Unitec weighs up legal action in uni struggle

By STUART DYE

One of the country's top-ranked polytechnics is considering legal action against the Government in its fight to be recognised as the country's ninth university.

Unitec has been battling since 1996 to join the eight elite tertiary institutions.

But it claims it has been scuppered at every attempt by a Government determined to prevent a fair and open assessment.

The latest spoiler came on Friday when Associate Education Minister Steve Maharey tabled the Education (Establishment of Universities) Amendment Bill.

It allows the minister to decide whether an institution should be measured against university criteria without an actual assessment taking place.

"This step is being taken to streamline the processes so that valuable resources are not wasted," said Mr Maharey.

Unitec first applied for redesignation in 1996 and renewed its application in 1999, but it has never been processed.

Chief executive John Webster said it was the third time in four years the Government had drafted legislation designed to block Unitec from assessment.

"If it weren't such a waste of public funds, and so patently unjust, the way the Government has acted would be humorous," he said.

"The process adopted by the Government has been unfair and, we have been advised, unlawful."

Unitec did not want to take court action, but "our council has a statutory obligation to act in the best interests of our students, and we will have to consider all our options", said Dr Webster.

Unitec's application got as far as the formation of a Qualifications Authority-appointed international assessment panel in May 2000, but two weeks before the visit the Government introduced the Education (Limiting the Number of Universities) Bill.

Though the bill never made it into law, Unitec is still waiting to be assessed. Legislation was passed in 2002 providing that, as well as an institution having to demonstrate that it meets the criteria for university status, the minister must be satisfied that its redesignation would be in the national interest.

The new legislation means Mr Maharey has the power to decide in advance whether an assessment can take place.

Dr Webster says Unitec meets the criteria for university status so comfortably that, after an assessment, it would be hard for Mr Maharey to turn it down.

The minister said Unitec's case would still be considered if it wished, but "it will need to be done under the new procedures with issues of national interest addressed first".

He said current legislation meant the Qualifications Authority was potentially wasting a great deal of time and money considering whether an organisation should become a university, when it was clear the proposal was not in the national interest.

The issue had been highlighted by Unitec's request to be reclassified as a university, said Mr Maharey.

Unitec is one of the largest tertiary institutions in the country, with about 5800 equivalent-fulltime students in its higher-education divisions - much larger than Lincoln University - and 4500 in its sub-degree division. It rated 12th of all tertiary institutes in the Performance-Based Research Fund rankings released this year and claims to have matured into a "world-class university of technology".

But it is often seen as the poor cousin to universities and some have welcomed the new legislation.

The Vice-Chancellors Committee, which represents the country's universities, said the distinctive characteristics of universities needed to be maintained to protect established standards and New Zealand's reputation as a provider of international standing of university education.

"What this country needs is a greater level of investment in the existing universities, not more universities," said committee chairman Professor Stuart McCutcheon.

He said it was a not about blocking Unitec per se. Other institutions were also seeking assessment for university status.

"Our position is that any organisation must meet the requirements of the Education Act, such as most of the teaching must be done by people involved in research."

He said the Research Fund rankings showed that was not the case at Unitec.

Timeline

1995: Unitec lodges application for university status.

1996: Application suspended until guidelines on assessment are developed.

1999: Under new guidelines Auckland Institute of Technology achieves university status.

August 1999: Unitec lodges application for assessment.

May 2000: Application formally suspended with introduction of Education (Limiting Number of Universities) Amendment Bill 2000.

July 2000: Bill is deferred.

March 2001: Tertiary Education Advisory Commission recommends no change to the criteria that define a university.

July 2001: Unitec lodges application.

2002: Application suspended with introduction of Education Amendment Bill requiring becoming a university to be in the national interest.

May 2003: Education (Limiting Number of Universities) Amendment Bill 2000 is discharged.

August 2003: Unitec signals its intent to reactivate its application.

September 2004: Government tables Education (Establishment of Universities) Amendment Bill.