Parental consent

If a student is under 18 years of age when they sign their loan contract, then one of their parents will generally also have to give their consent for the student to enter into the loan contract.

Only one parent's consent is required.

By giving parental consent they are giving the student permission to access all components of the Student Loan (fees, course-related costs and living costs).

By giving their consent, the parent is not guaranteeing the loan. The only person responsible for repayment of any loan debt is the student.

The parent cannot subsequently withdraw their consent. They agree to this when they sign the parental consent.

The parental consent is an administrative provision only. It is not part of the contract and therefore does not affect the operation of the contract, including the terms and conditions, and the enforceability of it.

Once the contract is agreed, this administrative provision is completed.

Note under the Student Loan Scheme Act 2011, students under the age of 18 must be treated as if they are 18 years of age for the purposes of the Contract and Commercial Law Act 2017.

A parent includes a:

• step-parent
• guardian
• caregiver or
• any person 'acting in place of a parent'

A person is considered to be acting in place of a parent if they have been, or are, responsible for the student's wellbeing and/or financial support. This can include grandparents, other relatives (including whāngai) and foster parents if they are acting in place of a student's parent(s).

Students under 18 years of age can only sign the loan contract without providing parental consent if they:

• have one or more dependent children
• are married
• are in a civil union or
• have had a Student Allowance ICA application approved in the current or a previous year

Some students under 18 years of age may face difficulties in getting parental consent. If a student has circumstances that demonstrate the required level of independence, for example; the student would meet the 'ICA independence test' (if they applied), then parental consent is not required.