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The Education and Training Act 2020#
The Education and Training Act 2020 applies to all early learning services in New Zealand.
Education and Training Act 2020 – New Zealand Legislation
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
Agency roles and responsibilities#
We work with the Education Review Office (ERO) to make sure children receive quality education and care.
We meet regularly with ERO to discuss any issues as they arise and to review our agreed ways of working.
Our responsibilities#
We are 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 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 ERO's website.
Early learning review reports – Education Review Office
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.
