“12. That the institution is failing, or is likely to fail, to achieve educational outcomes that are commensurate with the average sector performance in terms of meeting the needs of learners, employers and the communities it serves.” Source: Consultation Document - Two reviews of legislation for institutions at risk and the associated gazetted criteria. MOE and TEC. December 2009 (p.28) NB Not available online, but you can ask for it here.

So, under this criterion, every polytechnic that falls below the average is automatically at risk and may face interventions, including sacking of the Council. To be fair, I think they’ll probably fix it during editing!