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Ministry of Education New Zealand
Important

New version effective 20 April 2026

This is the new version of the licensing criterion and associated guidance.

Criterion PF210#

There is an outdoor activity space that is:

  • easily accessible and available to children
  • enclosed by structures and/or fences and gates designed to ensure that children cannot leave the premises without help or the knowledge of the educator; and
  • safe, well-drained, and suitably surfaced for a variety of activities.

Guidance#

How to show you are complying #

Your indoor and outdoor activity spaces must be connected so that all mobile children can move freely between the spaces without needing help. When considering the design and layout of your premises, you should make sure that there are no barriers or obstructions preventing children moving between indoors and outside. 

To provide safe and easy access between these spaces, you may need to set up steps or a ramp between the two. 

You should regularly check the outdoor space to ensure fencing and gates are secure and in good repair. This helps maintain a safe environment and supports the requirement that children must not be able to leave the licensed premises without adults help. 

Drainage and surface

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

Your outdoor space should be safe, well drained and fit for purpose surfaces should be available for play. Good drainage is important because any surface that allows water to pool could be a safety hazard. You should also make sure there are surfaces that provide children with a soft landing.  

Fences and gates

It is important that children playing outside are safe and not able to leave the home setting unassisted or unnoticed by an adult. The most practical way of keeping children safe is to have unclimbable fences or barriers enclosing the play space. As well as being unclimbable, structures, fences and gates should not be hazardous.

Fences in home-based settings will vary in design and height. The materials fences or barriers are constructed with, height and space design, and size should also be considered. Beware of plantings (trees) and placement of moveable equipment that negate the height of the fence. If the home-based setting includes fences under 1 metre that are made of climbable materials, these can be made unclimbable with the addition of shade cloth or use of additional barrier or fencing type materials, such as brushwood fencing or chicken wire.

You may need to replace very low fences to ensure children cannot leave unnoticed.

Temporary fencing forms may be appropriate if erection is stable and secure so that a child is unable to climb over or through the barrier or push the barrier over.

The educator needs to consider how you will reduce risks caused by any significant hazards near the home such as roads, rivers, or animals.  

Gates should:

  • be of a height and design to prevent children from climbing over or through
  • have a latching mechanism that is unreachable by children.

Rural properties

A very large outside area may make supervision more difficult and the fencing of an enclosed smaller area adjacent to the home may be a sensible option.

Wire stranded farm fencing restricts movements of animals but not children, and additional covering will be required particularly when water troughs, roads, animals or farm machinery are nearby.

Electric fencing is unsuitable as a barrier.