Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021

Tertiary pastoral care obligations in New Zealand

Every tertiary provider in NZ — universities, ITPs, wānanga, and PTEs — must comply with the Pastoral Care Code. Here are the key obligations for learner wellbeing, accommodation, and international students.

📋 Pastoral Care Code 2021 — In force since 1 January 2022, audited by NZQA

Who must comply?

All tertiary providers and providers enrolling international learners

The Code applies to all tertiary education organisations (TEOs) including universities, institutes of technology and polytechnics, wānanga, and private training establishments — and to all providers enrolling international learners regardless of type. Providers must be audited against the Code by NZQA (for domestic providers) or the International Education Appeals Authority.

Core provider obligations (Clause 8)

Every provider must:

  • Have a documented and implemented pastoral care system
  • Ensure learners are informed of all available support services
  • Actively identify learners who may be at risk and respond promptly
  • Ensure staff are trained and competent in pastoral care
  • Have an accessible, fair, and confidential complaints process
  • Maintain accurate records of pastoral care activities

Wellbeing and safety (Clause 9)

Promoting learner wellbeing

Providers must take all reasonable steps to promote learner wellbeing and safety, including:

  • Physical safety on campus and in accommodation
  • Psychological wellbeing and mental health support
  • Freedom from harassment, bullying, and discrimination
  • Safe and accessible reporting channels
  • Support for learners who disclose abuse or assault

Identifying at-risk learners (Clause 16)

Proactive identification — not just response

Providers must have documented processes to:

  • Identify learners who may be at risk of harm to themselves or others
  • Respond promptly and appropriately to identified risk
  • Refer to appropriate professional support
  • Follow up to monitor wellbeing

Indicators of risk include: withdrawal from classes, sudden change in behaviour, expressed distress, disclosed personal crisis, non-attendance, financial hardship, and third-party welfare concerns.

Critical incidents (Clause 17)

Must have a critical incident response plan

A critical incident is any event that seriously affects the wellbeing of one or more learners — including serious injury, death, sexual assault, natural disaster, or significant on-campus event.

Providers must:

  • Have a written critical incident response plan
  • Respond promptly to any critical incident
  • Notify appropriate authorities (police, emergency services)
  • Support affected learners and staff
  • Review the response afterwards and update procedures

Accommodation obligations (Clauses 18–19)

Provider-managed accommodation

Where a provider operates or endorses accommodation:

  • Accommodation must be safe, suitable, and meet all building and health standards
  • Residents must have access to pastoral support 24 hours a day
  • Residential staff must be trained in pastoral care and know escalation procedures
  • There must be on-call support available at all times

International learner obligations (Clauses 20–22)

Additional requirements for international students

Providers enrolling international learners must additionally:

  • Verify learner wellbeing and safety at the start of their studies
  • Ensure learners understand their rights in New Zealand
  • Have processes for learners whose visa status is affected
  • Notify the Tertiary Education Commission if an international learner cannot be contacted within 5 working days of their expected arrival
  • Conduct regular welfare check-ins

Homestay accommodation (Clause 21)

Providers placing learners in homestay must:

  • Verify the suitability and safety of every homestay provider
  • Have written agreements with homestay providers
  • Conduct regular wellbeing check-ins with learners in homestay
  • Have a process for urgent relocations where safety concerns arise
  • Respond within 24 hours to any homestay safety concern

Complaints process (Clause 25)

Must be accessible, free, fair, and confidential

Every provider must have a complaints process that is documented, accessible to all learners (including in multiple languages where appropriate), free to use, timely, and capable of providing remedies. External complaints can be made to:

  • iStudent Complaints — for international learners (istudent.org.nz)
  • NZQA — for domestic learners at PTEs
  • The Office of the Ombudsman — for learners at public providers

Audit and compliance

Regular external review

Providers must conduct an annual self-review against the Code. External audit by NZQA or IEAA occurs at least every 5 years, or more frequently if concerns are identified. Non-compliance can result in conditions on registration, suspension, or revocation of accreditation.

Source: Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021. NZQA guidance at nzqa.govt.nz. TEC information at tec.govt.nz. This is general information, not legal advice.

Frequently asked questions

What is the difference between the Pastoral Care Code and the International Student Contract?
The Pastoral Care Code sets minimum wellbeing obligations for all tertiary providers. The International Student Contract (previously called the Code of Practice for the Pastoral Care of International Students) applied to international learners specifically. The 2021 Code replaced both frameworks with a unified set of obligations.
Who audits compliance with the Pastoral Care Code?
NZQA audits domestic tertiary providers. The International Education Appeals Authority (IEAA) handles complaints from international learners. ERO may also review providers that have schools as well as tertiary programmes.
Do we need to report every welfare concern to TEC?
No. The TEC notification requirement is specific: you must notify TEC if an international learner has not been contactable within 5 working days of their expected arrival. Other welfare concerns are managed through your own pastoral care system, and serious incidents may need to be notified to NZQA.
What support services must we provide under the Code?
The Code requires access to health services (on-site or by referral), counselling, mental health support, disability support, financial advice and hardship support, and academic support. For international learners, you must also provide language support and information about NZ systems and rights.
How should we respond when a student discloses sexual assault?
Respond immediately, take the disclosure seriously, and follow your critical incident protocol. Ensure the student is safe and offer immediate support. Do not pressure them to make a formal complaint. Notify your critical incident response team. You may have reporting obligations if the alleged perpetrator is a staff member or poses an ongoing risk to other students. Get legal advice on reporting obligations specific to your situation.

Tertiary providers: give your staff instant access to your pastoral care procedures

Workstep lets your RAs, student support staff, and academic advisors ask pastoral care questions and get answers from your procedures and the Code — with exact clause references, at any hour.

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