TERMS AND CONDITIONS
1. For the purposes of this Agreement the following terms shall
have the following meanings:
"Accommodation" means the residential accommodation provided to the Student pursuant to this Agreement.
"Accommodation Requirements" means the rules and requirements of the Accommodation as set out in Schedule One.
"Agreement" means this Accommodation Agreement between the Student, School, and Parents which governs the Student’s Accommodation arrangements.
"Application Form" means the standard enrolment application form.
"Code" means the Education (Pastoral Care of International Students) Code of Practice 2016 as updated from time to time and available online at www.legislation.govt.nz under Education (Pastoral Care of International Students) Code of Practice 2016.
"Contract of Enrolment" means the agreement between the Student, the School and the Parents which governs the Student’s Tuition.
"Homestay" has the meaning as set out in the Code.
"Parents" means the Parents referred to in the Application Form.
"Residential Caregiver" means the person responsible for the Student at the Accommodation.
"Residential Caregiver Agreement" means an agreement between the School and the Residential Caregiver.
"School" means the school referred to in the Application Form.
"Student" means the International Student residing at the Accommodation as referred to in the Application Form.
"Tuition" means the education of the Student at the School.
All other terms have the same meaning as in the Contract of
2. The School is a signatory to and complies with the Code. Unless living with a parent, every international student is required to reside at an Accommodation approved by the School using the process set out in the Code.
3. The Parents and Student agree to adhere to the following terms and conditions of the Accommodation:
(a) The School agrees that all information regarding the Residential Caregiver, the Parents and the Student relating to the Accommodation will be kept confidential, except disclosure:
(i) To the Student, the Parents or Residential Caregiver (as the case may be);
(ii) To any professional consultant or such person where it is in the interests of the Student to provide the information;
(iii) Pursuant to any statutory or other legal duty.
(b) The Parents agree that if behaviours or conditions of the Student emerge after placement with a Residential Caregiver such that the Residential Caregiver is unable to provide the level of accommodation or care required for the safety and wellbeing of the Student, the School may terminate this Agreement.
(c) The Parents or the Student have the right under thePrivacy Act 1993 to obtain access to and request corrections of any personal information held by the School concerning them in relation to the Student’s placement with a Residential Caregiver.
(d) Under the Privacy Act 1993, any information collected may be provided to education authorities.
(e) These terms and conditions may be varied by the School (acting reasonably) upon reasonable notification from time to time and will continue to apply until notified otherwise.
4. If the Parents provide misleading information or fail to disclose information about the Student prior to placement with the Residential Caregiver and during the term of the Homestay the School may (in its sole discretion):
(a) Charge the Parent such fees as required to adequately compensate for additional requirements due to providing misleading information or the lack of disclosure; or
(b) Terminate this Agreement.
5. The initial appointment and ongoing engagement of the Residential Caregiver is subject at all times to:
(a) the Residential Caregiver and the School entering into a Residential Caregiver Agreement; and
(b) the School’s usual requirements and policies in relation to the Accommodation.
6. The School will ensure that to the best of its ability:
(a) The Accommodation provides a safe, positive and healthy environment for the Student and complies with the Code;
(b) The Residential Caregiver’s appointment has not involved any form of gift (financial or otherwise) to or from a third party;
(c) The appointment of the Residential Caregiver does not represent any actual or perceived conflict of interest, and that any possible conflict of interest has been notified to the School;
(d) The Residential Caregiver will take all reasonable steps to ensure the Student’s compliance with New Zealand laws (including, where appropriate, informing the Student of such laws), and will immediately report any possible legal breach to the School; and
(e) The Student only engages in lawful, responsible and positive recreational activities outside of School.
7. Unless otherwise agreed in writing by the parties, the Parents provide consent to the Student’s Homestay or Residential Caregiver (where applicable) for the Student to undertake supervised leisure travel and overnight stays within New Zealand for a period of not more than seven days where the leisure travel or stay does not involve the Student participating in any adventure activities or extreme sports or result in the Student missing any scheduled school days.
8. The School will seek specific written consent from the Parents for leisure travel or overnight stays of more than seven days or results in the Student missing any scheduled school days.
9. The Student shall seek specific written consent from the School before the Student, being a Student of any age, participates in any activities while in the care of the Student’s Homestay or Residential Caregiver (where applicable) which are considered to be adventure activities or extreme sports. The School shall only give such Consent where approved by the Parents in terms of the Contract of Enrolment.
10. The School may take such measures as it considers appropriate (acting reasonably) to monitor compliance with the Code. This may include, without limitation, regular check-ins with both the Student and the Residential Caregiver.
11. Unless otherwise agreed in writing, the Student will be entitled to commence their Homestay at the Accommodation 5 days prior to the Period of Enrolment (as that term is defined in the Contract of Enrolment) commencing and 5 days following the end date of the Period of Enrolment (as that term is defined in the Contract of Enrolment). Should this Agreement be terminated prior to the expiry of the Period of Enrolment the Student will be required to vacate
the Accommodation immediately. The School may, at its sole discretion, and without any obligation on it to do so, extend the time for the Student to vacate the Accommodation. Any such extension shall be given in writing and shall be without prejudice to the School’s right to later insist that the Student immediately vacate the Accommodation.