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Duty to advise#
Service providers must advise the Director of Regulation of any changes of circumstances for any person covered by their statutory declaration.
Education (Early Childhood Services) Regulations 2008, Regulation 35 – New Zealand Legislation
Changes we need to know about#
Changes we need to know about are defined in statutory declaration requirements in the Education (Early Childhood Services) Regulations 2008, Regulation 7.
Education (Early Childhood Services) Regulations 2008, Regulation 7 – New Zealand Legislation
Convictions#
We need to know about changes to:
- any previous conviction for any offence
- any involvement in, or association with, an organisation that has been convicted of an offence.
Health#
We need to know about changes to any history of health conditions that may affect someone’s ability to comply with the Education and Training Act 2020 and Education (Early Childhood Services) Regulations 2008.
Personal, property, business and employment#
We need to know about changes to:
- any property order or personal order under the Protection of Personal and Property Rights Act 1988
Protection of Personal and Property Rights Act 1988 - any money owed, or previously owed, to the Crown, including bodies that people covered by the statutory declaration have been involved in managing
- any adjudication of bankruptcy under the Insolvency Act 2006 or the Insolvency Act 1967
Insolvency Act 2006 – New Zealand Legislation
Insolvency Act 1967 – New Zealand Legislation - any prohibition on being a director or promoter of, or being concerned or taking part in the management of:
- a company, or
- any other body corporate
- any current or previous role as a governing member of an entity or organisation that became insolvent, including being placed in liquidation, receivership, or voluntary administration
- any prohibition against acting as an employer or an officer of an employer under the Employment Relations Act 2000.
Employment Relations Act 2000, Section 142M – New Zealand Legislation
Licensing#
We need to know about any changes to any previous involvement in an early childhood service where:
- an application for a licence was refused, or
- a licence was suspended or cancelled.
Other matters you may need to declare#
Regulation 7 of the Education (Early Childhood Services) Regulations 2008 allows the Director of Regulation to ask for a statutory declaration about any other matter they think is important.
Teacher registration#
On the statutory declaration form, you need to declare a previous registration with the Teaching Council of Aotearoa New Zealand, and if that registration was cancelled for any reason. You need to tell us if this changes.
Service provider legal status#
You should tell us if the service provider’s legal status changes. For example, if it is removed from the Companies Register or any other public register.
Who the statutory declaration must cover#
If a group of people runs the service, the statutory declaration must cover the people in charge of the organisation that is the service provider. In most cases, the deed of incorporation for the legal entity will show this.
Here are the most common types of service providers.
Incorporated society#
The statutory declaration should cover the office holders (such as the president, secretary and treasurer).
Trust board#
The statutory declaration should cover the board members.
Company#
The statutory declaration should cover the company director or directors.
Individual person (whether registered as a legal entity or not)#
The statutory declaration should cover only that person.
Unincorporated body#
The statutory declaration should cover the people who identify themselves as being part of the governing body.
New governance members#
You do not need to tell us every time someone new becomes part of the service provider. However, you must tell us if that person’s circumstances make the information you have provided in the statutory declaration incorrect.
This means you will need to have a way of asking governance members how they would answer the questions in the statutory declaration, to understand if the declaration you have made remains correct.
It’s a good idea to look at the declaration made on behalf of the service provider at each annual general meeting (AGM) or at another regular interval to make sure it continues to be correct.
How to get the information#
As the person signing the statutory declaration, you must make sure the information is correct. You can do this in different ways, like:
- information gathered through your recruitment or election processes
- personal knowledge of the person
- verbal assurances
- written attestation
- seeking police vets in relation to past convictions
- individual statutory declarations from each person covered – so the statutory declaration to the Ministry of Education becomes a composite of individual declarations to the applicant.
How to let us know about changes of circumstances#
Contact your Ministry of Education regional office as soon as possible to discuss the change of circumstances. A new statutory declaration may be required.
Review of new information#
A change of circumstances does not automatically stop you getting or keeping a licence. We will review the new information and decide whether the service provider continues to be fit and proper to hold a licence.
Each situation is looked at individually. Given the range of unique circumstances that may be identified, all decisions are made on a case-by-case basis.
