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• 7.   Conflict of interest
• 8.   Security
• 9.   Audit and monitoring
• 10.   Notice of defects
• 11.   Notification of changes to conditions of approval or course requirements
• 12.   Health and safety
• 13.   Revocation of approval
• 14.   Appeal provisions
• 15.   Return of property on revocation
• 16.   Service of notices

7.   Conflict of interest

7.1  The provider shall ensure that neither they, nor any of their employees, contractors or agents, carry out any other work or undertake any activities that may conflict with or adversely affect the proper performance of their responsibilities under this document or compromise their role as provider.

7.2  In particular the provider shall ensure that neither they, nor any of their employees, contractors or agents either directly or indirectly seek or accept any gift, benefit, privilege or concession from any trainee or person in any way connected with a trainee.

7.3  Where any gift, benefit, privilege or concession is offered by a trainee at any time, the provider shall immediately inform the nearest Transport Agency regional office. If the offer is made during a course being conducted by the provider, the involvement of that individual in the course must cease immediately and the Transport Agency advised accordingly.

7.4  The provider shall also refrain from any financial interest or undertaking that may interfere with or compromise the performance of the provider's responsibilities. The provider shall advise the Transport Agency of any involvement by the provider, or in the case of an organisation, its directors and shareholders and/or its employees, contractors or agents where it is known or ought to be known that any financial undertaking has the potential to conflict with the performance of its responsibilities.

7.5  For the avoidance of doubt the parties agree that the provider may conduct courses for any trainee who is an employee, contractor, or agent of the provider providing such courses do not conflict with or adversely affect the proper performance of the provider's responsibilities.

7.6  Under no circumstances shall the provider conduct courses for immediate family members nor shall the provider allow any employee, contractor, or agent to conduct courses for their immediate family members (see definitions ).

7.7  When the provider becomes aware that any situation specified above may occur, or may have occurred, the provider shall advise the Transport Agency immediately in writing.

8.   Security

8.1 The provider shall take all reasonable steps to ensure that the courses are conducted in a proper manner and are not compromised in any way by cheating, impersonation of trainees, or in any other manner. This shall be achieved by the provider verifying the trainee’s identity prior to the course commencing and supervising written assessments at all times.

8.2 The provider shall ensure that no course assessment questions and/or answers are made available to trainees prior to the assessment being conducted. Furthermore, the provider shall also ensure that
the course assessment questions are not copied or removed from the assessment venue by trainees.

9.   Audit and monitoring

9.1 The Transport Agency may in writing require any provider to undergo an audit where the Transport Agency reasonably considers it necessary in the interests of land transport safety. In such cases the provider shall permit the Transport Agency to enter the premises of the provider, including any training or assessment venue, and:

1. audit or inspect any course related documents or other related material held by the provider in paper, electronic or any other form whatsoever; and
2. observe or monitor activities or work carried out by the provider in connection with the provision of approved driver licensing courses.

9.2  Where any duly authorised employee, agent or representative of the Transport Agency makes a written or verbal request for copies of any documents, records, information or other material held by the provider in relation to the provision of approved driver licensing courses, the provider shall provide such copies to the Transport Agency within the specified timeframe.

9.3  Notwithstanding clause 9.1 of this document, any duly authorised employee, agent, or representative of the Transport Agency may, with or without prior notice to the provider, but at reasonable times, carry out inspections at or visits to any course venue of the provider in order to determine or ensure compliance with the conditions of this document, appropriate legislation and any other relevant requirements.

9.4  The provider shall comply with any instructions made in writing by the Transport Agency to the provider arising out of any audit under section 198 of the Act.

9.5  The provider shall use its best endeavours, and shall provide all such assistance as may be necessary, to facilitate any duly authorised employee, agent or representative of the Transport Agency in respect of any audit requirements specified in this document.

9.6  The provider shall retain the completed trainee course documentation for a minimum of 18 months from the date the course was completed. The course documentation shall support any decision the assessor has reached regarding the trainee’s eligibility to receive a course completion certificate.

10.   Notice of defects

10.1 Where the Transport Agency is satisfied that the provider is not maintaining acceptable standards in respect of conducting any approved driver licensing course in accordance with this document, appropriate legislation, approved course content or any other relevant requirement, the Transport Agency may give the provider notice in writing to rectify any defects.

10.2  Where any notice is given under clause 10.1 the provider shall rectify any defects specified in that notice within the time specified in that notice or, if no such time is specified, within a reasonable time.

10.3  Not withstanding clause 10.1 , where the defects identified are of a serious nature, the Transport Agency reserves the right to:

1. direct the course provider to cease conducting approved driver licensing courses until such time as the Transport Agency is satisfied that the defects have been rectified; or
2. take immediate revocation action in relation to any course provider approval(s) in the interests of public safety (see section 13 - Revocation of approval ).

11.   Notification of changes to conditions of approval or course requirements

The Transport Agency may from time to time notify providers of changes in relation to this document and/or approved course requirements. Upon notification of such changes the course provider shall implement and comply in accordance with the notification. Notification of changes will be deemed to be served in terms of section 16 of this document.

12.   Health and safety

12.1  The provider is to ensure that the courses conducted in accordance with this agreement are done in a manner that:

1. will avoid harm to themselves or to any other persons
2. complies at all times with the requirements of the Health and Safety at Work Act 2015.2016.

12.2  The provider shall ensure that all generally recognised safety procedures are adhered to, and appropriate safety checks on all equipment or vehicles used by the provider are carried out.

12.3  Where the provider fails to comply with the requirements of health and safety legislation, the Transport Agency reserves the right to revoke the provider's approval as specified in clause 13 below.

13.   Revocation of approval

The Transport Agency may revoke a provider's approval under clause 103 of the Land Transport (Driver Licensing) Rule 1999 by notice in writing should the following arise:

1. The Transport Agency is satisfied that through the actions or non-actions of the provider (or any person acting as a contractor, employee, or agent to the provider in conducting the course), the provider has ceased to meet the requirements of clause 100 (a) in that they not possess the appropriate skills, training, or experience to conduct the approved driver licensing course(s) as per clause 103 (c) of the Land Transport (Driver Licensing) Rule 1999.
   
   Examples that may result in the Transport Agency making this determination include (but are not limited to) situations where:
   1. the provider fails to maintain a standard of competency that the Transport Agency considers appropriate; or
   2. the provider acts inappropriately or illegally, or
   3. the provider breaches any condition of the provider's approval, or
   4. the provider compromises the integrity of the driver licensing system, or
   5. the provider commits a breach of the health and safety requirements in terms of the Health and Safety at Work Act 2015,2016, or
   6. in the case of a provider approved as an individual to conduct courses; the provider ceases to be a registered ITO assessor, or ceases to hold the appropriate course unit standards on their ITO assessor registration scope; or
   7. in the case of a provider approved as an organisation to conduct courses; the sole assessor conducting courses within the organisation ceases to be a registered ITO assessor, or ceases to hold the appropriate course unit standards on their ITO assessor registration scope, or
   8. in the case of a class 2–5 practical course requirement the individual provider or assessor (in the case of an approved organisation) ceases to hold the appropriate class of driving licence and/or driving instructor endorsement, or
   9. the provider conducts less than 10 Transport Agency courses within a 12 month period (this provision will not apply in circumstances where the provider can provide an explanation acceptable to the Transport Agency for the low number of courses being conducted).
2. The provider ceases to meet the requirements described in paragraph (b) of clause 100 of the Rule, in that where the provider is an organisation, there is no longer a recorded organisational structure in which accountability is clearly defined.
3. The provider fails to comply with any instruction arising out of any audit under section 198 of the Act or fails to comply with a notice of defects issued under clause 10.1 of this document.
4. The provider fails to implement or comply with any notification of changes to conditions of approval or course requirements notified under clause 11 of this document.
5. The provider fails to comply with a requirement made in writing by the Transport Agency to the provider arising out of an audit under section 198 of the Act.
6. The provider ceases to carry on business, or where the approved provider is an organisation and there has been a change in the ownership affecting control of the provider (unless such change is previously approved in writing by the Transport Agency), or the provider commits any act of bankruptcy or goes or is put into receivership or liquidation, or is wound up or is dis-established, or where a meeting is called for the purpose of considering appointment of a liquidator.
7. Where an assessor voluntarily surrenders their assessor registration to the ITO (or a specific course unit standard from their assessor registration scope), it will also be deemed to be the surrender of any relevant Transport Agency approval held to conduct approved driver licensing courses.
8. The provider fails to make payment ot the Transport Agency of any monies owing and the amount outstanding remains unpaid for more than 3 months.

14.   Appeal provisions

Where the Transport Agency has revoked the provider's approval, the provider has the right to appeal this decision through the District Court in accordance with section 106 of the Land Transport Act 1998.

15.   Return of property on revocation

Where the Transport Agency has revoked the provider's approval, the provider shall within seven days of the date of notification of this decision, return any unused course completion certificates to the nearest Transport Agency regional office. The provider will receive a full refund for the cost of the returned certificates.

16.   Services of notices

Any notice required to be given under this document shall be sufficient if in writing and delivered personally or sent by post or sent by electronic means to the email address or facsimile number of the provider. Any such notice shall be deemed given upon personal delivery or sending of the electronic transmission or two days after mailing by standard post.

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Page updated: 30 March 2015