Ministry of Education, and managed by the Code Administrator, New Zealand Qualification Authority.
Copies of the Codes are available on request from AGI Education or you can find them here: https://www2.nzqa.govt.nz/assets/Tertiary/The-Code/pastoral-care-code-of-practice-2021-english.pdf
Privacy – AGI collects and stores information from this form to:
• manage the business of AGI (including internal reporting, administrative processes and selection of scholarship and prize winners)
• comply with the requirements of the Education Act 1989 and other legislation relating to maintenance of records
• supply information to government agencies and other organisations as set out below.
In signing this enrolment form you authorise such disclosure on the understanding that AGI Education will observe the conditions governing the release of information, as set out in the Privacy Act 1993, the Education Act 1989 and other relevant legislation. You may see any information held about you and amend any errors in that information. To do so, contact the Student Services.
NB: The Privacy Act came into force on 1 July 1993 with the stated aim of protecting the privacy of natural persons. It requires AGI Education to collect, hold, handle, use and disclose personal information in accordance with the twelve information privacy principles in the Act. https://privacy.org.nz/privacy-act-2020/privacy-principles/
Supply of information to government agencies and other organisations
AGI Education supplies data collected on this form to government agencies, including:
• the Ministry of Education
• the Education New Zealand
• the New Zealand Qualifications Authority
• the Tertiary Education Commission
• the Ministry of Social Development (in relation to student loans and allowances) and Inland Revenue (student loans)
• Immigration New Zealand and the Ministry of Business, Innovation and Employment (for those who are not New Zealand citizens or permanent residents)
• agencies which support particular students through scholarships, payment of fees or other awards (if you are a recipient of one of these awards).
Those agencies use the data collected from tertiary education organisations to:
• administer the tertiary education system, including allocating funding
• develop policy advice for government
• conduct statistical analysis and research.
o Your personal details (name, date of birth and residency) as entered on this form will be included in the National Student Index and may be used in an authorised information matching programme with the New Zealand Birth Register.
o The government agencies above may supply data collected on this form to Statistics New Zealand for the purposes of integrating data with data collected by other government agencies, subject to the provisions of the Statistics Act 1975. Integrated data is used for the production of official statistics, to inform policy advice to government and for research purposes.
o In handling data supplied by you on this form, the government agencies are required to comply with the provisions of the Privacy Act 1993.
o When required by law, AGI Education releases information to government agencies such as the New Zealand Police, Department of Justice, Ministry of Social Development, and the Accident Compensation Corporation (ACC).
Information collected on this form may be supplied to other educational organisations for the purpose of verifying academic records.
Fees
In signing this enrolment form you undertake to pay all fees as they become due, and to meet any late fees and collection charges associated with debt recovery. AGI’s policy on withdrawal and refund of fees may be obtained from the Marketing or Student Services team.
Quality Assurance
NZQA assesses the standard of education for tertiary education organisations through a regular system of external evaluation and review (EER). Through periodic EER, tertiary education organisations are held accountable to their students, employers, funders, quality assurance bodies and other interested parties.
Please go to http://www.nzqa.govt.nz and search AGI Education to see our latest EER report from NZQA.
Programme / Timetable Changes
• AGI Education reserves the right to cancel or postpone any programme and shall not be liable for any claim other than the proportion of programme which the cancelled portion bears. At least 2 weeks’ notice will be given.
• AGI Education reserves the right to cancel or postpone any programme components (modules) and shall not be liable for any claim other than the proportion of component (module) fee which the cancelled portion bears. Modules are opened subject to the number of enrolments and/or any other factors. At least 2 weeks’ notice will be given.
• AGI Education reserves the right to change the timetable/schedule of programmes and shall not be liable for any claim in terms of the impact this may have on the student. Changes to timetables are dependent upon number of enrolments and/or any other factors. At least 2 weeks’ notice will be given.
Liability
To the fullest extent permitted by the Consumer Guarantees Act 1993 or otherwise at law or in equity, AGI Education’s liability, whether arising as a result of any breach of the Conditions of Enrolment or on any other ground or basis (including liability as a result of negligence), will be limited to the fees actually paid by the student or the applicant(s) or any other person (in respect of the student’s or the applicant(s)’ tuition) to AGI Education. Under no circumstances will AGI Education be liable for indirect or consequential loss or damage of any kind (including loss of profits).
Complaints Procedure
AGI Education has a set procedure to resolve complaints. If the complaint is unable to be resolved satisfactorily within AGI Education, it can be taken to the Chief Executive or sent in writing to the Chief Executive. If it is still not resolved, then the complaint can be taken to NZQA or Study Complaints. NZQA is a government organisation, and they can provide an independent assessment of the complaint. Study Complaints is the appointed operator of the International Student Contract Dispute Resolution Scheme (DRS), which was set up to resolve financial and contractual disputes.
• NZQA – for concerns and complaints about a provider breaching the Code OR
• Study Complaints – for concerns and complaints about money or contracts.
NZQA - you can submit your complaint query on the NZQA website (www.nzqa.govt.nz) OR send an email to risk@nzqa.govt.nz
Study Complaints - you can contact them through their website - https://www.studycomplaints.org.nz/
Disciplinary Procedure
If students contravene AGI Education rules and regulations (as published on the AGI Education website) including breaching the Conditions of Enrolment (as published in this enrolment form) with AGI Education, the student will be issued with warning(s) following the AGI Education discipline procedure:
• 1st offence will result in a verbal warning, confirmed in writing.
• 2nd offence will result in a written warning,
• 3rd offence will result in a final written warning.
• If the student then continues to break AGI Education rules and regulations they will be expelled, and their enrolment with AGI Education will be terminated.
The Chief Executive can instantly expel students without warning if they seriously break the rules and regulations of AGI Education and/or the laws of New Zealand.
Please note that Attendance and Academic issues are part of the disciplinary process.
The student will not be entitled to a refund of their fees if their enrolment with AGI Education is terminated for Attendance or Disciplinary reasons.
Rules
In signing this enrolment form you undertake to comply with the published rules and policies of AGI Education with regard to attendance, academic integrity and progress, conduct, use of information systems, withdrawals and refunds.
Withdrawal / Refund Information
Withdrawal / Termination from the programme
1. Students must notify AGI Education of withdrawal from a programme using any of the following ways:
a. in writing on the official AGI Education Request for Withdrawal Form These are available from reception or can be downloaded from our website www.agi.ac.nz and either emailed (studentinfo@aka.ac.nz) OR submitted physically to a member of our Student Services / Marketing team.
b. in writing in an email or any other way to a member of our Student Services / Marketing team (studentinfo@aka.ac.nz); OR
c. verbally to a member of our Student Services / Marketing team
d. The withdrawal date will be the date the notification was received by AGI Education or the withdrawal date indicated by the student in their notification (whichever is the later).
2. A student will be treated as withdrawn if;
a. the student fails to attend or participate in the programme in the first 8 days from the Offer of Place commencement date (or extension date where approved prior)
OR
b. the student attends or participates in the programme within the first 8 days from the Offer of Place commencement date (or extension date where approved prior) but stops attending or participating in the programme before the end of this period.
c. 2.b does not apply where a student attends or participates in the programme after the end of the period defined.
3. AGI Education reserves the right to terminate a student’s enrolment in the event of:
a. Academic or disciplinary non-compliance
b. Attendance non-compliance
i. Non-attendance for more than 5 consecutive days without contact or approved leave, after the first 10 working days from the Offer of Place commencement date (or extension date where approved prior).
ii. Failure to meet AGI Education’s Attendance Requirements.
4. Terminations will be notified to the student via personal email once actioned.
5. If you are terminated and you are in receipt of Student Loans / Allowances AGI Education will notify Study Link, who will cancel your Student Loans / Allowances entitlement. This may affect your ability to access Student Loans / Allowances in the future. This may also impact your ability to access MSD support benefits.
Refund Information
1. Students who withdraw in accordance with AGI Education’s Withdrawal Policy and are deemed eligible for a refund as per Withdrawal/Refund Information, will have
their refund paid within 5 working days from the date of the notification of withdrawal. This timeframe is subject to the student providing the required documentation (for the refund to be paid by Public Trust) within 2 working days of a documentation request from AGI Education.
2. Refund timeframes and refund criteria will be calculated in accordance with the AGI Education Refund Calculation Table. (See Table 1.1)
3. All refunds are made in New Zealand dollars, unless otherwise permitted by Public Trust.
4. All refunds will be paid to the student OR a nominated person approved and requested in writing by the student. This is also subject to Public Trust requirements.
Refunds of fees when withdrawal occurs prior to and within the first 10 working days from the Offer of Place commencement date (or extension date where approved prior).
5. The student will be entitled to a full refund of total programme fees paid, less 10% or $500 of the total fees paid (whichever is the lesser).
Refunds of fees when withdrawal occurs after 10 working days from the Offer of Place commencement date (or extension date where approved prior).
6. A withdrawal due to exceptional circumstances may, at the sole discretion of the Chief Executive, be grounds for a refund of fees.
a. The Chief Executive may require documentary evidence in support of the application for the refund. Exceptional circumstances may include:
• serious illness or disability of the student.
• death of a student or close family member (parent, sibling, spouse or child);
• political, civil or natural event that prevents arrival of the student
b. If refund is approved under exceptional circumstances, AGI Education will at a minimum deduct any fees which have been paid or incurred by AGI Education including, but not limited to:
• tuition utilized
• resource fees
• the student’s Recruitment Agent fees
• the cost of any additional services that were completed prior to withdrawal
An application can be made in writing to the Chief Executive. A response will be sent within 10 working days of receipt of request for consideration of exceptional circumstances.
Refunds will be paid within 5 working day of the decision by the Chief Executive to permit a refund under exceptional circumstances.
7. Any excess fees or other funds will be managed by Public Trust as follows:
Refunds to Consolidated (Unclaimed Funds)
Scenario 1:
The student pays a deposit or full fees but does not start the course or withdraws within the refund period. Funds can be transferred to consolidated 12 months from payment receipt date as the student has had 12 months to claim their fees
Scenario 2:
The student has withdrawn after the refund period or finished the course and there is a balance of fees left on their account. Funds can be transferred to consolidated 12 months from the course end date.
Once in Consolidated they are held for a further 6 years and if no claim on the funds, after 6 years the funds are released to NZ Treasury.
8. In the event that AGI Education withdraws an Offer of Place, or is unable to provide the programme, all tuition fees will be refunded.
9. In the unlikely event that AGI Education:
a. ceases to provide a programme as contracted with a student, due to a requirement by an education quality assurance agency OR
b. ceases to be a signatory or provider
Students will be entitled to a full refund of fees for any undelivered tuition/services.
c. If AGI Education ceases to provide a programme as contracted with a student, on its own accord, students will be entitled to a full refund of fees less 20%