Education (Early Childhood Services) Regulations 2008

  • This version was replaced on 28 August 2017 to make a correction to regulation 22(2)(c) under section 25(1)(i) and (j)(iv) of the Legislation Act 2012.
3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Education Act 1989

all-day licence means a licence to operate a service that allows a child attending the service to attend for more than 4 hours (in total) on each day the service operates

centre means an early childhood education and care centre within the meaning of section 310 of the Act

children, in relation to an early childhood service, means the children attending or participating in the service; and child has a corresponding meaning

contact person means a person, nominated by a service provider to represent its management, who—

(a)

is able to respond to the Secretary as soon as practicable on any issue relating to licensing; and

(b)

has authority to act on behalf of the service provider when dealing with the Secretary; and

(c)

resides locally

early childhood service has the same meaning as in section 309 of the Act

educator, in relation to a licensed home-based education and care service, means the person who—

(a)

provides education and care and comfort directly to children in his or her care; and

(b)

attends to the health and safety of those children

existing service means an early childhood service in respect of which a licence is deemed to have been issued under section 319K(1) or 319L(1) of the Act

licence means a licence granted under these regulations

licensed early childhood service has the same meaning as in section 309 of the Act

licensed home-based education and care service has the same meaning as in section 309 of the Act

licensed hospital-based education and care service has the same meaning as in section 309 of the Act

licensed service provider means the holder of a licence; and, in relation to a licensed early childhood service, means the holder of a licence in relation to that service

mixed licence means a licence to operate a service—

(a)

that allows a child attending the service to attend—

(i)

for more than 4 hours (in total) on those days the service operates in accordance with the requirements of an all-day licence; and

(ii)

for 4 hours or less (in total) on those days the service operates in accordance with the requirements of a sessional licence; and

(b)

requires the service to comply with the requirements of—

(i)

an all-day licence, on days when a child may attend for more than 4 hours (in total); and

(ii)

a sessional licence, on days when a child may attend for 4 hours or less (in total)

new service means an early childhood service that is not an existing service

person responsible means,—

(a)

in relation to a licensed centre, 1 or more persons nominated for the purpose by the service provider; being persons who are directly involved in, and primarily responsible for, the day-to-day education and care, comfort, and health and safety of the children; and

(b)

in relation to a licensed hospital-based education and care service, the person or persons who—

(i)

have primary responsibility for—

(A)

the education of children participating in the service; and

(B)

ensuring supervision of children in the activity room used as part of the service; and

(ii)

support the health and safety and care of the children; and

(c)

in relation to a licensed home-based education and care service, the co-ordinator who has primary responsibility for—

(i)

overseeing the education and care, comfort, and health and safety of the children; and

(ii)

without limiting subparagraph (i), providing professional leadership and support to educators within the service

recognised qualification means,—

(a)

in relation to a licensed service that is teacher led, an early childhood teaching qualification recognised by the Education Council of Aotearoa New Zealand for registration purposes:

(b)

in relation to any other licensed service or any other licensed service of a kind specified by the Secretary, a qualification held by an adult providing education and care as part of that service which is recognised by the Secretary as a qualification for this purpose by notice in the Gazette

Secretary has the same meaning as in section 309 of the Act

service provider has the same meaning as in section 309 of the Act

sessional licence means a licence to operate a service that limits the hours during which every child attending the service can attend to no more than 4 hours (in total) on each day the service operates

Regulation 3 limited attendance centre: revoked, on 1 February 2009, by regulation 4(1) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).

Regulation 3 limited attendance conditions: revoked, on 1 February 2009, by regulation 4(1) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).

Regulation 3 limited attendance conditions licence: revoked, on 1 February 2009, by regulation 4(1) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).

Regulation 3 person responsible paragraph (a): amended, on 1 February 2009, by regulation 4(2) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).

Regulation 3 person responsible paragraph (b): amended, on 1 July 2011, by regulation 4(1) of the Education (Early Childhood Services) Amendment Regulations 2011 (SR 2011/198).

Regulation 3 person responsible paragraph (b)(i): amended, on 1 July 2011, by regulation 4(2) of the Education (Early Childhood Services) Amendment Regulations 2011 (SR 2011/198).

Regulation 3 person responsible paragraph (b)(ii): amended, on 1 July 2011, by regulation 4(3) of the Education (Early Childhood Services) Amendment Regulations 2011 (SR 2011/198).

Regulation 3 recognised qualification paragraph (a): amended, on 1 July 2015, by section 48(2) of the Education Amendment Act 2015 (2015 No 1).

Regulation 3 supervisor: revoked, on 1 February 2009, by regulation 4(1) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).