Offences and penalties

As part of an application and when subsequently providing information

If a student:

• knowingly makes a false or misleading statement in an application or
• knowingly makes a false or misleading statement in a notification of a change of their circumstances that effects their entitlement to a Student Loan or particular amount of a Student Loan or
• wilfully fails to notify MSD of any change in their circumstances that materially affects their entitlement to Student Loan

they commit an offence and are liable to a term of imprisonment (not exceeding 12 months) or a fine (not exceeding $5,000).

Charges must be filed within 12 months of the date on which MSD becomes aware of the offence.

During an investigation

If a student, when asked a question, or when they are required to provide information or documents necessary to determine entitlement:

• knowingly makes a false or misleading statement or
• knowingly makes a statement from which any material matter has been omitted or
• knowingly provides any false or misleading paper, document or record or
• knowingly provides, a paper, document, or record from which any material matter has been omitted or
• refuses to answer a question during an investigation

they commit an offence and are liable to a fine not exceeding $2,000.

Charges must be filed within 12 months of the date on which MSD becomes aware of the offence.

If an education provider, when required to provide information necessary to establish entitlement, intentionally:

• makes a false or misleading statement or
• makes a statement from which any material matter has been omitted or
• provides a false or misleading paper, document, or record or
• provides a paper, document, or record from which any material matter has been omitted or
• fails or refuses to provide requested information as soon as possible after a time requested by MSD

they commit an offence and are liable to a fine not exceeding $5,000 (or when the offence is a continuing one, a fine not exceeding $500 for each day the offence continues).

For offences committed on or after 1 August 2020, charges must be filed within 12 months of the date on which MSD becomes aware of the offence.

For offences committed before 1 August 2020, charges must be filed within 6 months after the date on which the offence was committed.

If a private training establishment fails, without reasonable excuse, to:

• keep accurate enrolment and academic records or
• ensure that the enrolment records are readily available, upon request, to MSD, among others

they commit an offence and are liable to a fine not exceeding $10,000.

Charges must be filed within 12 months after the date on which the offence was committed.

The provisions covering these offences and penalties are the responsibility of the New Zealand Qualifications Authority.

During the course of an investigation, MSD may ask a third party questions. They must answer these questions.

When they refuse to answer a question, they commit an offence and are liable to a fine not exceeding $2000.

Charges must be filed within 12 months of the date on which MSD becomes aware of the offence.