Statutory reviews
What is a statutory review?
A statutory review is the statutory right to review a decision set out in clause 5(1) of Schedule 10 of the Education and Training Act 2020.
The person undertaking a statutory review of a decision has been delegated authority by the Chief Executive of MSD to undertake the review.
They must not have had any involvement in the original decision.
Timeframe for requesting a statutory review
When a student makes an application for a statutory review of a decision, the application must be received by MSD within 3 months of the student receiving notification of the decision.
An application made outside of the 3 month timeframe may be allowed if there is a good reason for the application not being made within the 3 month timeframe.
When a request is made outside the 3 month timeframe, but prior to lodging or finalising an application for a statutory review of a decision, the person who considers the request needs to advise what further time will be allowed to make or finalise the application.
In making a decision to extend the timeframe for applying for a statutory review of a decision, the person uses the discretion provided in clause 5(3)b of Schedule 10 of the Education and Training Act 2020.
Student Allowance Review Panel
The person undertaking the statutory review either does this :
- alone or
- if the student requests, as part of a Student Allowance Review Panel
Where a Student Allowance Review Panel is requested, a hearing is conducted where the student can be heard in person.
The Student Allowance Review Panel is not provided for in legislation. It was established to provide students who request a statutory review of a decision, an opportunity to state their case in a hearing, similar to a Benefit Review Committee hearing under the Social Security Act 2018.
The Student Allowance Review Panel is made up of:
- the person undertaking the statutory review
- a Ministry advisor
- an advisor from the New Zealand Union of Students' Associations
The person undertaking the statutory review is solely responsible for making the decision to either confirm the original decision or substitute a different decision. The two advisors provide advice.
The consent of the student is required to enable the advisor from the New Zealand Union of Students Associations who sits on the review panel to have access to any personal information regarding the student.
Decisions that have a statutory right of review
Decisions that have a statutory right of review are set out in clause 5(1) of Schedule 10 of the Education and Training Act 2020. They include:
| Provisions in clause 5(1) of Schedule 10 of the Education and Training Act 2020 | Types of decisions |
(a) Fixing the amount of an allowance | Decisions which determine the rate of Student Allowance. |
(b) Declining to award an allowance to a person | Decisions to decline a Student Allowance. |
(c) Approving as a full-time programme for a person in any year a specified part of a course of study | Decisions to approve Limited Full-Time status (this does not include decisions by other agencies in relation to programmes and their status for Student Allowance purposes). |
(d) Refusing to approve as a full-time programme in any year a part of a course of study for a person | Decisions to decline Limited Full-Time status (this does not include decisions by other agencies in relation to programmes and their status for Student Allowance). |
(e) Refusing to extend the period for which any person may receive payments under an allowance | Decisions to refuse an extension of the period for which an allowance can be received. |
(f) Refusing to recognise the amount of work passed in any year by a person as being sufficient to entitle the person to the reinstatement of an allowance | Decisions to refuse a reinstatement application. |
(g) Refusing to recognise any qualification or amount of work gained or passed by a person as being equivalent to any other qualification or amount of work | Some decisions to decline an application on the basis of not passing more than half of a full-time course. |
When there is no agreement whether a statutory right of review exists
When there is doubt whether a decision is subject to a statutory right of review, or a student disputes whether a decision is subject to a statutory right of review, it would generally be appropriate to provide a statutory right of review.
In some circumstances it may be necessary for the Student Allowance Appeal Authority to make a determination whether a statutory right of review exists before considering the substantive matter under dispute.
Where this occurs, a legal submission will be required on the question of whether a statutory right of review exists.
For more detailed information on the types of decision that are subject to the statutory review process see:
Legislation
- Appeals Part 6 Student Allowances Regulations 1998
- Appeals clause 5, Schedule 10 Education and Training Act 2020
