Early Learning Regulatory Review

Learn about the Ministry of Education’s comprehensive review of the early learning regulatory system.

Level of compliance Main audience Other

Inform

  • All Early Learning Services
  • Service Managers
  • Educators, Teachers and Kaiako

The Early Learning Regulatory Review may result in changes being made to how the early learning sector operates.

About the review

The Ministry of Education is currently reviewing the early learning regulatory system (the review).

The review is being undertaken in 3 tranches. The final regulations for tranche 1 were announced on 14 July 2021. The main aim of tranche 1 was to address some of the immediate gaps in our current system including those that pose a risk to children’s health, safety and wellbeing.

The changes in this tranche mostly impact new early learning services, service providers that have a change in circumstance and services that have compliance issues.

Tranche 2 and 3 of the review cover more complex areas that require more policy work. This includes addressing several commitments in the Early Learning Action Plan 2019–2029 and the Review of Home-based Early Childhood Education.

Tranche 3 is likely to include a complete rewrite of the Education (Early Childhood Services) Regulations 2008 (the regulations).

Early Learning Action Plan 2019–2029 – Kōrero Mātauranga(external link)

Review of Home-based Early Childhood Education – Kōrero Mātauranga(external link)

Why we are doing the review

The purpose of the review is to ensure the regulatory system is clear and fit for purpose to support high quality educational outcomes for our youngest tamariki.

It is also designed to enhance the Ministry’s role as regulator and steward of the system. It is timely to review the regulations for early learning, as the early learning sector has changed significantly since the regulations came into force in 2008.

The number of children participating in early learning has increased, and children are participating at younger ages and for longer hours. This has led to a rapid expansion of early learning services with different levels of growth between service types.

For more information about the review, please see these proactively released documents.

Information releases – Early Learning Regulatory Review

Tranche 2 overview

We have consulted on the following tranche 2 proposals.

  • Implementing the new network management function under the Education and Training Act 2020: Changes relating to early childhood education (ECE) and ngā kōhanga reo. For more updated information on this, see the network management page.
  • Changes to home-based ECE from the Review of Home-based Early Childhood Education, including regulatory changes to educator qualification requirements and proposals on the role of co-ordinators and the maximum licence size.
  • Regulating for 80% qualified teachers for teacher-led centres and hospital-based services.
  • Strengthening the person responsible requirement for teacher-led centres and hospital-based services.

Network management

Education and Training Act 2020: Changes relating to ECE and ngā kōhanga reo

Review of Home-based Early Childhood Education – Kōrero Mātauranga(external link)

Public consultation on tranche 2 proposals took place between September and October 2021.

Tranche 3 overview

Tranche 3 covers remaining matters that require more significant work to develop such as:

  • ensuring that children are at the centre of our system
  • improving adult-to-child ratios
  • reviewing remaining aspects of the licensing system
  • evaluating the role of the Ministry of Education and other actors in the system to ensure high quality provision of education and care
  • exploring how the regulatory system can support the Crown’s responsibilities under Te Tiriti o Waitangi.

We began work to scope tranche 3 in 2022.

Tranche 3 is likely to involve a complete rewrite of the regulations to ensure that they are accessible and fit for purpose and will involve public consultation.

Centre design, environmental factors and group size advisory panel

We are beginning work to develop comprehensive, integrated and culturally responsive guidance for early learning services about centre design, environmental factors and group size and organisation and how to improve quality in these areas.

The centre design, environmental factors and group size advisory panel (CEGAP) will play a key role in informing this work.

Following the call for expressions of interest in June this year, we are pleased to announce the following panel members who will bring a range of valuable knowledge and expertise to this work.

Panel members

Name

Role and organisation

Adam Stride 

Director, Outdoor Play Environment Safety & Compliance Specialist

Playsafe Ltd

Alan Lints 

Director, owner, co-founder

Educare Early Learning Centres 

Dr Ali Glasgow 

Senior Lecturer, Ako Pai School of Education

Victoria University | Te Herenga Waka

Dr Ann Pairman 

Former principal adviser

Te Poutāhū (Curriculum Centre)

Chris Bayes 

Practising teacher, Trustee

Reggio Emilia Aotearoa NZ

David Spraggs 

Professional Leader

Gisborne Kindergarten Association 

Fiona Frew 

Centre owner/Director

Kids at Play 

Fiona Hughes 

Deputy CEO, GM Property and Development

BestStart Educare 

Gregory Shadbolt 

Director

Tilt Architecture 

Jenny Pitama 

Manager, Business Development

Kidsfirst Kindergartens 

Jenny Tippet 

ECE Education Consultant/Kaitohutohu

4Es Consulting 

Dr Kate McAnelly 

Mātanga Ārahi/Lead Practitioner

Tūranga mō ngā Mokopuna 

Lynette Wray 

Senior teacher

He Whānau Manaaki o Tararua Free Kindergarten Association 

Prof Marek Tesar 

Professor of ECE, Head of School & Associate Dean, Director of Centre for Global Childhoods

University of Auckland | Waipapa Taumata Rau

Michelle Pratt 

Director of Development

New Shoots Childrens Centres 

Dr Mike Bedford 

Wellbeing & Design Specialist ECE & Care, Senior Tutor
Massey University | Te Kunenga ki Pūrehuroa

Executive Officer
ECE Reform 

Dr Nicola McDowell 

Senior Lecturer, Specialist Teaching, Institute of Education

Massey University | Te Kunenga ki Pūrehuroa

Phil Smith 

Founder and director

Smith Architects 

Susan Bates 

Teacher, advocate, researcher

Teachers Advocacy Group 

A/P Wyatt Page 

Associate Professor, Acoustics and Human Health, School of Health Sciences

Massey University | Te Kunenga ki Pūrehuroa

Additional panel members may be co-opted onto the panel or brought on to contribute to specific aspects of the work from time to time. We intend to co-opt people who can bring te ao Māori, Pacific and disability perspectives to this work. We may also co-opt people with additional technical expertise as needed.

What the panel will do

CEGAP is responsible for supporting work relating to ventilation and air quality, thermal comfort, lighting, noise/acoustics, activity space (m2), active play (indoors and outdoors), concurrent quiet/noisy activities, nature-based services and group size and organisation.

Group size and organisation will be considered in the context of designing spaces that enable small group interactions. While this may inform future work on adult:child ratios, ratio are not an area that CEGAP is responsible for addressing directly.

See the CEGAP terms of reference: 

We thank panel members for their time and commitment to this work. This page will be updated as work in this space progresses.

Email feedback to: earlylearning.regulatoryreview@education.govt.nz.

Tranche 1 overview

Consultation on tranche 1

We held a public consultation between November 2020 and February 2021. We received 258 survey responses and 21 written submissions, mostly from early learning services. The proposals were largely well supported.

Read more about the tranche 1 proposals that were consulted on in the consultation document below.

Read the final consultation report below.

Tranche 1 licensing criteria amendments

From 31 August 2021, the minimum room temperature required in early learning services increased from 16°C to 18°C in line with World Health Organization guidelines.

This change took effect from 31 August 2021.

From 1 June 2022, services will also be required to have regard for the National Education and Learning Priorities (NELP) in both their annual plan and recorded outcomes from self-review and internal evaluations.

NELP licensing criteria amendments(external link)

Tranche 1 regulation amendments: 30 July 2021

The following amendments came into force on 30 July 2021 and provide the Ministry with additional tools to manage non-compliance and clarify existing requirements, to ensure children’s health, safety and wellbeing.

  • Enabling the Secretary to reclassify a service’s licence as provisional following an incident involving a child that the Secretary considers warrants investigation.
  • Creating the ability to issue a written direction requiring a service to remedy an immediate health and safety risk.
  • Allowing the Ministry to immediately suspend a service’s licence if the licensed early childhood service is no longer under the control of its licensed service provider.
  • Clarifying that the fee for a new licence is payable upon application and is non-refundable.
  • Consolidating existing person responsible requirements.
  • Removing the requirement for a service provider to return their current licence if reclassified as provisional and the corresponding ability to suspend a licence if the licence is not returned.

The changes are expected to mostly impact new early learning services, service providers that have a change in circumstance and services that have compliance issues.

Tranche 1 regulation amendments: 1 February 2022

Following public consultation, Cabinet agreed to the following changes: 

  • Clarifying that amendments to change the identity of a licensed service provider must be applied for before any change is made to the service provider operating the early childhood service.
  • Clarify the information that can be used to assess an application for a probationary licence includes both information provided by the applicant as well as any other information considered relevant.
  • Creating a cancellation pathway based on a service’s provisional licence history. 

We will update you of any changes to these processes before they are implemented later this year.

Education (Early Childhood Services) Amendment Regulations 2021 – NZ Legislation(external link)

Regulatory amendments for tranche 2

Regulatory amendments to strengthen existing licensing and enforcement provisions

In early 2023, we consulted on proposals to amend the Education (Early Childhood Services) Regulations 2008 to strengthen existing licensing and enforcement provisions.

For more information about this consultation, go to the Kōrero Mātauranga website.

Additional proposals for tranche 2 – Kōrero Mātauranga(external link)

Following public consultation, the Government has agreed to amend the Regulations to: 

  • allow for new conditions to be added to a service’s provisional licence  
  • provide a definition of ‘permanently ceased to operate’ for the purpose of cancelling a service provider’s licence 
  • allow the Secretary to, at their discretion, grant a service provider the ability to temporarily close their service for a period of up to three months on application.  

See a copy of the amended regulations:

Education (Early Childhood Services) Amendment Regulations 2023 – NZ Legislation(external link) 

These changes will come into effect in February 2024. 

For more information, download the Q&A document.

Regulatory amendments to strengthen the role of person responsible

In September 2021, we consulted on proposals to amend the Education (Early Childhood Services) Regulations 2008 to strengthen the role of persons responsible in teacher-led education and care centres and licensed hospital-based education and care services. We also undertook separate consultation on proposals to strengthen the role of persons responsible in licensed home-based education and care services.  

For more information about these consultations, go to the Kōrero Mātauranga website.

Consultation on tranche 2 proposals – Kōrero Mātauranga(external link)

Following the outcome of this consultation, the Government has agreed to amend the Education (Early Childhood Services) Regulations to:

  • require persons responsible in teacher-led early childhood education and care centres, and licensed hospital-based, and licensed home-based education and care services to hold a full (category 1 or 2) practising certificate
  • clarify what is required of persons responsible in teacher-led early childhood education and care centres and licensed hospital-based education and care services, including that they must hold a current first aid qualification
  • specify that persons responsible in licensed home-based education and care services may only work across two service licences within each calendar month, and only one licence at a time, and increase the maximum licence size for licensed home-based education and care services from 80 to 100 children
  • clarify what is required of persons responsible in licensed home-based education and care services, including that they take all reasonable steps to observe, support and provide guidance on curriculum delivery and keep records of these activities, and provide ‘professional leadership and support. 

The Government has decided not to progress proposals to require the person responsible in licenced home-based education and care services to be ‘locally based’ due to wider challenges that home-based services are currently reporting. These proposals will be revisited at a time that is more manageable for the sector. 

See a copy of the amended regulations:

Education (Early Childhood Services) Amendment Regulations 2023 – NZ  Legislation(external link)

These changes will come into effect in February 2024, with the requirement that persons responsible in teacher-led early childhood education and care centres, and licenced hospital- and home-based education and care services hold a Full (Category One or Two) practising certificate coming into effect in August 2024. The phased approach to implementation will give service providers and the workforce additional time to prepare for and meet these requirements. 

For more information, download the Q&A document.

Slowing down work to regulate for 80% qualified and certificated teachers in teacher-led centres

In September 2021, we consulted on proposals to amend the Education (Early Childhood Services) Regulations 2008 to require 80% qualified and certificated teachers in teacher-led early childhood education and care centres. This is a key action in the Government’s Early Learning Action Plan 2019 – 2029.

In April 2023, the Government decided to slow down this work until the next term of government. This was in response to sector feedback about the impact of the pace and scale of change already underway. The Government remains committed to this work and to progressing it in a way that is manageable for the sector. 

Regulatory amendments to support the implementation of network approval

Following public consultation earlier this year, the Government has now approved amendments to Regulation 33 of the Education (Early Childhood Services) Regulations 2008 to:

  • enable the licence for an existing service to be amended, without needing network approval, where the service has to permanently relocate because its land has been acquired by the Crown, and to
  • clarify that the Secretary for Education must consider relevant network approval provisions when considering an application to amend an existing licence for an early childhood service.

The amended regulations have been published and came into effect on 28 August 2023.

Education (Early Childhood Services) Amendment Regulations 2023 – NZ Legislation(external link)

Early Learning Regulatory Review advisory group

We established an Early Learning Regulatory Review advisory group to contribute their perspectives and advice throughout the review.

The group includes representatives from early childhood education services and peak sector bodies.

See the terms of reference:

Contact

If you have any questions or suggestions about the review, email earlylearning.regulatoryreview@education.govt.nz.

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