Education (Early Childhood Services) Amendment Regulations 2009

2009/5

Crest

Education (Early Childhood Services) Amendment Regulations 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 26th day of January 2009

Present:
His Excellency the Governor-General in Council

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.

Regulations

1 Title
  • These regulations are the Education (Early Childhood Services) Amendment Regulations 2009.

2 Commencement
  • These regulations come into force on 1 February 2009.

3 Principal regulations amended
4 Interpretation
  • (1) The definitions of limited attendance centre, limited attendance conditions, limited attendance conditions licence, and supervisor in regulation 3 are revoked.

    (2) Paragraph (a) of the definition of person responsible in regulation 3 is amended by omitting (other than a limited attendance centre).

5 Additional requirements where application relates to centre
  • (1) Regulation 9(1)(b) is amended by omitting or 51 (whichever is applicable).

    (2) Regulation 9(1) is amended by revoking paragraphs (e) and (f) and substituting the following paragraph:

    • (e) if the Building Act 2004 applies, evidence that the premises comply with that Act in respect of their use as a centre and, if applicable, a copy of—

      • (i) a compliance schedule required under section 100 of the Building Act 2004; and

      • (ii) a current building warrant of fitness issued under section 108 of that Act (if required).

    (3) Regulation 9(2)(a) is amended by omitting or 51 (whichever is applicable) and relevant aspects of the health and safety practices standard set out in regulation 46 or 52 (whichever is applicable) and substituting and relevant aspects of the health and safety practices standard set out in regulation 46.

6 Grant of probationary licence
  • (1) Regulation 11(1)(a) is amended by omitting or the ratios, supervision, and service-size standard set out in regulation 50 (whichever is applicable) and the premises and facilities standard set out in regulation 45 or 51 (whichever is applicable) and substituting and the premises and facilities standard set out in regulation 45.

    (2) Regulation 11(1)(b) is amended by omitting or 49 (whichever is applicable), the health and safety practices standard set out in regulation 46 or 52 (whichever is applicable), and the governance, management, and administration standard set out in regulation 47 or the management and administration standard set out in regulation 53 (whichever is applicable) and substituting , the health and safety practices standard set out in regulation 46, and the governance, management, and administration standard set out in regulation 47.

7 Grant of full licence
  • (1) Regulation 13(a) is amended by omitting or 49 (whichever is applicable), the qualifications, ratios, and service-size standard set out in regulation 44 or the ratios, supervision, and service-size standard set out in regulation 50 (whichever is applicable), the health and safety practices standard set out in regulation 46 or 52 (whichever is applicable), and the governance, management, and administration standard set out in regulation 47 or the management and administration standard set out in regulation 53 (whichever is applicable) and substituting , the qualifications, ratios, and service-size standard set out in regulation 44, the health and safety practices standard set out in regulation 46, and the governance, management, and administration standard set out in regulation 47.

    (2) Regulation 13(b)(i) is amended by omitting or 51 (whichever is applicable).

8 Regulation 14 revoked
  • (1) Regulation 14 is revoked.

    (2) The specification of a date of expiry in any full licence granted before the commencement of these regulations is of no effect.

9 Duration of provisional licence
  • (1) Regulation 17(1)(a) is amended by omitting centre's and substituting service's.

    (2) Regulation 17(1)(b) is amended by omitting centre's and substituting service's.

10 Grant of temporary relocation licence
11 Classes of licence, conditions, and other matters
12 Limitation on mixed ages in centres and hospital-based services
13 Issue of licences
14 Additional requirements relating to licences for centre
  • (1) Regulation 26(1)(a) is amended by omitting , or is a licence to operate subject to limited attendance conditions (limited attendance conditions licence).

    (2) Regulation 26(1)(b) is amended by omitting , or limited attendance conditions licence.

    (3) Regulation 26(1)(d)(i) is amended by omitting other than a centre licensed to operate subject to limited attendance conditions.

    (4) Regulation 26(1)(d)(ii) is revoked.

15 Amendment of licences
16 Regulation 34 revoked
17 Regulation 37 revoked
18 Outline and purpose of Part
19 Minister may prescribe criteria
  • (1) Regulation 41(1) is amended by omitting 53 and substituting 47.

    (2) Regulation 41(4) is amended by omitting 53 and substituting 47.

20 Subpart heading amended
  • The heading to subpart 2 of Part 2 is amended by omitting (other than limited attendance centres).

21 Application of subpart: general
  • Regulation 42 is amended by omitting (other than a service provider of a limited attendance centre).

22 Qualifications, ratios, and service-size standard: general
  • The definition of excluded service in regulation 44(4) is amended by revoking paragraph (b).

23 Subpart 3 of Part 2 revoked
24 Miscellaneous variations to operation of minimum standards
  • (1) Regulation 54(2) is amended by omitting , or regulation 50(1)(a) and Schedule 2, whichever is applicable,.

    (2) Regulation 54(5) is amended by omitting 53 and substituting 47.

25 Secretary may request health reports
  • Regulation 55 is amended by omitting or 51 (whichever is applicable) or the health and safety practices standard set out in regulation 46 or 52 (whichever is applicable) and substituting or the health and safety practices standard set out in regulation 46.

26 Schedule 1 amended
  • Schedule 1 is amended by omitting (other than limited attendance centres).

27 Schedule 2 amended
  • (1) The Schedule 2 heading is amended by omitting rr 44(1)(b), 50(1)(a) and substituting r 44(1)(b).

    (2) Schedule 2 is amended by omitting (except limited attendance conditions centres).

    (3) Schedule 2 is amended by omitting the heading Limited attendance conditions centres: ratios for all ages, the headings after it, and the 4 items after those headings.

    (4) Schedule 2 is amended by revoking item 1 after the heading Who counts as adult or child when applying ratios and substituting the items set out in the Schedule of these regulations.

28 Schedule 3 amended
  • (1) The Schedule 3 heading is amended by omitting rr 44(1)(c), 50(1)(b) and substituting r 44(1)(c).

    (2) Schedule 3 is amended by omitting (other than limited attendance centre) and (other than limited attendance centres).

    (3) Schedule 3 is amended by omitting the item relating to a limited attendance centre.

    (4) Schedule 3 is amended by omitting 60 from the item relating to a home-based education and care service and substituting 80.

29 Schedule 4 amended
  • (1) The Schedule 4 heading is amended by omitting rr 45(1)(b), 51(1)(b) and substituting r 45(1)(b).

    (2) Schedule 4 is amended by omitting (other than a limited attendance centre).

    (3) Schedule 4 is amended by omitting the item relating to a limited attendance centre.


Schedule
New items in Schedule 2

r 27(4)

1In the case of a service other than a home-based service, a person must be 17 years or older and involved in duties other than food preparation and serving, administrative duties, and maintenance to count as an adult.
1AFor a home-based education and care service, a person must be 20 years or older and involved in duties other than food preparation and serving, administrative duties, and maintenance to count as an adult.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2009,—

  • abolish limited attendance centre licences:

  • prevent home-based services from employing educators aged 17, 18, or 19:

  • increase the maximum size of a home-based network from 60 children to 80:

  • provide for new licences issued under the principal regulations (like licences issued under the regulations that the principal regulations replaced) to continue in force indefinitely, rather than expire after 6 years:

  • rectify 2 minor drafting errors in the principal regulations.


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

Date of notification in Gazette: 29 January 2009.

These regulations are administered by the Ministry of Education.