International Student Rights NZ 2026 – Staff Compliance Guide

This guide outlines the key compliance obligations for tertiary providers under New Zealand law, specifically the Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 (the Code), as well as visa conditions, insurance, refund policies, and accommodation standards. All staff must understand these requirements to ensure full compliance and to protect both the student and the institution.

1. Pastoral Care Code 2021 – Core Obligations

The Code sets out minimum standards for the wellbeing and safety of international students. Key sections include:

• Section 5 – Student Welfare: Providers must ensure that international students have access to safe and supportive living and learning environments.
• Section 6 – Accommodation: All accommodation arranged or endorsed by the provider must meet minimum standards (see below).
• Section 7 – Information and Support: Students must receive clear, accurate information about their rights, support services, and complaint processes.
• Section 8 – Grievance and Complaints: A fair and transparent internal complaints process must be in place, with escalation to the International Student Contract Dispute Resolution Scheme (ISCDRS) if unresolved.

2. Accommodation Standards

Under Section 6 of the Code, providers must ensure that any accommodation they arrange or recommend meets the following minimum standards:

• Safe and secure premises (e.g., working locks, smoke alarms, adequate heating).
• Access to basic amenities (kitchen, bathroom, laundry).
• Reasonable proximity to the campus or public transport.
• For homestay: a written agreement, background checks on hosts, and regular inspections.

Providers must also maintain a register of all accommodation used by international students under 18, and conduct termly inspections. For students 18+, providers must offer advice on finding safe accommodation but are not required to inspect private rentals unless they have arranged them.

3. 24/7 Support Services

Under Section 5(2) of the Code, providers must ensure that international students have access to 24/7 support in case of emergency. This can be provided directly (e.g., a staffed helpline) or through a third-party service (e.g., a contracted provider).

• The support must be available in English and, where possible, in the student’s first language.
• Students must be informed of the support service at orientation and via written materials.
• Staff must be trained to handle crisis situations, including mental health emergencies, accidents, and natural disasters.

ShiftScript’s platform can help you log and track all support interactions, ensuring compliance with documentation requirements.

4. Refund Policy

Under Section 10 of the Code, providers must have a clear, fair, and published refund policy. The policy must cover:

• Full refunds if the programme is cancelled by the provider.
• Partial refunds if the student withdraws early (pro-rata basis).
• No refunds if the student is expelled for misconduct (but this must be clearly stated).
• Refunds for visa decline (usually full refund less an administration fee).

All refunds must be processed within 20 working days of the request. Keep detailed records of all refund requests and outcomes.

5. Insurance Obligations

All international students must hold appropriate medical and travel insurance for the duration of their visa. Under Section 11 of the Code and Immigration New Zealand (INZ) instructions:

• Insurance must cover: medical treatment, hospitalisation, repatriation, and personal liability (minimum NZ$1 million).
• Providers must verify that students have valid insurance at enrolment and at each subsequent semester.
• If a student’s insurance lapses, the provider must notify the student and, if not reinstated within 14 days, report to INZ.

Recommended providers include Southern Cross, Uni-Care, and OrbitProtect. Do not accept policies from unlicensed offshore insurers.

6. Visa Conditions

International students must comply with the conditions of their student visa. Key conditions include:

• Full-time study: Must be enrolled in a full-time programme (minimum 20 hours per week for tertiary, or 30 hours for secondary).
• Work rights: Students on a valid student visa can work up to 20 hours per week during term time and full-time during scheduled holidays. Postgraduate research students may have unlimited work rights.
• Attendance: Providers must monitor attendance and report any unexplained absences to INZ if they exceed 10 consecutive days.
• Change of provider: Students must apply for a variation of conditions if they wish to change providers or programmes.

Providers must maintain accurate attendance records and report any breaches to INZ within 14 days. Failure to do so can result in the provider losing its signatory status.

7. Record Keeping and Compliance

Under Section 12 of the Code, providers must keep detailed records for at least 10 years after a student’s enrolment ends. Records must include:

• Enrolment agreements and refund policies.
• Accommodation inspection reports.
• Insurance verification records.
• Attendance and academic progress reports.
• Complaints and grievance outcomes.

ShiftScript can help you centralise these records, automate reminders for inspections and insurance checks, and generate compliance reports for NZQA audits.

Access ShiftScript Compliance Portal