New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 24 September 2009
(SR 2008/205)
Anand Satyanand, Governor-General
At Wellington this 7th day of July 2008
Present:
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 319 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.
These regulations are the Education (Playgroups) Regulations 2008.
(1) Regulation 17 comes into force on the day after the date on which the making of these regulations is notified in the Gazette.
(2) The rest of these regulations come into force on 1 December 2008.
In these regulations, unless the context otherwise requires,—
Act means the Education Act 1989
certificate means a certificate issued under these regulations
certificated playgroup means a playgroup for which a current certificate is held
children, in relation to a playgroup, means children attending the playgroup
full certificate means a certificate issued under regulation 8
interim certificate means a certificate issued under regulation 7
playgroup has the same meaning as in section 309 of the Act
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.
(1) Every application for a certificate for a playgroup must be made by 1 individual person on behalf of the service provider.
(2) An application for a certificate for a playgroup must—
(a) be made in a form approved by the Secretary; and
(b) include the information required by regulation 5 and be accompanied by the statement required by regulation 6; and
(c) include information of any other kind required by the Secretary.
(1) Every application for a certificate must nominate a person involved with the playgroup who is able to respond to the Secretary in a timely way.
(2) Every application for a certificate must be accompanied by evidence satisfactory to the Secretary that the playgroup does, or is likely to, comply with all the standards set out in Part 2.
An application for a certificate, or for an amendment to or renewal of a certificate, must be accompanied by a statement by the person completing the application form, indicating—
(a) that he or she is authorised to make the application; and
(b) whether, after having made all reasonable inquiries, and to the best of his or her knowledge and belief, the application includes or is accompanied by all relevant information known to the service provider; and
(c) whether all information included in or accompanying the application is, after having made all reasonable inquiries, and to the best of his or her knowledge and belief, in all respects true and correct.
(1) The Secretary must issue an interim certificate for any playgroup that does not hold a certificate if, and only if, satisfied on reasonable grounds that—
(a) the curriculum, health and safety practices, management and administration, and ratios of the playgroup are likely to comply with the standards set out in regulations 18, 19, 21, and 22; and
(b) the premises and facilities used by the playgroup comply with the standard set out in regulation 20.
(2) If satisfied that the information contained in the application is complete, the Secretary must take all reasonably practicable steps to ensure that the decision to issue or refuse to issue an interim certificate in respect of the playgroup is made within 30 working days.
(3) Unless earlier withdrawn, every interim certificate remains in force for the period specified in the certificate (which must not exceed 12 months from the date of issue), and then expires.
(4) At any time before the interim certificate expires, the Secretary may, on the application of the playgroup, issue a full certificate.
(5) To avoid doubt, it is not necessary for the Secretary to issue an interim certificate for a playgroup before issuing a full certificate for that playgroup.
The Secretary must issue a full certificate for a playgroup if, and only if, satisfied on reasonable grounds that the playgroup complies with all the standards set out in Part 2.
(1) Every full certificate remains in force, unless earlier withdrawn, until the date of expiry specified in the certificate.
(2) The date referred to in subclause (1) must not be later than the expiry of 3 years after—
(a) the date of issue of the full certificate; or
(b) if the applicant previously held an interim certificate, the date of issue of that interim certificate.
(1) Every certificate must state the following:
(a) the full name of the playgroup for which the certificate is issued:
(b) the premises for which the certificate has been issued:
(c) the date of issue of the certificate:
(d) the date of expiry of the certificate:
(e) any other details included at the direction of the Secretary.
(2) Subject to subclause (1), certificates may be in any form the Secretary thinks fit.
(1) The Secretary may issue a direction requiring a certificated playgroup holding an interim certificate or a full certificate to implement an action plan prepared by the Secretary if any aspect of the operation of the playgroup does not comply with—
(a) these regulations; or
(b) the relevant standards set out in Part 2.
(2) An action plan is a plan which, if implemented, will enable the playgroup to comply, within the period specified in that plan, with—
(a) these regulations; and
(b) the relevant standards set out in Part 2.
(3) The period for compliance specified in the plan is a period specified by the Secretary in his or her direction that—
(a) the Secretary considers reasonable in the circumstances; but
(b) does not expire after the expiry of the certificate held by the playgroup.
(4) The Secretary—
(a) may amend an action plan at any time while it is in force; and
(b) must notify the playgroup of any amendment to the action plan as soon as is reasonably practicable.
(5) The service provider who operates a playgroup must—
(a) comply with any direction issued by the Secretary under this regulation; and
(b) ensure that the non-compliance referred to in the direction is remedied within the period specified by the Secretary.
(1) Subject to subclause (3), the Secretary must, by written notice delivered to the service provider, withdraw a certificate for a playgroup if—
(a) the playgroup has permanently ceased to operate; or
(b) the playgroup does not comply with the Act or these regulations or the relevant standards set out in Part 2, and the service provider has received a direction from the Secretary under regulation 11(1) and has either—
(i) failed to implement an action plan; or
(ii) failed to ensure that the non-compliance referred to in the direction is remedied within the period specified by the Secretary.
(2) Subject to subclause (3), the Secretary may, by written notice delivered to the service provider, withdraw a certificate for a playgroup if, in the opinion of the Secretary, continued participation by children in the playgroup poses an immediate health or safety risk to those children.
(3) The Secretary may not withdraw a certificate under subclause (1) or (2) unless—
(a) the Secretary has taken all reasonable steps to give the service provider for the playgroup concerned written notice of the Secretary’s intention to do so and the Secretary—
(i) has not been able to do so; or
(ii) has taken into account all representations received from the service provider within a reasonable time of the service provider being given notice; or
(b) if subclause (2) applies, the Secretary is satisfied that it is desirable in the interests of the children’s safety to withdraw the certificate immediately.
(4) Withdrawal of a certificate takes effect on the date of withdrawal specified in the notice issued under subclause (1) or (2).
(1) The service provider for a certificated playgroup must apply to the Secretary for an amendment to the certificate if—
(a) the service provider wants to make any alterations to the operation of the playgroup that would have affected the decision to issue the certificate; or
(b) the service provider wants to make any changes to the operation of the playgroup that would make any matter specified in the certificate incorrect.
(2) If subclause (1) applies, the Secretary must review the certificate and, as seems appropriate,—
(a) confirm it; or
(b) amend any of the particulars specified in it; or
(c) if regulation 11 or 12 applies, exercise any power referred to in whichever of these regulations is applicable.
If satisfied that a certificate is lost, stolen, defaced, or destroyed, or that it contains an error, the Secretary may grant a replacement certificate.
(1) A holder of a full certificate may, not later than 30 working days before the expiry of that certificate, apply in the manner provided for in regulations 4 to 6 for the renewal of that certificate, and regulations 8 to 10 apply with any necessary modications.
(2) If an application for renewal of a full certificate is made in accordance with subclause (1), the playgroup is deemed to continue to be a certificated playgroup until the application for renewal is determined.
(3) If an application for renewal of a full certificate is granted, the new certificate comes into effect on the expiry of the previous certificate.
(1) This Part requires the service provider for every certificated playgroup to comply with each of the following minimum standards:
(a) the curriculum standard (see regulation 18):
(b) the ratios standard (see regulation 19):
(c) the premises and facilities standard (see regulation 20):
(d) the health and safety practices standard (see regulation 21):
(e) the management and administration standard (see regulation 22).
(2) The purpose of the minimum standards is to ensure the health, comfort, care, education, and safety of children attending certificated playgroups.
(1) The Minister may, after consultation with those organisations that appear to the Minister to be substantially affected by these regulations, prescribe criteria to be used by the Secretary to assess compliance with the minimum standards imposed by regulations 18 to 22, or any of them.
(2) If the Minister prescribes criteria under subclause (1), the Secretary must publish a notice in the Gazette—
(a) stating that the criteria have been prescribed; and
(b) setting out the criteria in full or stating where a copy of the criteria may be obtained by members of the public.
(3) By way of explanation and elaboration, the purpose of criteria prescribed by the Minister is to enable those criteria to be used by the Secretary to assess whether service providers have complied with the minimum standards.
The curriculum standard requires the service provider for every certificated playgroup to—
(a) plan for, provide, and review an education programme that is consistent with any curriculum framework prescribed by the Minister that applies to certificated playgroups; and
(b) provide positive guidance to children attending the playgroup in order to support children’s learning.
The ratios standard requires the service provider for every certificated playgroup to ensure that—
(a) more than half of the children attending on any occasion have a parent or caregiver present in the same play area at the same time; and
(b) the total number of children attending on any occasion is not greater than 4 times the number of parents and caregivers present in the same play area at the same time.
Regulation 19: substituted, on 24 September 2009, by regulation 4 of the Education (Playgroups) Amendment Regulations 2009 (SR 2009/233).
(1) The premises and facilities standard requires the service provider for every certificated playgroup to operate from premises that are—
(a) safe and that provide sufficient space, facilities, and equipment to support the learning of children attending the playgroup and maintain their health and well-being; and
(b) available for use by other groups in the community; but
(c) not used as a private dwelling.
(2) Subclause (1)(b) does not prevent a playgroup from operating from a part of any premises set aside for the exclusive use of the playgroup, (for example, a particular room in a building) if another part or parts of the same premises are open to use by other groups in the community.
The health and safety practices standard requires the service provider for every certificated playgroup to take reasonable steps to—
(a) maintain good health and safety practices at the playgroup; and
(b) ensure all practicable steps are taken to eliminate, isolate, or minimise hazards to children attending the playgroup; and
(c) ensure that appropriate procedures are in place to deal with fires, earthquakes, and other emergencies.
(1) The management and administration standard requires the service provider for every certificated playgroup to ensure that—
(a) the playgroup is effectively managed in accordance with good management practices; and
(b) the playgroup is managed in a collaborative way with the parents and caregivers involved; and
(c) appropriate written procedures and records are developed, maintained, and made available when appropriate.
(2) All written procedures and records required by subclause (1)(c) must be made available by the service provider for inspection—
(a) at any reasonable time on request by a parent or member of the family or caregiver of a child attending the playgroup:
(b) at any time on request by any person exercising powers or carrying out functions under Part 26 of the Act.
(3) Subclause (2) does not limit any rights of access conferred by law to any document referred to in subclause (1)(c).
Rebecca Kitteridge,
Clerk of the Executive Council.
Date of notification in Gazette: 10 July 2008.
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)
This is a reprint of the Education (Playgroups) Regulations 2008. The reprint incorporates all the amendments to the regulations as at 24 September 2009, 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.
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.
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/editorial-conventions/ or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
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).
Education (Playgroups) Amendment Regulations 2009 (SR 2009/233)
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