In this code,—

(1) the premises comply with the provisions set out in clause 3; and

(2) the arrangement gives the service provider adequate means of determining whether or not those provisions are being complied with in relation to those premises; and

(3) the arrangement can be terminated forthwith if the service provider is not satisfied that those provisions are being complied with in relation to those premises.

Clause 2 relates to the following provisions:

(1) Indoor space must include a minimum of 10 m² in one space. The space may include equipment and furniture for play, but must exclude fittings, fixed equipment and stored goods, passageways, toilet facilities, specific sleeping areas for children, and other areas not suitable for play:

(2) Where children under 2 are cared for, there must be safe indoor spaces for crawling, walking, and floor play. Some of these spaces must have soft floor coverings:

(3) Outdoor space must include suitably surfaced and drained space for a variety of activities, in a safe play area closed in by secure fences and gates. The outdoor space must provide experience with natural materials, and enough room for running:

(4) Access to outdoor space must be easily accessible and available to children:

(5) The premises must have safe storage space for children's personal belongings, play equipment, cleaning materials, and administrative records:

(6) If children have disabilities, the premises must be such that they do not inhibit the children's ability to grow and develop in developmentally appropriate ways:

(7) Children must not have access to poisonous plants:

(8) The premises must have facilities for hygienic preparation, storage, and serving of food and drinks:

(9) The premises must have facilities for hygienic washing, rinsing, and storage of utensils:

(10) The premises must have, or there must be easy access from the premises to, hygienic and suitable laundry facilities:

(11) The premises must have, in sufficient number for the children, sanitary facilities that are easily accessible, safe, and suitable to be used by children:

(12) Every indoor part of the premises used by children must have adequate lighting and ventilation:

(13) Every indoor part of the premises used by the children must be capable of being heated to and maintained at temperatures of not less than 16ºC and while used by children must be maintained at a temperature of not less than 16ºC:

(14) The premises must have adequate safeguards against fire, and a means of escape if fire breaks out:

(15) The premises must have adequate safeguards against earthquake damage, and for dealing with the consequences of an earthquake:

(16) The premises must have adequate space and facilities for children to have undisturbed rest:

(17) The premises must have for children needing to sleep during the time spent there a cot, bed, stretcher, or mattress, available whenever needed,—

• (a) of a size appropriate for the children's height, and of a design that ensures the children's safety; and

• (b) with a waterproof covering of material other than plastic, securely fastened so as to prevent accidents; and

• (c) with a clean covering and clean linen, and blankets or quilts sufficient to keep children warm:

(18) All heating fittings in the premises with exposed flames, elements, or hot surfaces, must be safeguarded in such a way as to prevent harm to children:

(19) Those parts of the premises, and the furniture, fittings, equipment and materials, in the premises, to which children have access must be kept safe and clean:

(20) All equipment and materials in the premises must be safely stored:

(21) All floor surfaces in those parts of the premises to which children have access must be suitable and safe for the activities to be carried out there, and easy to keep clean:

(22) Where the premises have rooms above ground level to which children have access, stairs, windows, balconies, and exits must be kept safe; and there must be an easy and safe means of escape to ground level from each of the rooms:

(23) All steps and ramps in the premises to which children have access must be safeguarded in such a way as to prevent harm to children:

(24) All electrical power sockets in those parts of the premises to which children have access must be either out of the reach of children, or shielded so as to prevent danger to children:

(25) All electrical jugs and kettles, and the cords for them, must be inaccessible to children:

(26) Every stove or cooking hob in the premises must be safeguarded in such a way as to prevent harm to children:

(27) The premises must have, or have easy access to, a telephone:

(28) The premises must have a written plan for the evacuation and education and care of children in emergencies:

(29) All cleaning agents, medicines, poisons and other dangerous substances in the premises must be well out of reach of children or securely locked away:

(30) Outdoor doors, fences, and gates of the premises must be so provided and maintained that children cannot leave the premises without the caregiver's help:

(31) Every swimming pool, excavation, structure, and site capable of holding water on the premises must be secured against entry by children in the manner prescribed by the Fencing of Swimming Pools Act 1987:

(32) The premises must have a first-aid cabinet or box, kept in good condition, ready for immediate use, and equipped to a standard approved—

• (a) by the Director-General of Health; or

• (b) by the body that was previously known as the Health Funding Authority (so long as the approval by that body has not been superseded by an approval given under paragraph (a)):

(33) The first-aid cabinet or box must either be fitted with a child-proof lock, or other device, that prevents children from opening it, or be inaccessible to children.

(1) the provisions set out in clause 5 will be complied with in relation to the arrangement; and

(2) the service provider will be able to determine whether or not those provisions are being complied with in relation to the arrangement; and

(3) the arrangement can be terminated if the service provider is not satisfied that those provisions are being complied with in relation to the arrangement.

Clause 4 relates to the following provisions:

(1) The caregiver must have a knowledge of first aid:

(2) The children must not have access to pornographic material:

(3) While children are receiving home-based education and care in any premises, no person who is, or is likely to be, affected by—

• (a) alcohol; or

• (b) any other substance that has a detrimental effect on the person's functioning or behaviour,—

may be in or enter the premises:

(4) Hazards to the safety of the children in the premises where the children are receiving home-based education and care must be corrected, repaired, removed, or made inaccessible to the children:

(5) Where children travel in a motor vehicle with the caregiver, the requirements of regulations 30 and 30A of the Traffic Regulations 1976 must be met:

(6) Information about all food and drink provided to children must be recorded daily and made available to the arranging parents for inspection on request:

(7) Food and drink must be adequate in quantity and quality, and appropriate, for children's growth and developmental needs:

(8) The premises where children receive home-based education and care must have eating arrangements suitable for children:

(9) Children under 6 months must be held while being fed from a bottle:

(10) Any infant formula fed to children must be of a type approved by the arranging parents:

(11) Children must not be unattended while eating:

(12) Children must not have access to fluid or food while in bed (or any other resting or sleeping place):

(13) Cleanliness must be rigorously observed in the preparation, storage, and serving of all food and drink:

(14) An ample supply of potable drinking water must be available for children at all times:

(15) Individual washcloths and towels must be available for napkin changes:

(16) Safe and sanitary arrangements must be available for changing napkins:

(17) Bed linen must be laundered when soiled or wet, and at least once a week:

(18) Bed linen used by one child must be laundered before being used by another:

(19) A child must not leave the education and care of the caregiver with any person who has not been authorised in writing to take the child by a person who has the role of providing day-to-day education and care for the child or who has custody of the child:

(20) Before arranging home-based education and care for any child, the service provider must find out if the child has any infectious or contagious disease, disability, or adverse health condition, that presents a substantial risk to other children:

(21) The service provider must tell the caregiver if children have any infectious or contagious disease, disability, or adverse health condition, that presents a substantial risk to the health and safety of other children, before they enter the home:

(21A) The caregiver must be able to refuse to take any child who has any infectious or contagious disease, disability, or adverse health condition, that presents a substantial risk to the health and safety of other children:

(22) The caregiver must notify the service provider, and the arranging parents or people designated by the arranging parents, of any accident children have while receiving home-based education and care:

(23) The caregiver must notify the arranging parents or people designated by the arranging parents if children become ill while receiving home-based education and care:

(23A) If any child becomes seriously ill or is involved in a serious accident, the caregiver must take immediate steps to seek medical aid:

(24) A child who becomes ill must be made comfortable and kept under close observation at all times; and if necessary must be isolated from other children or returned to the arranging parent as soon as possible:

(25) Children must not be given medicine while receiving home-based education and care without the written authority of 1 of the arranging parents except under medical advice in an emergency:

(26) Children must not receive home-based education and care from the caregiver while the caregiver is ill or has an infectious or contagious disease; and the caregiver must take all reasonable steps to ensure that children do not come into contact with people suffering or suspected to be suffering from any infectious or contagious disease:

(27) No caregiver must be in a state of physical or mental health that presents any risk or danger to children:

(28) The caregiver's household must not include any person who has—

• (a) committed a crime against children; or

• (b) abused children:

(29) While children are receiving home-based education and care in any premises, no person who has—

• (a) committed a crime against children; or

• (b) abused children,—

may be in or enter the premises:

(29A) If the caregiver is satisfied, on reasonable grounds, that a person—

• (a) has committed a crime against children; or

• (b) has abused children,—

the caregiver must refuse entry to that person:

(30) All animals must be kept clean and healthy and be able to be restrained:

(30A) While children are receiving home-based education and care in any premises, no person may smoke in any area used by children, in any area where food is prepared, or in any outdoor area where children are playing:

(31) There must be available in the premises in which children are receiving home-based education and care equipment for indoor and outdoor play of a standard and range adequate to provide for the physical, emotional, social, cultural, creative, and cognitive development of the children:

(32) While children are attending home-based education and care, the service provider must ensure that caregivers—

• (a) enhance children's learning and development through planning and evaluating a range of appropriate activities that cater for the cognitive, creative, cultural, emotional, intellectual, physical, and social needs of each child; and

• (b) demonstrate understanding of children's learning and development, and current good practice for early childhood education; and

• (c) plan the physical environment to provide opportunities for play and experiences both indoors and outdoors; and

• (d) ensure that children have opportunities to interact and play with other children; and

• (e) encourage children to become and remain confident in their own culture, and to develop an understanding of and respect for other cultures of Aotearoa/New Zealand; and

• (f) ensure that parents and whanau are given opportunities to participate in decision making concerning their children and to discuss their children's progress and needs:

(33) The premises in which children receive home-based education and care must provide a safe supportive environment in which children are not harmed or at risk physically, socially, spiritually, or emotionally, and do not experience abuse or discrimination:

(34) The caregiver's management practices must be such that each child—

• (a) is treated with, and allowed to have, respect and dignity; and

• (b) is given positive guidance directed towards promoting behaviour that is appropriate for the child's stage of development; and

• (c) is guided by means of praise and encouragement, rather than blame, harsh or abusive language, or belittling or degrading responses; and

• (d) is not subjected to any form of physical ill-treatment, corporal punishment, solitary confinement, verbal abuse, immobilisation, or deprivation of food:

(35) The caregiver must keep in respect of every child receiving home-based education and care records of the following matters:

• (a) the child's name, date of birth and home address;

• (b) the days on and times between which the child receives home-based education and care; and

• (c) the name, and, if it differs from the child's address, the home address, of at least one arranging parent of the child; and

• (d) the place at which or the means by which the arranging parents may be reached in case of illness or other emergency; and

• (e) particulars of accidents and illnesses occurring to the child while receiving home-based education and care, and of the action taken; and

• (f) details of any chronic illness, condition, or disability from which the child suffers, and of any medication required to be given to the child; and

• (g) details of medicine (whether prescription or non-prescription) given to the child, of the days and times when it was given, and on whose authority and by whom it was given; and

• (h) the name of the doctor from whom the arranging parents direct that medical advice must first be sought in the event of illness or emergency affecting the child; and

• (i) the names of the people authorised to collect the child and, where appropriate, details of people who have right of legal access to the child:

(35A) The records required by paragraph (35) to be kept must be retained for at least 7 years and must be made available for inspection by the co-ordinator or the service provider on request:

(36) Notwithstanding paragraphs (29) and (29A),—

• (a) children's parents and guardians (other than a parent or guardian required by law not to have access to or contact with the child concerned); and

• (b) any person authorised in writing by a parent or guardian (other than a person required by law not to have access to or contact with the child concerned, or access to the premises); and

• (c) the service provider or a representative of the service provider,—

must have access to the premises at all times when children are receiving home-based education and care there:

(37) Except as provided in paragraph (37A), no premises must have more than 1 caregiver:

(37A) If more than 3 siblings under 2 are receiving home-based education and care in any premises, there must be 2 caregivers:

(38) There must not receive home-based education and care in any premises more children than (in the light of the design of the premises and the ages and needs of the children) can receive good and safe home-based education and care there:

(39) Without limiting the generality of paragraph (38), there must not be—

• (a) more than 4 children under 6; or

• (b) unless they are siblings, more than 2 children under 2,—

receiving home-based education and care in any premises at the same time:

(40) All children under 6 of the caregiver must be considered and counted for the purposes of paragraphs (38) and (39):

(41) A caregiver must be in attendance at all times while children are receiving home-based education and care:

(42) While receiving home-based education and care, a child must at no time be left unsupervised:

(43) All premises where home-based education and care arranged by a service provider is given must be part of a network comprising premises where the total number of children receiving home-based education and care at any particular time is usually no more than 80:

(44) The network must be the responsibility of 1 or more co-ordinators employed by the service provider:

(45) Each co-ordinator must hold a qualification approved by the Secretary for the purpose:

(45A) Each co-ordinator must be a person considered by the service provider to be suitable to co-ordinate a network:

(46) At least once a fortnight, each caregiver in the network must be contacted by a co-ordinator while the caregiver is providing home-based education and care:

(47) At least once a month, in each of the premises forming part of the network, children and the caregiver must be observed by a co-ordinator while the children are receiving home-based education and care from the caregiver:

(47A) Each network must have—

• (a) a copy of this order; and

• (b) copies of the Education Review Office reports on its network,—

available for inspection at reasonable times by the parents, guardians, and families of children receiving home-based education and care:

(48) Every caregiver must be 20 or older:

(49) Parents, guardians, and families of children receiving home-based education and care must have opportunities to discuss and exchange information with the service provider, co-ordinators, and caregivers:

(50) Parents, guardians, families, the service provider, and co-ordinators and caregivers, must have opportunities to discuss developmentally appropriate programmes suited to the needs of children receiving home-based education and care:

(51) Parents, guardians, and families must have the name and address of a person to contact if they have any concerns or a wish to make a complaint, about any aspect of the education and care of children.