Laws governing early learning
The rules governing early childhood education in New Zealand.
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In order to operate, a licensed or certificated early learning service must meet or exceed the rules governing early childhood education.
- The three layers of rules
- The Education and Training Act 2020
- The Regulations
- The Criteria
- More information
The three layers of rules
There are three layers of rules governing early childhood education. From the broadest to the most specific, they are:
- The Education and Training Act 2020
- The Regulations
- The Criteria
We also provide guidance on how to meet or exceed these rules. We supply the early learning sector with information, explanations, examples and reminders on this website and in our Early Learning Bulletin.
When an early learning service does not meet these rules, we can use a range of tools to address the non-compliance.
1. The Education and Training Act 2020
The Education and Training Act applies to all levels of education, including early learning, schools, and tertiary / vocational education.
See the Education and Training Act 2020(external link)
2. The Regulations
The Regulations are based on the Act, and are different for early learning services and playgroups:
- Education (Early Childhood Services) Regulations 2008(external link)
- Education (Playgroups) Regulations 2008(external link)
3. The Criteria
The criteria are based on the Regulations, and are the day-to-day standards that services must follow in order to retain their licence or certificate. There are different criteria for different service types:
- Licensing criteria for centre-based education and care services 2008 (updated March 2023)
- Licensing criteria for home-based education and care services 2008 (updated March 2023)
- Licensing criteria for hospital-based education and care services 2008 (updated March 2023)
- Licensing criteria for kōhanga reo affiliated with Te Kōhanga Reo National Trust (updated September 2022)
- Certification criteria for playgroups (updated September 2022)
Below is a graphic showing how the Act, the Regulations and the Criteria apply to early learning services.
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