Compliance tools
Learn about the different tools the Ministry can use to address non-compliance in early learning services.
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When an early learning service does not meet the rules, we can use a range of tools to address the non-compliance. Which tool we use depends on the specific circumstances of each situation.
Written direction
We can issue a written direction to a service if we identify any immediate health and safety risk which needs to be remedied quickly. The timeframe to remedy a risk depends on the nature of the risk, but will never exceed 10 working days.
The written direction states the conditions a service must meet by the specified due dates. If a service does not meet the conditions of the written direction, its licence may be reclassified as provisional or suspended.
Children can continue to attend a service issued with a written direction.
Visit the link below to see the relevant regulations.
Provisional licence
We can reclassify a service’s licence as provisional if it does not comply with the Regulations or Criteria. This allows the service to continue operating while working towards compliance.
In some situations, we can also reclassify a service’s licence as provisional if there has been a complaint alleging non-compliance or an incident involving a child which warrants further investigation.
A service must display its provisional licence prominently for parents and visitors to see.
The provisional licence states the conditions a service must meet by the specified due dates. If a service does not meet the conditions of the provisional licence, its licence to operate may be cancelled.
Children can continue to attend a service while its licence is reclassified as provisional.
Visit the links below to see the relevant regulations.
Regulation 15(external link), Regulation 16(external link), Regulation 17(external link)
Suspension
We can suspend a service’s licence if it does not comply with the Regulations or Criteria, and it is unsafe for the service to continue operating due to the non-compliance.
The suspension notice will state the conditions a service must meet by the specified due date before it can resume operating. If a suspended service does not meet the conditions of the suspension notice, its licence to operate may be cancelled.
Children cannot attend a service while its licence is suspended.
Visit the links below to see the relevant regulations, including the full list of reasons when we can suspend a licence.
Regulation 30(external link), Regulation 31(external link)
Cancellation
We can cancel a service’s licence to operate if it has failed to meet the conditions of its provisional licence or suspension notice.
We can also cancel a service’s licence if the service provider operating a service has been convicted of an offence involving harm to children, violence, or fraud.
Children can no longer attend a service after its licence is cancelled.
Visit the links below to see the relevant regulations, including the full list of reasons when we can cancel a licence.
Regulation 17(external link), Regulation 32(external link)
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