The service must be operating to change its name or ownership ("change identity").
How to apply
The current service provider must apply for an amendment to their licence. There is no fee for this.
If you are selling a service or have questions about changing the identity of a service provider, contact the Education Review Office.
The below document has more information about changing the identify of a service provider.
Change of identity of an early learning service provider Download PDF | 120KB
You must also contact the Education Review Office before applying for a licence amendment if:
your service is not currently operating
your licence has been suspended
a 'notice of intention to cancel' has been issued.
Contact us if you want to change the legal name of your service and are:
selling multiple services
a large provider
the Kindergarten Association.
Change of identity form and statutory declaration
Fill in the 'EC9 application form to change a service's name or ownership' to:
sell or transfer ownership of a service to another legal entity
change the legal name of the service provider
change the service provider ownership type, for example, change from a sole trader to a company.
If you are buying, selling or transferring ownership of a service, the statutory declaration must be completed by the proposed new operator.
EC9 application form to change a service's name or ownership Download PDF
See more information about making a statutory declaration on the New Zealand Government website.
Making a statutory declaration – New Zealand Government
Send the completed forms to your national office.
After you apply
You must continue to operate your service and comply with all regulations.
The application will be processed and assessed within 30 working days.
You must have written evidence of a change of management or sale of your service before we can amend your licence. This is usually provided by a legal representative from both parties. The licence number of the service will not change when there is a change of service provider.
If you are changing management of your service, our assessment may include:
a police vet of anyone involved at governance level
a review of the documentation provided with the application
making sure all children's workers are properly safety checked.
If you are changing management of your early learning service, we will do a fit and proper assessment as set out in Part 8 of the Education (Early Childhood Services) Regulations 2008.
Education (Early Childhood Services) Regulations 2008 – New Zealand Legislation
If the proposed service provider is assessed as not fit and proper to operate the service, your application will be declined. The current service provider named on the licence will still be responsible for operating the service.
The new owner does not need to gather new evidence for safety checking existing staff at the service.
They must do their own risk assessment for each staff member. They must do a full safety check of existing staff if any records:
are unclear
are incomplete
suggest a person poses a risk to children's safety.
When the licence is amended, the new service provider is legally responsible for operating the service. The former service provider has no legal responsibilities but must hold financial and other records for the period set out in legislation.
Between 6 to 9 weeks after the licence is amended, we will visit your early learning service to make sure you are meeting regulatory requirements. We may ask you to send us documentation before we visit.
If your service is not compliant with your licence criteria, we may reclassify your licence.
What happens when early learning services do not meet compliance
If your application is declined
You can reapply for a licence amendment if your circumstances change.
You can appeal the decision to a District Court within 14 days after receiving notice that your application was declined.