Education (Registration of Early Childhood Services Teachers) Regulations 2004

Reprint
as at 1 December 2008

Crest

Education (Registration of Early Childhood Services Teachers) Regulations 2004

(SR 2004/236)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 9th day of August 2004

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Education.

Pursuant to section 69(2) of the Education Standards Act 2001, Her Excellency the Governor-General, acting on the recommendation of the Minister of Education and on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Education (Registration of Early Childhood Services Teachers) Regulations 2004.

2 Commencement

  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Interpretation

  • (1) In these regulations, unless the context otherwise requires,—

    declared early childhood service means an early childhood service (as defined in section 120 of the Education Act 1989) that is declared by regulation 4(1) to be an early childhood education and care service for the purposes of Part 10 of the Education Act 1989

    teaching position has, for the purposes of the transition plan set out in these regulations, the meaning given to that term by regulation 6.

    (2) Any term used in these regulations that is defined in section 309 of the Education Act 1989 has the meaning given by that section, unless otherwise indicated.

    Regulation 3(1) chartered care arranger: revoked, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 3(1) chartered service: revoked, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 3(1) co-ordinator: revoked, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 3(1) declared early childhood service: amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 3(1) early childhood centre: revoked, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 3(1) early childhood education and care service: revoked, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 3(1) person responsible: revoked, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 3(2): added, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

4 Early childhood services declared early childhood education and care services

  • (1) Every early childhood service within the meaning of section 120 of the Education Act 1989 (other than an early childhood service that is specified in subclause (2)) is declared to be an early childhood education and care service for the purposes of Part 10 of the Education Act 1989.

    (2) The early childhood services to which the declaration in subclause (1) does not apply are—

    • (a) a free kindergarten that is an early childhood service whose licence permits no child to attend for a period of more than 4 hours on any day:

    • (b) playcentres affiliated to the New Zealand Playcentre Federation Inc:

    • (c) kōhanga reo affiliated to Te Kōhanga Reo National Trust Board.

    Clause (2)(a): substituted, on 17 May 2006, by section 17(2) of the Education Amendment Act 2006 (2006 No 19).

5 Transition plan in relation to declared early childhood services

  • These regulations set out a transition plan for bringing under Part 10 of the Education Act 1989 declared early childhood services and persons employed in teaching positions at declared early childhood services.

6 Meaning of person employed in teaching position

  • For the purposes of these regulations, teaching position, as defined in section 120 of the Education Act 1989, is modified to mean,—

    • (a) in relation to an early childhood education and care centre, and to a licensed hospital-based education and care service, a person responsible (as defined in regulation 2 of the Education (Early Childhood Centres) Regulations 1998); and

    • (b) in relation to a licensed home-based education and care service, a co-ordinator (as defined in clause 1 of Part 1 of the Schedule to the Education (Home-Based Care) Order 1992).

    Regulation 6: substituted, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

7 Provisions of transition plan

  • (1) The transition plan is—

    • (a) that there be a transition period at the end of which declared early childhood services and persons employed in teaching positions at declared early childhood services must be brought under Part 10 of the Education Act 1989; and

    • (b) that the setting out of the transition plan in these regulations be the means by which notice of the transition period is given to—

      • (i) declared early childhood services; and

      • (ii) persons who, at the beginning of the transition period, are employed in teaching positions at declared early childhood services; and

      • (iii) persons who, in the transition period, become employed in teaching positions at declared early childhood services; and

      • (iv) persons who wish to be employed after the end of the transition period, or to continue to be employed after the end of the transition period, in teaching positions at declared early childhood services; and

    • (c) that, in relation to persons who, at the beginning of the transition period, are not registered as teachers under the Education Act 1989 but are employed in teaching positions at declared early childhood services, the transition period gives to those persons a period of time within which to obtain registration as teachers under the Education Act 1989; and

    • (d) that, throughout the transition period, Part 10 of the Education Act 1989 must continue not to apply to declared early childhood services and persons employed in teaching positions at declared early childhood services; and

    • (e) that the transition period begins with the date of the coming into force of these regulations; and

    • (f) that, subject to subclause (2), the transition period ends with the close of 31 December 2004.

    (2) If, as at the close of 31 December 2004, regulation 9 applies to a declared early childhood service and to a person employed in a teaching position at that declared early childhood service, the transition period ends,—

    • (a) in relation to the declared early childhood service, at the time at which regulation 9 ceases, under regulation 9(2), to apply to that declared early childhood service; and

    • (b) in relation to the person employed in a teaching position at that declared early childhood service, at the time at which regulation 9 ceases, under regulation 9(3), to apply to that person.

8 Date of application of teacher registration provisions

  • In relation to a declared early childhood service (other than a declared early childhood service to which regulation 9 applies) and to persons employed in teaching positions at a declared early childhood service (other than persons employed in teaching positions at a declared early childhood service to whom regulation 9 applies), these regulations set 1 January 2005 as both—

    • (a) the date on which there is brought under Part 10 of the Education Act 1989—

      • (i) every such early childhood service; and

      • (ii) persons employed in teaching positions at every such early childhood service; and

    • (b) the date from the commencement of which the provisions of Part 10 of the Education Act 1989 apply to both—

      • (i) every such early childhood service; and

      • (ii) persons employed in teaching positions at every such early childhood service.

9 Extended transition period

  • (1) This regulation applies to a declared early childhood service and a person employed in a teaching position at that declared early childhood service as at the close of 31 December 2004 if that person—

    • (a) was appointed to that position, whether before or after the commencement of these regulations, but not later than 31 December 2004; and

    • (b) held, on 4 December 2000, an early childhood teaching qualification that was recognised by the Ministry of Education or the New Zealand Qualifications Authority as equivalent to a Diploma of Teaching; and

    • (c) does not hold, as at the close of 31 December 2004, a qualification recognised by the New Zealand Teachers Council for the purposes of registration under Part 10 of the Education Act 1989.

    (2) The time at which this regulation ceases to apply to a declared early childhood service is the earlier of—

    • (a) the close of the date on which that early childhood service ceases to employ in a teaching position any person who satisfies the criteria in subclause (1); or

    • (b) the close of 31 December 2007.

    (3) The time at which this regulation ceases to apply to a person who satisfies the criteria in subclause (1) is the earlier of—

    • (a) the close of the date on which that person ceases to hold the teaching position that that person held, as at the close of 31 December 2004, at a declared early childhood service; or

    • (b) the close of 31 December 2007.

10 Date of application of teacher registration provisions in relation to extended transition period

  • (1) In relation to a declared early childhood service to which regulation 9 applies, and to persons employed in teaching positions at any such declared early childhood service to whom regulation 9 applies, these regulations set the date specified in subclause (2) as both—

    • (a) the date on which there is brought under Part 10 of the Education Act 1989—

      • (i) that declared early childhood service; and

      • (ii) those persons employed in teaching positions at that declared early childhood service; and

    • (b) the date from the commencement of which the provisions of Part 10 of the Education Act 1989 apply to both—

      • (i) that declared early childhood service; and

      • (ii) those persons employed in teaching positions at that declared early childhood service.

    (2) The date specified for the purposes of subclause (1), in relation to a declared early childhood service to which regulation 9 applies, and to persons employed in teaching positions at any such declared early childhood service to whom regulation 9 applies, is the day immediately following the time at which regulation 9 ceases to apply to that declared early childhood service.

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 August 2004.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Education (Registration of Early Childhood Services Teachers) Regulations 2004. The reprint incorporates all the amendments to the regulations as at 1 December 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)