31 January 2020
Mr Robert McKenzie
[FYI request #12032 email]
Dear Mr McKenzie
Thank you for your request made under the Official Information Act 1982 (the OIA),
received on 14 January 2020. You requested the fol owing:
Question 1
How many people have now been arrested under the student loan arrest at
boarder policy?
Question 2
a) What is the actual charge?
b) When the person is arrested, are they fingerprinted and photographed as
per normal arrest process?
c) Does the arrested person have a criminal conviction after the process? Or
is the process actual y treated as a civil matter in the courts?
d) If so, why then are they arrested and held in a cell?
Question 3
a) Are student loans actual y loans?
b) If so, why is there no statute of limitations on the "loans"?
On 16 January 2020, we informed you that questions 2b and 2d had been transferred to
the New Zealand Police for response. New Zealand Police has 20 working days from receipt
of the transfer to make a decision on your request.
Question 1. How many people have now been arrested under the student loan arrest at
boarder policy?
As at 15 January 2020, nine people have been arrested under the arrest provisions set out
in the Student Loan Scheme Act 2011 (the Act).
Question 2a. What is the actual charge?
A borrower does not have to be charged with an offence to be subject to arrest. The arrest
occurs following the issue of a warrant to arrest under section 162B(1) of the
Act. Independent of the warrant to arrest, a borrower may be charged with an offence
under section 162A of the Act.
Question 2c. Does the arrested person have a criminal conviction after the process? Or
is the process actual y treated as a civil matter in the courts?
If a person is charged with the offence under section 162A of the Act, a criminal conviction
may be entered as per the normal criminal procedure. Where a person is not charged,
there will be no criminal conviction. The process under section 162B of the Act is a civil
matter.
Ref: 20OIA1207
IN CONFIDENCE
Question 3a. Are student loans actual y loans?
Yes. Part 2 of the student loan contract outlines the full terms and conditions of the loan.
A borrower is responsible for the loan, which is governed by the laws of New Zealand, and
Inland Revenue may take action against them for offences committed under either the
Crimes Act 1961 or the Student Loan Act 2011.
Question 3b. If so, why is there no statute of limitations on the "loans"?
There is no limitation on recovery by virtue of section 193 of the Student Loan Scheme
Act 2011 and section 163 of the Tax Administration Act 1994.
Thank you for your request. I trust that the information provided is of assistance to you.
Yours sincerely
Sharyn Rea
Segment Management Lead - Individuals
Ref: 20OIA1207
IN CONFIDENCE
