Criterion PF112#

Outdoor activity space is:

• connected to the indoor activity space so that children can access it safely and easily (limiting outdoor access may be appropriate at times);
• safe, well-drained, and suitably surfaced for a variety of activities;
• enclosed by structures and/or fences and gates designed to ensure that children are not able to leave the premises without the knowledge of adults providing education and care;
• not unduly restricted by Resource Consent conditions with regards to its use by the service to provide for outdoor experiences; and
• available for the exclusive use of the service during hours of operation.

Guidance #

How to show you are complying#

You will need an outdoor activity space for children.

Access to the outdoors

You should ensure that your outdoor activity space is connected to the indoor area in a way that children can access it safely and easily. This might mean having child-friendly doors or gates that children can operate themselves, or keeping doors open during play periods to support free and easy movement. Make sure pathways are clear, level, and free from hazards so children can transition safely.

The outdoor area must be safe, well-drained and suitably surfaced

Your outdoor space should be safe and well drained, with surfaces suitable for the variety of activities you provide.

Having a variety of surfaces (such as natural or artificial grass, bark, concrete or paving, soft fall) supports children’s exploration and helps them to make links with the wider world. Regardless of the types of surfaces provided, each must be safe, well drained and fit for purpose. Any surface that allows water to pool is a potential safety hazard.

The types of surfacing you choose will reflect the variety of activities you provide and is likely to include a mix of surfacing.

Fences and gates

Your outdoor space must be enclosed by with suitable structures and/or fences and gates to stop children from leaving without an adult knowing. When you consider the design of any structure, fence or gate, your primary consideration must be children’s safety.

Fences and gates are suggested to:

• be at least 1.2 metres high and non-climbable as children can often scale lower barriers
• have vertical palings with no horizontal rails or toe holds
• position railings on the outside to prevent climbing
• eliminate head or limb entrapment risks.

If you use gates, they should also have a latching mechanism that is unreachable by children.

Minimum fence height requirement

The minimum fence height requirement of 1.2 metres for residential pools in New Zealand is specified in the Building Code Clause F9 – Restricting access to residential pools, which is part of the Building Act 2004.

Restricting access to the outdoors

There may be limited circumstances where it is reasonable to limit children’s access to outdoor spaces. You should only limit access to outdoor space if it supports children’s health and safety and there is a clear and justifiable reason for doing so.

The following non-exhaustive list provides some examples of where it would be fair and reasonable to limit access to outdoor space:

• a hazards check has not yet been carried out following an incident
• the weather is likely to have a negative effect on children’s health and safety (for example, there is torrential rain or an unusual weather event, like a tornado)   
• it is unsuitable for children to be outside because of poor air quality (for example, there is a bushfire or there has been an accident at a nearby factory)
• the service provider needs to resolve a hazard or hazards that are likely to have a negative effect on children (for example, there is a broken piece of equipment that would otherwise pose a risk to children)
• a government agency, such as New Zealand Police, has advised that access to outdoor spaces should be restricted
• Poor lighting at the start and end of the day (for example, before 7:30am or after 5:30pm) makes it difficult to adequately supervise children, meaning the service cannot maintain safe oversight during these hours.

Resource consent conditions

Your service must not be unduly restricted by resource consent conditions that impact on children’s outdoor experiences

Some councils may include resource consent conditions that limit children’s access to outdoor activity spaces during operating hours. These conditions must not unduly restrict your ability to provide outdoor play, exploration, and learning experiences—activities that naturally involve movement, energy, and noise.

When outdoor access is limited, it can affect children’s engagement with the curriculum. As part of the probationary licencing process, it’s important to show how your service will continue to offer developmentally appropriate outdoor experiences on a consistent basis.

Conditions are generally considered not unduly restrictive when they allow for outdoor learning and play while managing potential impacts. Examples could include, depending on the context:

• noise mitigation measures such as acoustic fencing or planting, which help reduce sound without limiting outdoor activity
• operating hours that support a full day of service (for example, 7am–6pm), balancing community needs and service delivery
• outdoor use timing that avoids early morning or late evening play, while still allowing access during the main part of the day (for example, 8.30am–5pm)
• design requirements like fence height or surfacing that help manage noise while still supporting active, engaging play.

In contrast, some resource consent conditions may unintentionally place unreasonable limits on children’s access to outdoor learning. These can include:

• preventing children from using outdoor areas for extended parts of the day
• restricting typical outdoor play behaviours such as running, climbing, or making noise
• limiting the number of children who can be outside at one time
• requiring doors or windows to remain closed, which can reduce indoor-outdoor flow
• combining multiple restrictions in a way that significantly limits children’s access to meaningful outdoor experiences.

When assessing proposed conditions, it’s important to consider whether they support or limit children’s ability to play and learn outdoors in ways that reflect their curiosity, energy, and need for exploration.

Planning your service and doing renovations

We recommend connecting with your Ministry regional office early in the planning process. This can help identify any potential licensing considerations upfront and avoid complications later.

Please note that while we’re happy to provide general guidance in this conversation, we’re not able to provide assurances regarding licensing compliance.