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Ministry of Education New Zealand

Who needs a licence#

Providing early childhood education and care services in New Zealand is regulated under the Education and Training Act 2020.

Depending on the type of service you want to provide, you may need to:

  • obtain a licence or certificate from the Education Review Office (ERO), and
  • obtain consents or approval from other agencies.

To receive government funding, your service will need to be licensed or certificated.  

Becoming licensed or certificated means meeting required standards for education and care, including: 

  • health and safety
  • curriculum
  • premises and facilities
  • governance and management
  • child protection. 

Find out more about the laws and regulations that apply for different types of early learning services.

Laws and regulations for early learning services

Who does not need a licence#

In some situations, a licence is not required, even if 3 or more children under the age of 6 who are not enrolled in school regularly attend. This includes:

  • a registered school
  • a hostel
  • an Oranga Tamariki residence
  • a health or hospital institution run by the Ministry of Health or Health NZ
  • a hospital care institution
  • a children’s health camp funded by state services to provide education services
  • premises where all the children who are present are members of the same family and in the care of a family member or a caregiver who is not acting for gain or reward.

A licence may still be required if there are 3 or more children under the age of 6 who are not enrolled in school and are the children of:

  • staff members
  • people attending the premises as residents or students.

Decision flowchart#

Use this flowchart to help you decide if you need a licence.
This 4-step decision flowchart shows when an early childhood education and care service licence is required or not required.
THIS PAGE IS FOR
  • Education professionals