Pastoral Care Code 2021 NZ – What Tertiary Staff Must Know

The Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021 (the Code) came into full force on 1 January 2022, with all providers required to be fully compliant by 1 January 2024. This guide is current as of May 2026 and is written for New Zealand tertiary staff who need to understand their obligations in plain English.

Who the Code Applies To

The Code applies to all tertiary education providers in New Zealand that enrol domestic and/or international learners. This includes universities, institutes of technology and polytechnics (ITPs), private training establishments (PTEs), wānanga, and industry training organisations. It covers all learners under the age of 18, and all international learners regardless of age. Domestic learners aged 18+ are covered under a separate, lighter-touch framework (the Learner Wellbeing and Safety Strategy), but many providers choose to apply the full Code to all learners for consistency.

The Six Wellbeing Commitments

The Code is built around six high-level wellbeing commitments (Schedule 2). Each commitment has specific outcomes and minimum standards. Here’s what they mean for your day-to-day work:

1. Commitment 1: A learner-centred approach — Providers must treat learners as individuals, respect their identity, culture, and background, and involve them in decisions about their wellbeing. (Outcome 1.1–1.5)
2. Commitment 2: Safe and inclusive learning environments — Physical and online spaces must be free from bullying, harassment, and discrimination. Providers must have clear policies and staff training. (Outcome 2.1–2.6)
3. Commitment 3: Responsive and effective complaints and appeals processes — Learners must be able to raise concerns without fear of retaliation. Processes must be fair, timely, and well-publicised. (Outcome 3.1–3.5)
4. Commitment 4: Support for learner wellbeing and safety — Providers must have accessible wellbeing services, including mental health support, financial advice, and accommodation support (for international learners). (Outcome 4.1–4.8)
5. Commitment 5: Safe and suitable accommodation — For learners under 18 and international learners, accommodation must be approved, monitored, and meet minimum standards. (Outcome 5.1–5.6)
6. Commitment 6: Effective governance and management — The provider’s governing body must ensure the Code is implemented, resourced, and continuously improved. (Outcome 6.1–6.4)

NZQA Monitoring and Compliance

The New Zealand Qualifications Authority (NZQA) is the primary monitoring body for the Code. NZQA conducts:

• Self-review — Providers must complete an annual self-review against the Code outcomes and submit a report to NZQA by 31 March each year. (Section 27, Code)
• External evaluation and review (EER) — NZQA visits providers on a cycle (typically every 3–4 years) to check compliance. They will interview staff, learners, and review documentation.
• Complaint investigations — If a learner or third party raises a concern, NZQA can investigate at any time.

Key documentation you must keep up to date: your learner wellbeing policy, complaints policy, accommodation register (for under-18s and international learners), and staff training records on the Code.

Complaints Process

The Code requires every provider to have a two-stage complaints process (Outcome 3.2):

1. Stage 1: Internal resolution — The learner raises the issue with a designated staff member (e.g., student advisor, head of department). The provider must respond in writing within 10 working days.
2. Stage 2: Internal appeal — If the learner is not satisfied, they can appeal to a senior manager or independent panel. A decision must be given within 20 working days.

If the learner is still not satisfied, they can escalate to NZQA’s complaints team (for Code-related issues) or the Ombudsman (for administrative matters). Providers must inform learners of these external options in their complaints policy.

Self-Harm and Crisis Protocols

The Code explicitly requires providers to have clear protocols for responding to self-harm, suicidal ideation, and other mental health crises (Outcome 4.5). Your protocol should include:

• Immediate response — Who to call (e.g., campus security, 111 if immediate danger).
• Designated crisis contacts — At least two staff members trained in mental health first aid who can be reached 24/7.
• Referral pathways — Agreements with local DHB crisis teams, telehealth services (e.g., 1737, Need to Talk?), and after-hours counselling.
• Follow-up plan — A check-in process within 24 hours, and ongoing support (e.g., reduced study load, academic accommodations).
• Confidentiality and privacy — Information is shared only on a need-to-know basis, unless the learner is at imminent risk of serious harm.

All staff who interact with learners (academic, administrative, and support) must receive annual training on recognising signs of distress and how to refer to the crisis protocol. Keep training records for at least 3 years.

Frequently Asked Questions