Education (Early Childhood Services) Amendment Regulations 2026
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2026/64
Education (Early Childhood Services) Amendment Regulations 2026
Cindy Kiro, Governor-General
Order in Council
At Wellington this 7th day of April 2026
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 636 of the Education and Training Act 2020 on the advice and with the consent of the Executive Council.
Contents
Regulations
1 Title
These regulations are the Education (Early Childhood Services) Amendment Regulations 2026.
2 Commencement
These regulations come into force on 29 June 2026.
3 Principal regulations
These regulations amend the Education (Early Childhood Services) Regulations 2008.
4 Regulation 15 amended (Director of Regulation may reclassify licence as provisional licence)
(1)
Replace regulation 15(1) with:
(1)
The Director of Regulation may, by written notice to a licensed service provider, reclassify the service provider’s probationary licence or full licence as a provisional licence, if satisfied that the service provider—
(a)
has failed to comply with 1 or more of the following:
(i)
a written direction to remedy a risk to health and safety given under regulation 29C:
(ii)
a requirement to employ or engage specialist help imposed under regulation 29D:
(iii)
a requirement to prepare, implement, and complete an improvement plan imposed under regulation 29E; or
(b)
has—
(i)
failed to comply with a requirement of these regulations or a condition of their licence; and
(ii)
been subject to 2 or more of the following within the previous 12 months:
(A)
a record of non-compliance kept under regulation 29A:
(B)
a formal warning issued under regulation 29B:
(C)
a written direction to remedy a risk to health and safety given under regulation 29C:
(D)
a requirement to employ or engage specialist help imposed under regulation 29D:
(E)
a requirement to prepare, implement, and complete an improvement plan imposed under regulation 29E.
(2)
Replace regulation 15(3) with:
(3)
A written notice of reclassification may be given under subclause (1) at any time until the licence being reclassified has expired.
5 Regulation 16 amended (Conditions of provisional licence)
(1)
Replace regulation 16(1A) with:
(1A)
If the Director of Regulation is satisfied that there has been an additional instance of a licensed service provider failing to comply with a requirement of these regulations or a condition of their licence after the Director has reclassified the service provider’s probationary licence or full licence as a provisional licence, the Director may forward to the service provider a revised provisional licence that—
(a)
specifies additional conditions that must be complied with for the revocation of the provisional licence and the return of the probationary or full licence, as the case may be; and
(b)
specifies for each condition the date by which the condition must be complied with.
(1B)
A revised provisional licence forwarded to the licensed service provider under subclause (1A) replaces the previous provisional licence held by the service provider.
(2)
In regulation 16(2), replace “was”
with “is”
.
(3)
Replace regulation 16(2A) with:
(2A)
A date specified under subclause (1A)(b) will usually be a date not more than 3 months after the day on which the revised provisional licence under subclause (1A) is forwarded to the licensed service provider.
6 Regulation 17 amended (Duration of provisional licence)
(1)
In regulation 17(2)(a), after “regulation 16(1)(a)”
, insert “or (1A)(a)”
.
(2)
In regulation 17(4)(a), after “regulation 16(1)(a)”
, insert “or (1A)(a)”
.
7 New regulations 29A to 29F and cross-heading inserted
After regulation 29, insert:
Actions by Director of Regulation
29A Record of non-compliance
(1)
The Director of Regulation may take action under this regulation in relation to a licence held by a licensed service provider if satisfied that—
(a)
the service provider has not complied with a requirement of these regulations or a condition of their licence; and
(b)
the non-compliance has been subsequently rectified by the service provider; and
(c)
keeping a record of the non-compliance is warranted in the circumstances.
(2)
The Director may keep a written record of the non-compliance.
(3)
The record must contain a brief description of—
(a)
the non-compliance; and
(b)
the action taken by the licensed service provider to rectify it; and
(c)
the Director’s reasons for believing the non-compliance warrants recording.
(4)
The Director of Regulation must ensure that the licensed service provider is notified as soon as is reasonably practicable after a record of non-compliance is made by the Director.
29B Formal warning
(1)
The Director of Regulation may take action under this regulation in relation to a licence held by a licensed service provider if satisfied that the service provider has not complied with, or is not complying with,—
(a)
a requirement of these regulations; or
(b)
a condition of their licence.
(2)
The Director of Regulation may, by written notice, issue a formal warning to the licensed service provider.
(3)
The notice must state—
(a)
the reasons for the formal warning; and
(b)
the steps that must be taken by the licensed service provider by a specified date to avoid further action.
(4)
The notice may contain any other information that the Director of Regulation thinks appropriate.
29C Written direction to remedy risk to health and safety
(1)
The Director of Regulation may take action under this regulation in relation to a licence held by a licensed service provider if satisfied that—
(a)
the service provider has breached, or is likely to have breached,—
(i)
a requirement of these regulations; or
(ii)
a condition of their licence; and
(b)
the non-compliance poses a risk to the health and safety of any person.
(2)
The Director of Regulation may, by written notice, direct a licensed service provider to take a specified action to remedy the risk to the health and safety of any person within—
(a)
24 hours; or
(b)
any longer period up to a maximum of 10 working days.
(3)
A direction under subclause (2)(b) may be given only if the Director is satisfied that the licensed service provider can continue to operate the service without risk to the health and safety of any person.
(4)
The direction must specify the date (in accordance with subclause (2)) by which the licensed service provider must carry out the specified action.
(5)
The Director of Regulation may, in the written notice, impose any conditions that the Director thinks fit relating to—
(a)
remedying the risk to health and safety; or
(b)
the continued operation of the service.
(6)
The Director of Regulation may amend or revoke a direction given under subclause (2).
(7)
If the Director of Regulation amends or revokes a direction, the Director must provide written notice to the licensed service provider of the following:
(a)
the amendment or the revocation:
(b)
the reasons for the amendment or revocation:
(c)
in the case of an amendment, the date by which the direction must be complied with (which must not exceed the 10-working-day time frame that applied to the original direction).
29D Specialist help
(1)
The Director of Regulation may take action under this regulation in relation to a licence held by a licensed service provider if satisfied that the service provider has not complied with, or is not complying with,—
(a)
a requirement of these regulations; or
(b)
a condition of their licence.
(2)
The Director of Regulation may, by written notice, require the licensed service provider to employ or engage specified specialist help for the purpose of facilitating compliance with these regulations or applicable licence conditions, or both.
(3)
The notice must specify—
(a)
the non-compliance that the specialist help must address; and
(b)
the date by which the non-compliance must be addressed.
(4)
The notice may do either or both of the following:
(a)
identify particular persons or types of persons whom the licensed service provider must employ or engage:
(b)
require the service provider to give the Director of Regulation a report or reports (for example, a progress report and a final report) on the specialist help—
(i)
by the specified time; or
(ii)
at the specified intervals; or
(iii)
both.
(5)
A licensed service provider who receives a notice under subclause (2) must—
(a)
employ or engage the specialist help as soon as is reasonably practicable; and
(b)
pay the fees and reasonable expenses of any person employed or engaged to provide specialist help; and
(c)
if applicable, provide a report to the Director at the time or intervals specified in the notice.
(6)
The Director of Regulation may amend or revoke 1 or more requirements specified in the notice, including the time frame for implementing 1 or more requirements.
(7)
If the Director of Regulation amends or revokes any requirements specified in the notice, the Director must notify the licensed service provider in writing of—
(a)
the amendment or revocation; and
(b)
the reasons for the amendment or revocation.
29E Improvement plan
(1)
The Director of Regulation may take action under this regulation in relation to a licence held by a licensed service provider if satisfied that the service provider has not complied with, or is not complying with,—
(a)
a requirement of these regulations; or
(b)
a condition of their licence.
(2)
The Director of Regulation may, by written notice, require the licensed service provider to prepare, implement, and complete an improvement plan.
(3)
The notice must specify—
(a)
the non-compliance that the improvement plan must address; and
(b)
the date by which the non-compliance must be addressed.
(4)
A licensed service provider who receives a notice under subclause (2) must prepare a draft improvement plan within 15 working days after receiving the notice and submit it to the Director of Regulation for approval.
(5)
The Director of Regulation may negotiate with the licensed service provider to agree an improvement plan, but if, after a reasonable period, the service provider and the Director have not agreed a plan, the Director may give notice to the service provider that the Director will approve a particular plan and require it to be implemented.
(6)
When the Director of Regulation has approved a particular improvement plan, the licensed service provider must implement it in accordance with its terms, unless the Director directs otherwise.
(7)
The Director of Regulation may amend or revoke 1 or more terms of the improvement plan, including the time frame for implementing or completing all or part of the plan.
(8)
If the Director of Regulation amends or revokes a term of the improvement plan, the Director must notify the licensed service provider in writing of—
(a)
the amendment or revocation; and
(b)
the reasons for the amendment or revocation.
29F Public notice of non-compliance
Mandatory public notice
(1)
The Director of Regulation must give public notice of non-compliance by a licensed service provider with a requirement of these regulations or a condition of their licence if the Director has taken 1 of the following actions in relation to the licence:
(a)
reclassified the licence as a provisional licence under regulation 15:
(b)
suspended the licence under regulation 30:
(c)
cancelled the licence under regulation 32.
Discretionary public notice: non-compliance with regulations or licence condition
(2)
The Director of Regulation may give public notice of non-compliance by a licensed service provider with a requirement of these regulations or a condition of their licence if satisfied that—
(a)
it is in the public interest to do so; and
(b)
the circumstances in subclause (3) apply.
(3)
The circumstances are that the Director has taken 1 or more of the following actions against the licensed service provider in relation to their licence:
(a)
given the service provider a written direction to remedy a risk to health and safety under regulation 29C:
(b)
required the service provider under regulation 29D to employ or engage specialist help:
(c)
required the service provider under regulation 29E to prepare, implement, and complete an improvement plan.
Requirements of public notice
(4)
Public notice given under subclause (1) or (2) must contain—
(a)
a summary of the action taken by the Director; and
(b)
if applicable, a statement that action has been taken by the Director under—
(i)
regulation 17(1)(a) or (b); or
(ii)
regulation 31(5)(a) or (b).
(5)
The Director must ensure that the public notice does not contain personal information (within the meaning of section 7(1) of the Privacy Act 2020), unless the Director considers that publicly notifying the information is necessary to achieve the purposes of these regulations.
8 Regulation 30 amended (Suspension of licences)
Replace regulation 30(1)(a) with:
(a)
both of the following apply:
(i)
an immediate risk to the health, safety, or well-being of children attending or participating in the service exists; and
(ii)
it is not in the interests of the children attending or participating in the service for the service to continue to operate; or
9 Regulation 32 amended (Cancellation of licences)
Replace regulation 32(1)(e)(i) with:
(i)
has previously had a probationary or full licence reclassified as a provisional licence; and
10 Regulation 39A amended (Powers of Director of Regulation in exceptional circumstances)
After regulation 39A(3)(f), insert:
(fa)
extend, by not more than 3 months, the date for compliance with any requirement imposed under regulation 29B, 29C, 29D, or 29E:
11 Regulation 54A revoked (Secretary may direct service provider to remedy immediate health and safety risk)
Revoke regulation 54A.
12 New regulation 59A inserted (Public notification of investigation of complaint or incident)
After regulation 59, insert:
59A Public notification of investigation of complaint or incident
Discretionary public notification: investigation of complaint or incident
(1)
Subclause (2) applies if the Director of Regulation decides to investigate a complaint against, or an incident involving, a licensed service provider in the following circumstances:
(a)
a complaint has been made against the service provider alleging non-compliance with a requirement of these regulations or a condition of their licence, and the Director considers that the complaint warrants investigation:
(b)
an incident involving a child has occurred at the premises of the service provider, and the Director considers that the incident warrants investigation.
(2)
The Director of Regulation may give public notification of the investigation.
Requirements relating to public notification
(3)
Public notification given under subclause (2) must contain a summary of the incident or complaint being investigated.
(4)
The Director must ensure that the public notification does not contain personal information (within the meaning of section 7(1) of the Privacy Act 2020), unless the Director considers that publicly notifying the information is necessary to achieve the purposes of these regulations.
Requirement to inform parents or caregivers of investigation into complaint or incident
(5)
The Director of Regulation may, instead of, or in addition to, giving notice under subclause (2), require the licensed service provider to inform parents or caregivers of children attending the service that an investigation into a complaint or an incident (as the case may be) is being carried out by the Director or the licensed service provider, or both.
Rachel Hayward,
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 29 June 2026, amend the Education (Early Childhood Services) Regulations 2008 (the principal regulations).
The amendments enable the Director of Regulation (the Director), who is appointed under the Education and Training Act 2020, to take 1 or more of the following actions against a licensed service provider of an early childhood service who has not complied with, or is not complying with, a requirement of the principal regulations or a condition of their licence:
keep a record of the non-compliance (new regulation 29A):
issue a formal warning to the service provider (new regulation 29B):
give a written direction to the service provider to remedy a risk to the health and safety of any person (new regulation 29C):
require the service provider to employ or engage specialist help (new regulation 29D):
require the service provider to prepare, implement, and complete an improvement plan (new regulation 29E):
give public notice of non-compliance by the service provider with a requirement of these regulations or any condition of their licence that has resulted in the reclassification, suspension, or cancellation of the licence (new regulation 29F(1)):
at the discretion of the Director, give public notice of non-compliance by the service provider with a requirement of these regulations or any condition of their licence that has resulted in a written direction to remedy a risk to health and safety being given to the service provider or a requirement being imposed on the service provider to obtain specialist help or to prepare, implement, and complete an improvement plan (new regulation 29F(2) and (3)).
The amendments also enable the Director to—
reclassify a licensed service provider’s licence as a provisional licence if certain actions have been taken or certain requirements have not been complied with (new regulation 15(1)):
impose additional conditions that need to be complied with for the revocation of a licensed service provider’s provisional licence and the return their probationary or full licence (new regulation 16(1A) and (1B)):
increase the threshold for 1 of the grounds for suspension of a licensed service provider’s licence (new regulation 30(1)(a)):
extend, by up to 3 months, the time frame for complying with a requirement imposed under new regulation 29B, 29C, 29D, or 29E if an epidemic notice is issued under the Epidemic Preparedness Act 2006 or a state of emergency is declared under the Civil Defence Emergency Management Act 2002 (new regulation 39A(3)(fa)):
give public notification of an investigation in relation to a licensed service provider if there has been a complaint or an incident involving the service provider (new regulation 59A).
Regulatory impact statement
The Ministry of Education produced a regulatory impact statement on 11 April 2025 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 9 April 2026.
These regulations are administered by the Ministry of Education.
Versions
Education (Early Childhood Services) Amendment Regulations 2026
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