Education (Early Childhood Services) Regulations 2008

Version as at 1 February 2023

Coat of Arms of New Zealand

Education (Early Childhood Services) Regulations 2008

(SR 2008/204)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 7th day of July 2008

Present:
His Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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.

Contents

1Title
2Commencement
3Interpretation
4Application of these regulations to existing early childhood services [Revoked]
Part 1
Licensing
5Applications for licences and application fees
6What details must be included in applications
7Applicant must make statutory declaration
8Fit and proper persons
Additional requirements where application relates to certain kinds of licence
9Additional requirements where application relates to centre
9AAdditional requirement where application relates to hospital-based education and care service
10Additional requirements where application relates to home-based service
Probationary licences
11Grant of probationary licence
12Probationary licence not to follow transitional licence or full licence
Full licence
13Grant of full licence
14Duration of full licence [Revoked]
Provisional licences
15Secretary may reclassify licence as provisional licence
16Conditions of provisional licence
17Duration of provisional licence
Temporary relocation licence
18Grant of temporary relocation licence
Transitional licence
[Revoked]
19Grant of transitional licence [Revoked]
General
20Consents under Resource Management Act 1991
20ARequirements for premises of centre and hospital-based education and care service
21Kinds of licence
22Classes of licence, conditions, and other matters
22ALimitations for centres and hospital-based services providing services for children under 2 years
23Limitation on mixed ages in centres and hospital-based services
24Issue of licences
25Licensing fee [Revoked]
26Additional requirements relating to licences for centre
27Additional requirements relating to licences for hospital-based education and care service
28Additional requirements for licensed home-based education and care service
29Effect of licence
Suspension of licences
30Suspension of licences
31Effect and consequences of suspension
Cancellation
32Cancellation of licences
33Amendment of licences
34Changes to centre status requires new licence [Revoked]
35Continuing duty to advise of change of circumstances
36Replacement licences
37Renewal of full licences [Revoked]
38Offences
39Appeals
Exceptional circumstances
39APowers of Secretary in exceptional circumstances
Part 2
Standards
Subpart 1—Preliminary
40Outline and purpose of Part
41Minister may prescribe criteria
Subpart 2—Standards for licensed services
42Application of subpart: general
43Curriculum standard: general
44Qualifications, ratios, and service-size standard: general
44ASpare 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
45Premises and facilities standard: general
46Health and safety practices standard: general
47Governance, management, and administration standard: general
Subpart 3—Standards for limited attendance centres
[Revoked]
48Application of subpart: limited attendance centres [Revoked]
49Curriculum standard: limited attendance centres [Revoked]
50Ratios, supervision, and service-size standard: limited attendance centres [Revoked]
51Premises and facilities standard: limited attendance centres [Revoked]
52Health and safety practices standard: limited attendance centres [Revoked]
53Management and administration standard: limited attendance centres [Revoked]
Subpart 4—Miscellaneous
54Miscellaneous variations to operation of minimum standards
54ASecretary may direct service provider to remedy immediate health and safety risk
55Secretary may request health reports
56Ill-treatment of children
57Health and safety of children
58Collection of children from centres and home-based education and care services
59Further obligations in relation to hospital-based education and care
Schedule 1
Qualification requirements: early childhood education and care centres and hospital-based education and care services
Schedule 1A
Qualification requirements: home-based education and care services
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
Notes