The Education and Training Act 2020
The Education and Training Act 2020 applies to all early learning services in New Zealand.
Regulations
Early learning regulations are part of the Education and Training Act 2020.
Education (Early Childhood Services) Regulations 2008 – New Zealand Legislation
Education (Playgroups) Regulations 2008 – New Zealand Legislation
Licensing criteria
Criteria are used to assess compliance with the minimum standards set by the regulations.
Each type of early learning service has different criteria.
Licensing criteria for centre-based education and care services
Licensing criteria for home-based education and care services
Licensing criteria for hospital-based education and care services
Licensing criteria for kōhanga reo affiliated with Te Kōhanga Reo National Trust
Certification criteria for playgroups
This diagram shows how early childhood education (ECE) legislation works in New Zealand.
It shows 3 linked tiers of legislation:
the Education and Training Act 2020
ECE Regulations
licensing and certification criteria.
A guidance level sits outside of legislation.
First tier: The Education and Training Act 2020
The Act:
defines different types of ECE services
allows regulations and criteria to be created
enables the Minister of Education to make legislative changes through the New Zealand Gazette.
Second tier: ECE regulations
Licensed services and certified playgroups regulations sit under the Act.
Licensed services regulations include:
licensing processes
structural requirements such as adult-to-child ratios, staff qualifications, maximum numbers of children,
miscellaneous provision
standards.
Certified playgroups regulations include:
certification process
miscellaneous
standards.
Third tier: Licensing and certification criteria
Licensed services that must meet licensing criteria are:
Te Kōhanga Reo
centre-based services - including kindergartens, playcentres, education and care services, puna reo, reo rua education and care, and leo o fanau moana immersion and bilingual services
home-based services
hospital-based services.
Certified playgroups must meet certification criteria.
Guidance level
Kōhanga Reo operational and kaupapa guidance is provided by Te Kōhanga Reo National Trust Board.
The Education Review Office provides guidance for:
centre-based
home-based
hospital-based services
certified playgroups
Guidance includes:
how to show you are complying
tools to help you comply
best practice
going beyond compliance.
Summary
Overall, the diagram shows how ECE legislation flows from the Act, to regulations, to licensing and certification criteria for specific service types, with supporting guidance.
ERO responsibilities
ERO is responsible for licensing services and making sure services comply with regulated standards. We have the statutory powers, or legal authority, to intervene when services breach regulated standards. For example, we may:
issue a formal warning
issue a written direction to remedy a risk to health and safety
change a licence to provisional.
We also have the authority to suspend a service’s licence if there is an immediate risk to the health, safety or wellbeing of children. We can cancel a licence where non-compliance is not fixed.
What happens when early learning services do not meet compliance
ERO’s other responsibilities
ERO reviews all licensed early learning services and schools. This may be a general review or a review of matters relating to the performance of all New Zealand schools and licensed early childhood services. ERO’s function is set out in Section 463 of the Education and Training Act 2020.
Education and Training Act 2020 – New Zealand Legislation
You can find review reports on the website.
Early Learning Curriculum Framework – Te Whāriki
Te Whāriki gives the basis and context for the curriculum regulatory requirements in the regulations for all early learning services. The curriculum framework is set by the Minister of Education. The current framework was published in the New Zealand Gazette on 21 April 2023.
More information on Te Whāriki is available on our curriculum website Tāhūrangi.