National University of Samoa Act (Samoa)

National University of Samoa Act

Published: 2006

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rangement of Provisions

PART 1
PRELIMINARY
1. Short title and commencement
2. Interpretation
PART 2
THE UNIVERSITY
3. Establishment of the University
4. Legal Status of the University
5. The Functions of the University
6. Academic Freedom
PART 3
OFFICERS OF THE
UNIVERSITY
7. Chancellor 8. Pro-Chancellor 9. Deputy Chairperson 10. Vice-Chancellor 11. Deputy Vice-Chancellors 12. Term of Office
PART 4
THE UNIVERSITY COUNCIL
13. Council to be the Governing Body
14. Composition of Council 15. Criteria for Appointment to
Council
16. Functions of the Council 17. Duties of the Council 18. Powers of the Council 19. Powers of the Delegation 20. Council procedure
PART 5
COMMITTEES OF COUNCIL

21. Council may appoint committee
22. Executive Committee and Vice Chancellor’s
Committee
23. Establishment of the Senate, Academic Board and Joint
Committee
24. Functions of the Senate, Academic Board and Joint
Committee

PART 6
STATUTES AND
REGULATIONS

25. Statutes 26. Regulations

2006, No.2 National Universtiy of Samoa Act 35
PART 7
ASSETS AND FUNDS

27. Public Finance Management Act 2001
28. Funds of the University 29. Money to be paid into bank 30. Loan money to be paid into a
separate account
31. Proper accounts to be kept 32. Corporate Plan and Budget 33. Performance and
Management Report
34. Annual Report 35. Acquisition of land, etc 36. No liability for income tax

PART 8
TRANSITIONAL

37. Repeal of the National University of Samoa Act
1997 and Samoa Polytechnic
Act 1992/1993
38. Chancellor 39. Pro-Chancellor 40. Council Members 41. Interim Council 42. Membership of the Council: 43. Employment of staff 44. Vice-Chancellor 45. Corporate Plans 46. Savings of delegations 47. Statutes and regulations
Schedule 1
Schedule2

__________

2006, No. 2

AN ACT to merge the National University of Samoa and the
Samoa Polytechnic as one institution and to repeal the
National University of Samoa Act 1997 and the Samoa
Polytechnic Act 1992/1993. [1st March 2006]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:
PART 1
PRELIMINARY
1. Short title and commencement-(1) This Act may be
cited as the National University of Samoa Act 2006.
(2) This Act shall come into force by order of the Head of
State on the date specified in the Order.
36 National University of Samoa Act 2006, No.2

(3) Notice of the commencement of this Act shall be
published in both Samoan and English in the Savali and one
other newspaper circulating in Samoa.

2. Interpretation-(1) In this Act, unless the context
otherwise requires:
“Academic Board” means the Academic Board established
under section 23(2);
“Corporate Plan” means a plan as required by the Public
Finance Management Act 2001 and section 32;
“Centre” means a centre established under section 3(7) and
includes the Centre for Samoan Studies;
“Committee of the Council” includes the Senate, the
Academic Board, the Executive Committee, the Vice
Chancellor's Committee and any committee, board or
other body established under section 21;
“Council” means the Council of the University constituted
under section 13;
“Deputy Vice Chancellor” means one of the Deputy Vice
Chancellors appointed under section 11;
“Executive Committee” means the Executive Committee of
the Council established under section 22;
“Financial year” means a period of twelve (12) months
commencing on 1 July in any year and ending on 30
June in the following year;
“Institute” means an institute established under section 3(3)
and such other institutes as may be established pursuant
to section 3(2);
“Joint Committee of Senate and Academic Board” means
the committee established under section 23(3);
“Minister” means the Minister responsible for Education
from time to time;
“Officers” means the officers of the University, being the
Chancellor, Pro-Chancellor, Deputy Chairperson, Vice-
Chancellor and Deputy Vice-Chancellors, as described
in Part 3;
“President” means the President and Vice-Chancellor
appointed under section 10;
2006, No.2 National University of Samoa Act 37

“Pro-Chancellor” means the Pro-Chancellor of the
University appointed under section 8;
“Senate” means the Senate established under section 23(1);
“Statute” means any statute made under section 25;
“University” means the National University of Samoa
established by this Act; and
“Vice-Chancellor” means the Vice-Chancellor of the
University appointed under section 10.
(2) In this Act, a reference to the holder of an office in the
University shall be read as including a reference to a person for
the time being performing the duties of that office.
(3) Nothing in this Act prevents any person from being re-
appointed, re-elected or re-co-opted to any office under this Act
if the person is eligible and otherwise qualified to hold that
office.
(4) In this Act, a reference to a function includes a reference
to a power, authority and duty.

PART 2
THE UNIVERSITY

3. Establishment of the University-(1) This Act
establishes the National University of Samoa as an institution
combining the former National University of Samoa and the
former Samoa Polytechnic.
(2) The University shall comprise its students, academic
and non-academic staff, Council and officers and those
institutes, centres or other bodies established under this Act and
such other institutes or bodies as may be established by the
Council.
(3) This Act establishes the following institutes:
(a) This Institute of Higher Education; and
(b) The Institute of Technology
(4) The Institute of Higher Learning shall, at the
commencement of this Act, comprise the faculties and
departments of the former National University of Samoa, other
than the Centre for Samoan Studies, the Centre for Professional
and Continuing Education, NUS Consulting Ltd and the various
offices of the former University’s Administration.
38 National University of Samoa Act 2006, No.2

(5) The Institute of Technology shall at the commencement
of this Act comprise the schools and departments of the Samoa
Polytechnic, other than the various offices of the former
Polytechnic’s Administration.
(6) The University shall, at the commencement of this Act,
also comprise the Office of the Vice-Chancellor, the Centre for
Samoan Studies, the Centre for Professional and Continuing
Education, NUS Consulting Ltd and the various offices of the
University’s Administration.
(7) Council may from time to time, establish, disestablish,
modify or rename existing or new institutes, centres or other
bodies within the University, as provided in section 18(1).
4. Legal Status of the University-(1) The University is a
body corporate with perpetual succession and a common seal,
and shall be capable of entering into contracts, of acquiring,
holding and disposing of real and personal property, of suing
and being sued and of doing all other things as body corporates
may lawfully do.
(2) The common seal of the University is to be kept in such
custody as the Council may direct and is only to be affixed to a
document pursuant to a resolution of the Council or of the
Executive Committee.
(3) The University is a public body under schedule 4 of the
Public Finance Management Act 2001 and subject to the
requirements of that Act.
(4) The University. including any fully owned subsidiary of
the University, shall not be a public body under schedule 1 of
the Public Bodies (Performance and Accountability) Act 2001.
5. The Functions of the University - The functions of the
University, within the limits of its resources, are:
(a) The provision of education and training, including
academic, technical and vocational training and
continuing education at appropriate levels
responsive to the needs of the people of Samoa;
(b) The establishment of a centre of excellence in the
study of the Samoan language and culture and all
matters pertaining to Samoa;
2006, No.2 National University of Samoa Act 39

(c) The acquisition and transmission of knowledge by
teaching, consultancy, community learning and
research;
(d) The encouragement of intellectual independence;
(e) The promotion of the economic and social
development of Samoa; and
(f) The realisation of the goals and guiding principles of
the University as set out in its Corporate Plan.
6. Academic Freedom-(1) It shall be the responsibility of
the University to ensure that the principles of academic freedom
are preserved and enhanced.
(2) The principles of academic freedom include:
(a) The freedom of academic and teaching staff and
students within the law to question existing
knowledge and theories, to put forward new
ideas, and to state controversial or unpopular
opinions;
(b) The freedom of academic and teaching staff, and
students where appropriate, to engage in
research;
(c) The freedom of the University to appoint and retain
its own staff; and
(d) Subject to this Act and to the Corporate Plan:
(i) The freedom of the University to regulate the
courses, and the subject-matter of
courses, taught at the University; and
(ii) The freedom of the University to teach and
assess students in the manner it considers
best promotes learning.

PART 3
OFFICERS OF THE UNIVERSITY

7. Chancellor-(1) The Chancellor is the titular head of the
University and responsible for the conferment of degrees and
the award of diplomas and certificates.
(2) In the absence of the Chancellor, the Pro-Chancellor
shall confer degrees and award diplomas and certificates.
40 National University of Samoa Act 2006, No.2

(3) Subject to the provisions of this Act, the Head of State,
acting on the advice of Cabinet, shall appoint the Chancellor for
a term of five (5) years, and may be re-appointed from time to
time.
(4) Cabinet may remove the Chancellor from office for:
(a) the Chancellor’s failure or inability to adequately
perform the Chancellor’s duties;
(b) misconduct; or
(c) any other just cause
(5) Nothing in this section prevents the Head of State being
appointed as the Chancellor on the advice of Cabinet.

8. Pro-Chancellor-(1) The Pro-Chancellor shall be the
Chairperson of Council.
(2) Subject to the provisions of this Act, the Head of State,
acting on the advice of Cabinet, shall appoint the Pro-
Chancellor who shall hold office for a term of up to three (3)
years, and may be re-appointed from time to time.
(3) The Minister, before making a recommendation to
Cabinet on the appointment of a Pro-Chancellor, shall consult
the Council regarding that appointment.
(4) Cabinet may remove the Pro-Chancellor from office for:
(a) the Pro-Chancellor’s failure or inability to
adequately perform the Pro-Chancellor’s duties;
(b) misconduct; or
(c) any other just cause.

9. Deputy Chairperson-(1) The Deputy Chairperson of
Council shall chair the Council in the absence of the Pro-
Chancellor.
(2) The Council shall elect one of its members to be the
Deputy Chairperson for a term of up to three (3) years unless
that member resigns as Deputy Chairperson or ceases to be a
Council member.

10. Vice-Chancellor-(1) The Vice-Chancellor is the Chief
Executive Officer and President of the University and is
responsible to the Council for the management of the academic
and administrative affairs of the University.
2006, No.2 National University of Samoa Act 41

(2) Council shall appoint the Vice-Chancellor for a term of
up to three (3) years on such conditions as Council determines,
and may be re-appointed from time to time.
(3) The Council may remove the Vice-Chancellor from
office for:
(a) any breach of any of the Vice Chancellor’s
conditions of employment;
(b) the Vice-Chancellor’s failure or inability to
adequately perform the Vice-Chancellor’s duties;
(c) misconduct; or
(d) any other just cause.
(4) The Council shall delegate to the Vice-Chancellor the
power to employ, dismiss and discipline all staff of the
University, subject to any conditions Council imposes on the
delegation.

11. Deputy Vice-Chancellors-(1) There shall be two
Deputy Vice-Chancellors or such other number of Deputy Vice
Chancellors as may be provided by Council.
(2) The Deputy Vice-Chancellors are responsible to the
Vice-Chancellor for the management of the institutes and any
other matters delegated to them by the Council through the
Vice-Chancellor.
(3) The Deputy Vice-Chancellors are appointed for a term
of up to three (3) years on such conditions as the Vice
Chancellor determines, and may be re-appointed from time to
time.
(4) The Deputy Vice-Chancellors may also be appointed to
or continue to hold and discharge academic posts within the
University alongside their role as Deputy Vice-Chancellor.
(5) The Deputy Vice-Chancellors may attend Council as
observers and participate in discussion at the request of Council,
but may not vote.
(6) The Council may, upon the recommendation of the
Vice-Chancellor, remove any Deputy Vice-Chancellor from
office for:
(a) any breach of any of the Deputy Vice-Chancellor’s
conditions of employment;
42 National University of Samoa Act 2006, No.2

(b) the Deputy Vice-Chancellor’s failure or inability to
adequately perform the Deputy Vice-
Chancellor’s duties;
(c) misconduct; or
(d) any other just cause.

12. Term of Office – Where the term of any officer has
expired, the appointing body may agree that the officer to hold
office until such time as the officer’s replacement is appointed.

PART 4
THE UNIVERSITY COUNCIL

13. Council to be the Governing Body – The Council is
the governing body and Board of the University and all acts or
things done in the name of, or on behalf of, the University with
the authority of, or of a delegate of, the Council shall be deemed
to have been done by the University.

14. Composition of Council-(1) The Council shall
comprise of:
(a) the Pro-Chancellor;
(b) the Vice-Chancellor;
(c) a member of the Senate;
(d) a member of the Academic Board;
(e) a member of the academic or teaching staff
nominated by the Vice-Chancellor;
(f) a student of the University or a person who has been
a student of the University within one year of
becoming a member of Council and is not a
member of the staff of the University;
(g) the Chief Executive Officer of the Ministry of
Education, Sports and Culture (or the person for
the time being responsible for the administration
of the Ministry of Education) or the Chief
Executive Officer’s nominee;
(h) The Vice-Chancellor of the University of the South
Pacific or the Vice Chancellor’s nominee;
(i) Up to five (5) persons, not being full-time members
2006, No.2 National University of Samoa Act 43

of the staff or fun-time students of the
University, appointed by the Head of State,
acting on the advice of the Minister after
consultation with the Executive Committee or
Council; and
(j) Up to three (3) persons co-opted by the Council at its
discretion.
(2) The provisions set out in Schedule 1 shall govern the
terms of appointments to Council and vacation of office.

15. Criteria for Appointment to Council - The Minister,
in advising the Head of State under section 14(1)(i), and the
Council, in co-opting members of the Council under section
14(1)(j) shall have regard to representation on the Council of:
(a) Professional, commercial, industrial and other
interests in the community;
(b) Persons with expertise in management;
(c) Persons who provide a balance of age and gender;
(d) Any institution or body which has affiliated or
entered into association with, is co-operating
with or has been incorporated in, the University;
(e) The church education systems of Samoa;
(f) Graduates of the University;
(g) Residents of Samoa who are graduates of other
tertiary institutions; and
(h) Experienced academics from outside Samoa who
have a contribution to make to the deliberations
of the Council.

16. Functions of the Council - The functions of the
Council are:
(a) To ensure that the University performs the functions
set out in section 5;
(b) To approve drafts of the Corporate Plan and submit
them for approval under the provisions of the
Public Finance Management Act 2001;
(c) To ensure that the management of the University is
directed towards the implementation of its
Corporate Plan.
44 National University of Samoa Act 2006, No.2

17. Duties of the Council - The Council shall, in the
performance of its functions:
(a) Strive to ensure that the University attains the
highest standards of excellence in education,
training and research and, in particular that the
University becomes a centre of excellence in the
study of Samoan language and Samoan culture
and all matters pertaining to Samoa;
(b) Take the steps necessary to ensure that the
international academic community accepts the
University’s standards in education, training and
research;
(c) Ensure that the principles of academic freedom are
preserved and enhanced in accordance with
section 6;
(d) Seek to promote the economic and social
development of Samoa;
(e) Establish systems that ensure the responsible use of
public resources;
(f) Ensure that the University does not discriminate
against any person because of the person’s
descent, gender, language, religion, political or
other opinion, social origin, place of birth or
family status; and
(g) Maintain a concern for and protect the public
interest and the well being of students of the
University.

18. Powers of the Council-(1) Subject to this Act, the
Council has all the powers reasonably necessary to enable it to
perform its functions effectively.
(2) Unless they are exercised by delegation under this Act,
the following powers shall be exercised only by the Council:
(a) To provide programmes and courses of study or
training;
(b) To admit students and grant awards;
(c) To grant fellowships, scholarships, bursaries, or
prizes;
2006, No.2 National University of Samoa Act 45

(d) To consider any appeals in relation to the termination
of the appointment or discipline of academic and
other staff or students by the Vice-Chancellor;
(e) To accept gifts and bequests made to the University,
whether on trust or otherwise;
(f) To raise money and procure contributions to the
funds of the University;
(g) To authorise the making of grants out of the money
of the University to the Vice Chancellor, to the
members of staff or students of the University; or
to any association of staff or students, on such
terms and conditions as the Council thinks fit;
(h) To arrange for the provision (whether by sale or
otherwise) of goods and services to staff and
students of the University or other persons using
facilities of the University;
(i) To invest any funds belonging to or vested in the
University;
(j) To establish or participate in such trusts, companies
or other incorporated bodies, as it considers
appropriate to promote the objects and interests
of the University;
(k) To engage in the commercial development of any
discovery, invention or publication or of any
intellectual property in which the University has
a right or interest;
(1) To impose, fees, charges and fines;
(m) To establish or disestablish and maintain institutes,
centres, branches, colleges and other bodies of
the University, within the University and
elsewhere;
(n) To determine the terms and conditions under which
any institution or body may affiliate with the
University, enter into association or co-operation
with the University or be incorporated in the
University; and
(o) To do anything incidental to the exercise of any of
the powers conferred by this section.
46 National University of Samoa Act 2006, No.2

(3) Subject to subsection (2) and notwithstanding section
4(1), the Council shall not exercise the following powers
without the written consent of the Minister:
(a) To sell or otherwise dispose of University assets or
interests in University assets;
(b) To mortgage or otherwise charge University assets
or interests in University assets; and
(c) To grant or enter into leases of land or buildings or
parts of buildings belonging to the University.
(4) The University may borrow money, whether by way of
overdraft or otherwise, within such limits and on such
conditions as to security or otherwise as the Minister, acting on
the recommendation of the Chief Executive Officer of the
Ministry of Finance, may approve.
19. Powers of Delegation-(1) The Council may by
resolution, from time to time, either generally or particularly,
delegate to the Vice-Chancellor or to any committee of the
Council any of its functions under this Act (other than the
powers to appoint a Vice-Chancellor and to make statutes) or
any other Act.
(2) The Vice-Chancellor or any committee of Council may
delegate in writing the functions delegated to them by the
Council to a member of staff of the University or to another
committee.
(3) Subject to any general or special directions given or
conditions imposed by the Council or the Vice-Chancellor, as
the case may be, a committee of the Council or a member of the
staff of the University to which or to whom any functions are
delegated under this section may perform those functions in the
same manner and with the same effect as if they had been
conferred on the committee or member of the staff directly by
this Act and not by delegation.
(4) A delegation under this section does not affect or
prevent the performance of any function by the Council or the
Vice-Chancellor, as the case may be, or, affect the
responsibility of the Council or the Vice-Chancellor for the
actions of any person acting under the delegation.
2006, No.2 National University of Samoa Act 47

(5) A delegation under this section is revocable at will by
writing and, until it is revoked continues in force according to
its tenor.

20. Council procedure - The provisions set out in Schedule
2 shall govern the proceedings of the Council.

PART 5
COMMITTEES OF COUNCIL

21. Council may appoint committees-(1) The Council
may from time to time establish such committees, boards or
other bodies consisting of such persons, whether or not
members of the Council, as the Council determines to exercise
such powers as are delegated to them under section 19 or are
conferred on them by statute.
(2) The Vice-Chancellor shall be a member of all
committees, boards or bodies established by the Council.

22. Executive Committee and Vice Chancellor’s
Committee-(1) The Council shall establish an Executive
Committee of the Council to exercise such powers on behalf of
Council as are delegated by Council.
(2) The Executive Committee shall consist of not fewer
than eight members of the Council.
(3) The Council shall establish a Vice Chancellor’s
Committee to advise the Vice-Chancellor.
(4) The membership and functions of the Executive
Committee and the Vice Chancellor’s Committee shall be
prescribed by statute.

23. Establishment of the Senate, Academic Board and
Joint Committee-(1) The Council shall establish a Senate
consisting of the Vice-Chancellor, the Deputy Vice-Chancellor
(Higher Education) a representative of the Centre for Samoan
Studies and members of the staff and students of the Institute of
Higher Education as provided in the relevant statute.
48 National University of Samoa Act 2006, No.2
(2) The Council shall establish an Academic Board
consisting of the Vice-Chancellor, the Deputy Vice-Chancellor
(Technology) and members of the staff and students of the
Institute of Technology as provided in the relevant statute.
(3) The Council shall establish a Joint Committee of Senate
and the Academic Board consisting of the Vice-Chancellor, the
Deputy Vice-Chancellors, a representative of the Centre for
Samoan Studies and members of the Senate and Academic
Board as provided in the relevant statute.
(4) The Vice-Chancellor shall be the chairperson of these
committees, but may delegate the chair to the relevant Deputy
Vice Chancellors on each of the Senate and Academic Board.
24. Functions of the Senate, Academic Board and Joint
Committee-(1) The functions of the Senate and the Academic
Board are to:
(a) Advise the Council on matters relating to
programmes and courses of study or training,
awards and other academic matters within their
institutes; and
(b) Exercise powers delegated to them by the Council.
(2) The functions of the Joint Committee of Senate and
Academic Board are to:
(a) Advise Council on academic matters which affect
both institutes, and in particular to facilitate and
promote the ability of students from each
institute to transfer courses and accreditation
between institutes, to avoid duplication of
courses and to facilitate the movement of staff
between institutes; and
(b) Exercise powers delegated to it by Council.
(3) The Council shall not make a decision or statute in
respect of any academic matter referred to in subsection (1)
unless it has requested the advice of the Senate or Academic
Board and considered any advice given by the Senate or
Academic Board.
(4) Without derogating from the duties of the Council under
subsection (3), a decision or statute made by the Council is not
invalid merely because of a failure of the Council to comply
with that subsection.
2006, No.2 National University of Samoa Act 49

PART 6
STATUTES AND REGULATIONS
25. Statutes-(1) The Council may make such statutes, not
inconsistent with this Act, as may in its opinion be necessary or
expedient for the administration of the affairs of the University.
(2) Without limiting the generality of subsection (1), the
Council may make statutes with respect to:
(a) The management, good governance and discipline of
the University;
(b) The imposition, by or on behalf of the Council, of
penalties upon staff or students of the University
for the contravention of or failure to comply with
a statute with respect to a matter referred to in
paragraph (a);
(c) The constitution, functions and procedures of the
Executive Committee, Senate, Academic Board,
Joint Committee of Senate and Academic Board
and other committees established by the Council;
(d) The creation of institutes, faculties, schools,
departments, centres or other entities within the
University;
(e) The designation of members of staff of the
University as academic staff, teaching,
comparable, general, casual, full-time staff and
part-time staff or otherwise;
(f) The terms and conditions of employment of members
of the staff of the University;
(g) Admission to enrolment in and exclusion from
programmes or courses of study;
(h) The programmes and courses of study provided by
the University and procedures for the assessment
of student performance in those programmes and
courses of study;
(i) The degrees, diplomas, certificates or other awards
that may be granted by the Council and the
requirements for those awards;
(j) The grant of credits, cross credits and exemptions to
students of the University in respect of a course
50 National University of Samoa Act 2006, No.2

or courses which they have followed and
completed either at another institution or through
extension or distance education made available
for those awards;
(k) The provision of schemes of insurance,
superannuation or retirement benefits for, or in
respect of, the Vice-Chancellor or members of
the staff of the University; and
(l) Any other matter required or permitted by this Act to
be provided for by statute.
(3) If the Council makes a statute under subsection (2)(b)
providing for the imposition of penalties upon staff or students
of the University, the statute shall provide for the Council, if so
requested by a member of the staff or a student upon whom a
penalty is imposed, to review, or arrange for the review of the
imposition of the penalty, the amount of the penalty, or both.
(4) Any review system or procedure established under a
statute by the University in order to address a request made
under subsection (3) of this section shall be made in accordance
with the rules of natural justice.

26. Regulations-(1) A statute may empower the Council,
any committee of the Council or any officer of the University to
make regulations or rules (not inconsistent with this Act or any
statute) providing for the regulation of any matter with respect
to which a statute may be made, other than the imposition of
penalties under section 25(2)(b).
(2) Any regulation made pursuant to subsection (1) of this
section shall have the same force and effect as a statute, and
may, from time to time, be amended or repealed by the Council
or by the committee of the Council or the officer of the
University empowered to make those regulations.
(3) Any committee or officer of the University may also
promulgate rules, guidelines or policies which are not expressly
empowered by statute but which are not inconsistent with the
Act or any statute or regulation and which do not impose any
penalty.
2006, No.2 National University of Samoa Act 51

PART 7
ASSETS AND FUNDS

27. Public Finance Management Act 2001 - Part 13 of the
Public Finance Management Act 2001 shall apply to the
University

28. Funds of the University - The funds of the University
shall comprise:
(a) All money received by the University out of money
appropriated by the Legislative Assembly for the
purposes of the University;
(b) All money that may be donated, given or contributed
to the University or that may be otherwise
lawfully payable to the University;
(c) All money received by the University by way of fees
or otherwise in respect of the performance and
exercise of any of the functions of the
University; and
(d) All interest and other accumulations of money
belonging to the University.

29. Money to be paid into bank-(1) All money received
by the University shall, as soon as practicable after it has come
into the hands of the proper officer of the University, be paid
into such bank account or accounts of the University as the
Council may from time to time determine.
(2) No such money shall be withdrawn from the bank
except by authority of the Council and by cheques signed by an
employee of the University approved by the Council, and
countersigned by a member of the Council or by another officer
or employee of the University approved by the Council.
(3) In this section, “proper officer” means any person
nominated in writing by the Vice-Chancellor or the Vice
Chancellor’s delegate to handle all monies received by the
University from time to time.

30. Loan money to be paid into a separate account - All
money borrowed by the Council on behalf of or for the purposes
52 National University of Samoa Act 2006, No.2

of the University, other than money borrowed by way of
overdraft, shall be paid into a, separate bank account in the
name of the loan, and shall not be drawn out of the bank or
expended except for the specific purpose for which it was
borrowed.

31. Proper accounts to be kept - The Council shall:
(a) Cause to be kept proper accounts and records of the
transactions and affairs of the University in
accordance with the requirements of section 103
of the Public Finance Management Act 2001 or
any successor to that provision;
(b) Do all things necessary to ensure that the University
maintains adequate control over the assets of, or
in the custody of, the University; and
(c) Ensure that the incurring of liability is under
adequate control.

32. Corporate Plan and Budget - At the commencement
of this Act, the Vice-Chancellor shall prepare, for approval by
Council, a Corporate Plan and Budget in accordance with
section 92 of the Public Finance Management Act 2001 to be
submitted to the Chief Executive Officer of the Ministry of
Finance within 3 months before the end of the next financial
year.

33. Performance and Management Report-(1) The Vice
Chancellor shall prepare, for approval by Council, a
Performance and Management Report and financial statements
in accordance with section 104 of the Public Finance
Management Act 2001, to be submitted to the Minister and the
Minister of Finance within four months of the end of the
financial year.
(2) The accounts of the University shall include separate
profit and loss accounts, balance sheet and supporting
schedules, all of which shall be approved by the Council and
signed on behalf of the Council by the Pro-Chancellor or other
person designated by the Council.
2006, No.2 National University of Samoa Act 53

(3) The accounts of the University shall be audited by the
Controller and Chief Auditor of the Government of Samoa or,
with the consent of the Controller and Chief Auditor, by another
approved auditor.
(4) As soon as the accounts of the University have been
audited, the Council shall send a copy of the statement of
accounts, together with a copy of any report made by the
auditor, to Cabinet.
(5) The Minister shall cause copies of the audited statement
of accounts and any report made by the auditor to be laid before
the Legislative Assembly within twenty eight (28) days after the
receipt of a copy by the Minister if the Assembly is then in
session or, if not, within twenty eight (28) days of the next
ensuing session.

34. Annual Report-(1) In addition to the Performance and
Management Report, the Council shall, as soon as possible after
the end of each financial year, make a report to the Minister on
the operations of the University during that financial year,
including a statement of the extent to which the objectives set
out in the Corporate Plan have been achieved.
(2) The Minister shall cause copies of every such report to
be laid before the Legislative Assembly within twenty eight
(28) days after the receipt of the copy by the Minister if the
Assembly is then in session or, if not, within twenty eight (28)
days after the commencement of the next ensuing session.

35. Acquisition of land, etc-(1) Notwithstanding any
provision in any other enactment, the Land Board is hereby
authorised:
(a) To convey or transfer to the University, for the
purposes of this Act, a freehold estate in such
Government land as may be agreed upon
between the Government and the University,
together with any improvements thereon, upon
such terms as may be agreed upon between the
Government and the University; and
54 National University of Samoa Act 2006, No.2

(b) To grant to the University, for the purposes of this
Act, a lease over such Government land as may
be agreed upon between the Government and the
University, together with any improvements
thereon, upon such terms as may be agreed
between the Government and the University.
(2) Notwithstanding the provisions of any other Act, the
term of any lease granted under subsection (1)(b) shall expire
no later than eighty (80) years after the date on which the lease
commences.

36. No liability for income tax - The University’s income
howsoever acquired shall not be liable to income tax for the
purposes of the Income Tax Act 1974.

PART 8
TRANSITIONAL

37. Repeal of the National University of Samoa Act 1997
and Samoa Polytechnic Act 1992/1993-(1) The National
University of Samoa Act 1997 and Samoa Polytechnic Act
1992/1993 are repealed.
(2) The Council of the National University of Samoa and
Council of the Samoa Polytechnic, as constituted immediately
before the repeal of the above Acts, are dissolved.
(3) Subject to the provisions of this Act, the persons
holding office as members of the two Councils immediately
before the repeal of the Acts cease to hold office as members.
(4) In all other respects, the University is a continuation of
the National University of Samoa and the Samoa Polytechnic.
(5) All assets and liabilities of the National University held
pursuant to the National University of Samoa Act 1997 and
Samoa Polytechnic under the Samoa Polytechnic Act
1992/1993 are transferred to the National University of Samoa.
(6) Any appropriations or other income payable to the
National University of Samoa as constituted under the National
University of Samoa Act 1997 or the Samoa Polytechnic as
constituted under the Samoa Polytechnic Act shall be payable to
the University.
2006, No.2 National University of Samoa Act 55

38. Chancellor - Notwithstanding anything in this Act, the
present Head of State, being the person who immediately before
the coming into force of this Act held office as Chancellor ex
officio of the National University of Samoa:
(a) Remains Chancellor of the University; and
(b) Continues to hold office for a term of five (5) years
from the date of coming into force of this Act
(unless the current Head of State sooner resigns
or ceases to be Head of State).

39. Pro-Chancellor-(1) Notwithstanding anything in this
Act, the Minister, being the person who, immediately before the
coming into force of this Act, held office as Pro-Chancellor of
the National University of Samoa:
(a) Remains Pro-Chancellor of the University; and
(b) Continues to hold office for a term of three (3) years
from the date of coming into force of this Act
(unless the Pro-Chancellor sooner resigns as Pro-
Chancellor or ceases to be a Minister).

40. Council Members-(1) Those persons who, immediately
before the coming into force of this Act, were members of the
Council of the National University of Samoa under the National
University of Samoa Act 1997 or of the Samoa Polytechnic
Council under the Samoa Polytechnic Act 1992/1993 shall
cease to be members of the Council of the University and the
Samoa Polytechnic on the coming into force of this Act.
(2) Subsection (1) does not prevent any person who was a
member of either Council before the commencement of this Act
being reappointed, whether in the person’s existing capacity or
in another capacity, to the Council of the University under this
Act.

41. Interim Council-(1) For the purpose of enabling a
Vice-Chancellor to be appointed, an interim Council shall be
formed upon the passing of this Act but prior to its
commencement by Order of the Head of State.
(2) The Interim Council shall comprise:
56 National University of Samoa Act 2006, No.2

(a) The Pro-Chancellor;
(b) A nominee of the Senate under the National
University of Samoa Act 1997 to be nominated
by the Senate;
(c) A nominee of the Academic Board under the Samoa
Polytechnic Act 1992/1993 to be nominated by
the Academic Board;
(d) The Chief Executive Officer of the Ministry of
Education, Sports and Culture;
(e) The Vice Chancellor of the University of the South
Pacific; and
(f) Up to 5 persons appointed by the Head of State
acting on the advice of the Minister, having
regard to the criteria set out in section 15.
(3) The interim Council shall meet at such times and at
such places as may be determined by the Minister in writing
from time to time, provided that the first meeting of the interim
Council shall not be held later than one (1) month of this Act
being passed by Parliament.
(4) The procedure of any meeting of the Interim Council
shall be governed by such rules as may be determined by the
Interim Council from time to time.
(5) The interim Council shall be responsible for the
appointment of a Vice-Chancellor and matters incidental to the
bringing into force of this Act, but in all other respects the
Councils established under the National University of Samoa
Act 1997 and the Samoa Polytechnic Act 1992/1993 shall
continue to operate until this Act comes into full force and
effect.
42. Membership of the Council-(1) For the purpose only
of enabling the Council to be duly constituted on the coming
into force of this Act, the Minister may, by written notice, direct
that specified persons are to be members of the Council, each
such person to represent one of the following interests on the
Council until a corresponding member of Council is elected
under the provisions of a statute as provided in clause 1(c) of
the first schedule:
2006, No.2 National University of Samoa Act 57

(a) The Senate, to be represented by a member of the
academic staff who was a member of the Senate
immediately before the coming into force of this
Act;
(b) The Academic Board, to be represented by a member
of the academic staff of the Samoa Polytechnic
immediately before the coming into force of this
Act;
(c) The students of the University, to be represented by
a person who had been a student of the National
University of Samoa or the Samoa Polytechnic
within the preceding twelve (12) months and is
not a member of the staff of the University; and
(d) Those members of the interim council appointed by
the Head of State pursuant to section 41(2)(f).
(2) Any person appointed as a member of the Council under
subsection (1) shall not remain a member of the Council under
that subsection for a period longer than one (1) year unless that
person subsequently has been elected or appointed under the
relevant statute.

43. Employment of staff - A person who, immediately
before the commencement of this Act, was a member of the
staff of the National University of Samoa or the Samoa
Polytechnic shall, after that commencement, continue in the
employment of the University on the same terms and conditions
as those on which the person was employed immediately before
that commencement, until the person’s employment is
terminated or renewed in accordance with those terms and
conditions.

44. Vice-Chancellor-(1) Upon the passing of this Act, but
prior to its commencement by Order of the Head of State, the
interim Council of the University shall appoint a Vice-
Chancellor, as provided by section 10 of this Act.
(2) Until this Act comes into force and subject to any
decisions of the Interim Council, the Vice Chancellor appointed
under the National University of Samoa Act 1997 shall continue
to act as the Chief Executive Officer of the University.
58 National University of Samoa Act 2006, No.2

45. Corporate Plans-(1) The Council, within one year of
its first meeting, shall prepare and submit to the Minister for
approval a proposed Corporate Plan for the University which
shall relate to the activities of the Institutes, Centre for Samoan
Studies and other bodies of the University.
(2) Prior to the approval of a single new corporate plan, the
corporate plans and charters of both the former National
University of Samoa and the Samoa Polytechnic shall continue
in force, subject to such amendments as may be necessary for
the purpose of establishing the University and subject to any
amendments as may be proposed by Council and approved by
the Minister from time to time.

46. Savings of delegations - Any delegation made or taken
to have been made by the Council of the National University of
Samoa under the National University of Samoa Act 1997 or the
Samoa Polytechnic Act 1992/1993 is to be taken as a delegation
under this Act by the Council.
47. Statutes and regulations-(1) Any statutes or
regulations made or authorised by the Council of the National
University of Samoa under the provisions of the National
University of Samoa Act 1997 and the Council of the Samoa
Polytechnic under the Samoa Polytechnic Act 1992/1993:
(a) Continue in force as if they had been made by the
Council; and
(b) May be amended and revoked in accordance with
the provisions of this Act.
(2) Every action and decision of the Council or the Senate
of the National University of Samoa or the Council of the
Samoa Polytechnic which was made while the National
University of Samoa Act 1997 and Samoa Polytechnic Act
1992/1993 were in force shall be deemed to have been lawfully
and properly taken.

2006, No.2 National University of Samoa Act 59

SCHEDULE 1
(section 14(2))

COUNCIL
(APPOINTMENTS AND VACATION OF OFFICE)

1. Term of Appointment
(a) A member of the Council under section 14(1)(f)
shall hold office for a term not exceeding one (1)
year; and
(b) A member of the Council under section 14(1)(c),
(d), (e), (i) or (j) shall hold office for a term
between one (1) and three (3) years, as provided
in the appropriate statute or by the person or
body appointing that member.
(c) The appointment or election of members of the
Council under section 14(1) (c), (d), (e) and (f)
shall be in such manner as may be prescribed by
statute.
(d) A member of the Council appointed or elected under
section 14(1)(c), (d), (e) or (f) shall continue to
be a member until the successor of that member
is appointed, unless the member sooner vacates
office under clause 2 of this Schedule.
(e) A member of Council who holds office under
section 14(c), (d), (e), (f), (i) and (j) may be
reappointed for a maximum of three terms.

2. Vacation of office-(1) A member of the Council (other
than the Vice-Chancellor) may resign as a member by written
notice signed by the member and given to the Vice-Chancellor.
(2) A member of the Council who is representing the
Senate, Academic Board or academic and teaching staff of the
University under section 14(1)(c), (d), or (e) ceases to be a
member of the Council if that member ceases to be a member of
the staff of the University.
60 National University of Samoa Act 2006, No.2

(3) The Council may, by resolution, dismiss a member of
the Council (other than the Vice-Chancellor) as a member if the
member:
(a) Is declared bankrupt:
(b) Is sentenced to a term of imprisonment:
(c) Is absent without leave from three (3) consecutive
meetings of the Council; or
(d) Without reasonable excuse, fails to comply with
clause 2 of schedule 2 (disclosure of interest).
(4) The Vice-Chancellor shall send to a member of the
Council dismissed under subclause (3) a letter setting out the
terms of the resolution dismissing that member.

3. Casual Vacancies-(1) Subject to subclause (2), if a
member of the Council ceases to be a member before the end of
the member’s term of office, the vacancy shall be filled as soon
as practicable by the appointing body, and the new member
shall hold office for only the residue of the term for which the
vacating member was elected, appointed or co-opted as the case
may be, unless that person is subsequently reappointed or
elected as provided in clause 1(b) of this schedule.
(2) If a vacancy occurs within six (6) months before the end
of the member’s term of office, the Council may decide that the
vacancy need not be filled under this clause.

4. Proceedings of the Council not affected by vacancies,
etc - No act or proceeding of the Council, any committee of the
Council or any person acting as a member of the Council shall
be invalidated in consequence of there being a vacancy or
vacancies in the membership of the Council at the time of that
act or proceeding, or if there was some defect in the
appointment or qualification of any member of the Council, or a
defect in the convening of any meeting of the Council.

2006, No.2 National University of Samoa Act 61

SCHEDULE 2
(section 20)

COUNCIL
(MEETING PROCEDURE)

1. Meetings of Council-(1) The Council shall meet at least
twice in each calendar year.
(2) The Pro-Chancellor may call a special meeting of the
Council at any time and the Pro-Chancellor shall call a special
meeting on the requisition in writing of at least one-third of the
members of the Council.
(3) If there is no Pro-Chancellor or if for any reason the
Pro-Chancellor is not available, the Deputy Chairperson of the
Council has the powers and duties of the Pro-Chancellor under
this clause.
(4) At any meeting of the Council, a majority of the
members then holding office shall form a quorum.
(5) If neither the Pro-Chancellor nor the Deputy
Chairperson of the Council is present at a meeting, the members
present shall appoint one of their members to preside.
(6) Every question before a meeting of the Council shall be
decided by a majority of the votes of the members present at the
meeting and entitled to vote on that question.
(7) At any meeting of the Council the member presiding
has a deliberative vote, and, in the case of an equality of votes,
has a casting vote.
(8) Except as provided in this section, the Council shall
determine its own procedures.

2. Disclosure of interest-(1) A member of the Council or
of a committee of the Council who has an interest in a matter
being considered or about to be considered by the Council or
the committee, as the case may be, shall, as soon as possible
after the relevant facts have come to the member’s knowledge,
disclose the nature of the interest at a meeting of the Council or
of the committee.
62 National University of Samoa Act 2006, No.2

(2) A disclosure under subsection (1) shall be recorded in
the minutes of the meeting of the Council or the committee of
the Council and the member shall not, unless the Council
decides otherwise:
(a) Be present at any deliberation of the Council or the
committee with respect to that matter; or
(b) Take part in any decision of the Council or the
committee with respect to that matter.
(3) For the purposes of this section, a person has an interest
in a matter, if the matter relates to the conditions of service of
that person, or of a close relative of that person, or if that
person, or a close relative of that person has any other or
indirect pecuniary interest in the matter.

3. Circulation of Council Resolutions-(1) At the
discretion of the Pro-Chancellor or of the Executive Committee,
the Council may do anything that may be done by a resolution
passed at a meeting of the Council without a meeting by means
of a resolution signed by the number of members of the Council
specified in subsection (2).
(2) For the purposes of this section, a resolution must:
(a) Have been sent or delivered to all current members
at their last known address; and
(b) Not be addressed unless the Council has notified the
Vice-Chancellor in writing within two (2) weeks
of the resolution being sent or delivered that a
member opposes the resolution and that the
member wishes it to be discussed at a Council
meeting; and
(c) Be signed by a majority of the current members.
(3) For the purposes of this section, both notice of the
resolution and approval or disapproval of it may be transmitted
electronically provided adequate steps are taken to acknowledge
receipt and authenticity of the documents.

4. Fees and Allowances-(1) Members of the Council shall
be paid fees at such rates as the Council determines, subject to
any guidelines established by Government for public bodies.
2006, No.2 National University of Samoa Act 63

(2) Members of the Council may be reimbursed for any
expenses reasonably incurred by them in respect of their
attendance as members of the Council.

5. Personal liability – No member of the Council is
personally liable for any act done or omitted by the member of
the Council in good faith and in pursuance of the functions of
the University or of the Council.

__________
The National University of Samoa Act 2006 is administered in the
Ministry of Education, Sports and Culture