Supplementary Order Paper No 162

No 162

House of Representatives

Supplementary Order Paper

Tuesday, 31 May 2022

Education and Training Amendment Bill (No 2)

Proposed amendments

Hon Chris Hipkins, in Committee, to move the following amendments:

Clause 2

After clause 2(1) (page 5, after line 6), insert:

(1A)

The items relating to the Education (Early Childhood Services) Regulations 2008 in Schedule 4 come into force on 1 February 2023.

Clause 5

In clause 5(1), replace the new definition of excluded early childhood service (page 6, lines 14 and 15) with:

excluded early childhood service means any of the following:

(a)

a kōhanga reo chartered to Te Kōhanga Reo National Trust Board:

(b)

an early childhood service that proposes to teach in te reo Māori at, or close to, full immersion:

(c)

an early childhood service that—

(i)

proposes to teach in te reo Māori for the majority of the time; and

(ii)

is affiliated to a body that is recognised by the Minister, by notice in the Gazette, as meeting criteria set under subsection (3A):

(d)

an early childhood service that—

(i)

proposes to teach in te reo Māori for the majority of the time; and

(ii)

will be provided by, or associated with, an iwi or Māori organisation that is recognised by the Minister, by notice in the Gazette, as meeting criteria set under subsection (3A)

After clause 5(11) (page 7, after line 15), insert:

(11A)

After section 10(3), insert:

(3A)

The Minister may, by notice, set criteria relating to the recognition of bodies and iwi or Māori organisations for the purposes of paragraphs (c) and (d) of the definition of excluded early childhood service in subsection (1).

After clause 5(15) (page 8, after line 2), insert:

(16)

After section 10(12), insert:

(13)

A notice under subsection (3A) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Clause 5B

In clause 5B, new section 17A(1), replace “approving an application to apply” (page 9, line 27) with “granting an approval to apply”.

In clause 5B, replace new section 17A(1)(b) (page 9, lines 31 and 32) with:

(b)

that require the applicant to—

(i)

meet milestones set by the Minister:

(ii)

provide regular progress reports to the Ministry.

In clause 5B, new section 17B(1), replace “approving an application to apply” (page 10, line 8) with “granting an approval to apply”.

In clause 5B, new section 17B(1), replace “2 years after the date on which the approval is given” (page 10, line 10) with “3 years after the date on which the approval is granted”.

In clause 5B, new section 17B(2)(a), replace “2 years” (page 10, line 12) with “3 years”.

In clause 5B, new section 17B(2)(b), replace “4 years” (page 10, line 16) with “5 years”.

Clause 47

Replace clause 47(9) (page 26, line 29) with:

(9)

In section 534(7)(a), replace “provisions in relation to students under the age of 18 years and in relation to students aged 18 years or over.” with “provision for students under the age of 18 years and students aged 18 years or over:”.

In clause 47(10), replace new section 534(7)(aa) (page 26, lines 31 to 33) with:

(b)

that applies in respect of students undertaking study or training with a provider, applies whether the students undertake the study or training in New Zealand or in another country.

Schedule 4

In Schedule 4, item relating to regulation 3 of the Education (Early Childhood Services) Regulations 2008, replace “its” (page 53, line 4) with “their”.

In Schedule 4, item relating to regulation 3 of the Education (Early Childhood Services) Regulations 2008, after the definition of applicant (page 53, after line 11), insert:

excluded early childhood service has the same meaning as in section 10(1) of the Act

In Schedule 4, item relating to the Education (Early Childhood Services) Regulations 2008, replace new regulation 6(3)(aaa) (page 53, lines 16 to 21) with:

(aaa)

as applicable,—

(i)

the early childhood service is an excluded early childhood service; or

(ii)

the individual or entity that intends to operate the early childhood service has been granted approval under section 17 of the Act to apply for a licence to operate the service and—

(A)

that approval has not expired or been revoked; and

(B)

the application is consistent with that approval; and

(C)

any conditions imposed on that approval under section 17A of the Act have been satisfied; and

In Schedule 4, item relating to the Education (Early Childhood Services) Regulations 2008, replace new regulation 22(5)(e) (page 56, lines 1 to 3) with:

(e)

that are consistent with the approval to apply for a licence granted under section 17 of the Act:

(f)

that are a continuation of any conditions on the approval to apply for a licence imposed under section 17A of the Act:

(g)

in the case of an excluded early childhood service, that relate to the type of excluded early childhood service.

Explanatory note

This Supplementary Order Paper makes changes to the Education and Training Amendment Bill (No 2) (the Bill), which amends the Education and Training Act 2020 (the Act).

Clause 2, which relates to commencement of the Bill, is amended to change the commencement of the items in Schedule 4 that amend the Education (Early Childhood Services) Regulations 2008. The change is necessary to align with new clause 3A, which provides that new sections 17 to 18C come into force on 1 February 2023.

Clause 5, which amends section 10 of the Act relating to interpretation, is amended to add the following early childhood services to the new definition of excluded early childhood service:

  • an early childhood service that proposes to teach in te reo Māori at, or close to, full immersion:

  • an early childhood service that proposes to teach in te reo Māori for the majority of the time and is affiliated to a body that is recognised by the Minister of Education (the Minister) by notice in the Gazette:

  • an early childhood service that proposes to teach in te reo Māori for the majority of the time and that will be provided by, or associated with, an iwi or Māori organisation that is recognised by the Minister by notice in the Gazette.

The effect of the change is that ministerial approval to apply for a licence to operate an early childhood service under new section 17 (as replaced by the Bill) is not required for these services.

Clause 5 is also amended to insert new section 10(3A) and (13) into the Act, which enable the Minister, by notice, to set criteria relating to the recognition of bodies and iwi and Māori organisations for the purposes of the new definition of excluded early childhood service and clarify the status of the notice as secondary legislation.

Clause 5B, which inserts new sections 17A to 17D into the Act relating to the requirement to obtain ministerial approval, is amended to—

  • make minor drafting corrections in new sections 17A(1) and 17B(1):

  • adjust new section 17A(1)(b) so that the Minister may, when granting ministerial approval, impose a condition that requires the applicant to meet milestones set by the Minister:

  • extend the expiry date of ministerial approval set out in new section 17B(1) and (2)(a) from no more than 2 years after the date on which the approval is granted to no more than 3 years after that date:

  • extend the expiry date of an extension of ministerial approval in exceptional circumstances set out in new section 17B(2)(b) from no more than 4 years after the date on which approval is granted to no more than 5 years after that date.

Clause 47, which amends section 534 of the Act relating to pastoral care codes of practice, is amended to make minor drafting changes to section 534(7)(a) and to update the numbering of new section 534(7)(aa).

Schedule 4, which makes consequential amendments to secondary legislation, is amended to include further amendments to the Education (Early Childhood Services) Regulations 2008 so that an application for a licence to operate an early childhood service, and special conditions placed on a licence, are consistent with the approval to apply for a licence granted under new section 17 or with the type of excluded early childhood service concerned.

Departmental disclosure statement

The Ministry of Education considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.