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Student Loan Scheme Act 2011

Interest, relief, penalties and offences, rights of objection, and rights to challenge - Dispute procedures and rights to challenge - Rights to challenge and challenge procedures

176: Challenge to decision concerning treating borrowers as being physically in New Zealand

You could also call this:

“You can question decisions about your physical presence in New Zealand for student loan purposes”

You can challenge a decision made by the Commissioner about treating you as being physically in New Zealand. Here are the reasons you can challenge:

If the Commissioner decides not to treat you as being physically in New Zealand under section 25, you can challenge this if you think it’s not fair and reasonable.

You can challenge if the Commissioner says you don’t meet a condition in clauses 2 to 10 of Schedule 1, and you think this decision is wrong.

If the Commissioner sets start and end dates for when you’re treated as being physically in New Zealand under section 27(b)(i), you can challenge these dates if you think they’re not fair and reasonable, or if they’re wrong.

You can also challenge the conditions the Commissioner sets for treating you as physically in New Zealand under section 27(b)(ii). You can do this if you think these conditions aren’t fair and reasonable, or if they’re wrong.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3180368.

Topics:
Money and consumer rights > Banking and loans Education and learning > Higher education
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Part 4 Interest, relief, penalties and offences, rights of objection, and rights to challenge
Dispute procedures and rights to challenge: Rights to challenge and challenge procedures

176Challenge to decision concerning treating borrowers as being physically in New Zealand

  1. A borrower may challenge a decision by the Commissioner—

  2. not to treat the borrower as being physically in New Zealand under section 25 on the ground that that decision is not fair and reasonable:
    1. that a condition in any of clauses 2 to 10 of Schedule 1 is not satisfied by the borrower on the ground that that decision is erroneous:
      1. concerning the start and end dates for the period for which the borrower is treated as being physically in New Zealand under section 27(b)(i) on the ground that those dates are—
        1. not fair and reasonable; or
          1. erroneous:
          2. concerning the conditions that must apply or be met in order for the borrower to be treated as being physically in New Zealand under section 27(b)(ii) on the ground that those conditions are—
            1. not fair and reasonable; or
              1. erroneous.

              Compare
              Notes
              • Section 176(a): amended, on , by section 71 of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).