Education (Early Childhood Services) Regulations 2008

Reprint as at 1 July 2013

Education (Early Childhood Services) Regulations 2008

(SR 2008/204)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 7th day of July 2008

His Excellency the Governor-General in Council


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 317 of the Education Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.


1 Title

2 Commencement

3 Interpretation

4 Application of these regulations to existing early childhood services

Part 1

5 Applications for licences

6 What details must be included in applications

7 Applicant must make statutory declaration

8 Fit and proper persons

Additional requirements where application relates to certain kinds of licence

9 Additional requirements where application relates to centre

9A Additional requirement where application relates to hospital-based education and care service

10 Additional requirements where application relates to home-based service

Probationary licences

11 Grant of probationary licence

12 Probationary licence not to follow transitional licence or full licence

Full licence

13 Grant of full licence

14 Duration of full licence [Revoked]

Provisional licences

15 Secretary may reclassify licence as provisional licence

16 Conditions of provisional licence

17 Duration of provisional licence

Temporary relocation licence

18 Grant of temporary relocation licence

Transitional licence

19 Grant of transitional licence


20 Consents under Resource Management Act 1991

20A Requirements for premises of centre and hospital-based education and care service

21 Kinds of licence

22 Classes of licence, conditions, and other matters

22A Limitations for centres and hospital-based services providing services for children under 2 years

23 Limitation on mixed ages in centres and hospital-based services

24 Issue of licences

25 Licensing fee

26 Additional requirements relating to licences for centre

27 Additional requirements relating to licences for hospital-based education and care service

28 Additional requirements for licensed home-based education and care service

29 Effect of licence

Suspension of licences

30 Suspension of licences

31 Effect and consequences of suspension


32 Cancellation of licences

33 Amendment of licences

34 Changes to centre status requires new licence [Revoked]

35 Continuing duty to advise of change of circumstances

36 Replacement licences

37 Renewal of full licences [Revoked]

38 Offences

39 Appeals

Part 2

Subpart 1Preliminary

40 Outline and purpose of Part

41 Minister may prescribe criteria

Subpart 2Standards for licensed services

42 Application of subpart: general

43 Curriculum standard: general

44 Qualifications, ratios, and service-size standard: general

44A Spare capacity for children under 2 can in certain cases be set off against number of children 2 or over in determination of adult-child ratios

45 Premises and facilities standard: general

46 Health and safety practices standard: general

47 Governance, management, and administration standard: general

Subpart 3Standards for limited attendance centres


48 Application of subpart: limited attendance centres [Revoked]

49 Curriculum standard: limited attendance centres [Revoked]

50 Ratios, supervision, and service-size standard: limited attendance centres [Revoked]

51 Premises and facilities standard: limited attendance centres [Revoked]

52 Health and safety practices standard: limited attendance centres [Revoked]

53 Management and administration standard: limited attendance centres [Revoked]

Subpart 4Miscellaneous

54 Miscellaneous variations to operation of minimum standards

55 Secretary may request health reports

56 Ill-treatment of children

57 Health and safety of children

58 Collection of children from centres and home-based education and care services

59 Further obligations in relation to hospital-based education and care

Schedule 1
Qualification requirements

Schedule 2
Adult-to-child ratios (minimum)

Schedule 3
Service-size (maximum)

Schedule 4
Activity spaces (minimum)

Gazette information

Education (Early Childhood Services) Amendment Regulations 2009

Reprint notes