CONTENTSA home-based education and care service is defined in Section 10 of the Education and Training Act 2020 as the provision of education or care, for gain or reward, to children who are under the age of 5 years, or who are aged 5 years but not enrolled at school, in:
- the children’s own home or
- the home of the person providing the education or care or
- any other home nominated by a parent of the children.
Education and Training Act 2020, Section 10 – New Zealand Legislation
Home-based services may be licensed under the Education and Training Act 2020 and comply with the Education (Early Childhood Services) Regulations 2008. The regulations set the minimum standards services must meet to operate.
Education (Early Childhood Services) Regulations 2008 – New Zealand Legislation
To gain and keep a licence, home-based services must demonstrate that they meet these requirements. The licensing criteria are secondary legislation and are used to assess compliance with most of the regulatory standards.
There are no licensing criteria for the Qualifications, Ratios, and Service Size standard. Compliance with this standard is assessed directly against the requirements set out in the schedules to the Education (Early Childhood Services) Regulations 2008.
You can find a copy of the licensing criteria to download or print below.
The licensing criteria were last updated on 1 September 2026. The changes reflect the transfer of regulatory functions for early childhood education from the Secretary for Education in the Ministry of Education to the Director of Regulation in the Education Review Office.
You can find a comparison tables showing these changes below.
You can find information on the prescribed Curriculum Framework you must follow on our website.
From 1 September 2026, the Education Review Office (ERO) is responsible for licensing and regulating early childhood education services. You can find guidance on how to demonstrate compliance with licensing criteria as well as how to apply for a licence on the ERO's website.
