Look at the options for the structure of your service. Consider:

• the governance and management structure
• the number of people in your governance and management groups
• how to appoint or elect the right people to these groups.

Make sure you have the right roles to meet requirements in the Education (Early Childhood Services) Regulations 2008.

Roles defined in the regulations#

The Education (Early Childhood Services) Regulations 2008 define 3 distinct positions of responsibility in a centre-based education and care service:

• Service provider.
• Contact person.
• Person responsible.

See the relevant legislation.

Education (Early Childhood Services) Regulations 2008 – New Zealand Legislation

Service provider#

A service provider is a body, agency, or person operating the early childhood service. The service provider is the holder of the licence and is legally responsible for meeting regulatory requirements.

An application for a licence made on behalf of a service provider must be made by a fit and proper person to be involved in the management of the service as described in the regulations.

Contact person#

The contact person is a person nominated by the service provider to represent its management. This person’s name is displayed on the Certificate of Licence. The contact person must:

• be able to respond to the Ministry of Education as soon as practicable on any issue relating to licensing
• have authority to act on behalf of the service provider, and
• reside locally.

A person will generally be considered to ‘reside locally’ if they live within the geographical boundaries serviced by the regional Ministry of Education office. Contact your regional office if you are unsure whether the contact person would meet this requirement.

Regional offices

Person responsible#

The person responsible:

• is 1 or more persons nominated for the purpose by the service provider
• is directly involved in, and primarily responsible for, the day-to-day education, care, comfort, health and safety of the children
• must supervise the children and the adults providing education and care, at all times while children attend the service
• must hold an early childhood education or primary teaching qualification recognised by the Teaching Council of Aotearoa New Zealand for registration purposes, and
• must hold a current practising certificate.

There must be 1 person responsible for every 50 children.

Management group#

If a management group has been elected, the members need to be people with an interest in the service, who will be able to:

• attend meetings regularly
• assist with decision-making, and
• help manage the service.

The management group is formed at the annual general meeting and includes:

• a representative from the teaching team who has the most responsibility for the day-to-day running of the service, usually the ‘person responsible’ (electing a teacher to the management group is not advisable because of the conflict of interest)
• the contact person
• parents or whānau | families and community representatives who are elected at the annual general meeting.

Depending on the size of your service, your management group will have between 5 and 8 members.

Managing your service#

Managing is doing the day-to-day things at the service, so your long-term plan is achieved. For example, if you are buying some new books for the children, you are managing.

When you are managing, it is important to make sure you hear and respond to the views and concerns of the teachers. It is important the management group does not take over or interfere with the teachers’ responsibilities.

Every service is different. In some big services, there can be separate governance and management groups. In smaller services, there is often 1 group that is responsible for both governing and managing.

Managing includes such things as:

• making sure the regulations are met on a daily basis
• preparing budgets and financial accounts
• implementing the goals and policies
• buying and looking after resources
• making sure families and the community are up to date with what is happening with the service.

The governance group is responsible for developing and reviewing the service’s policies. The management group will be responsible for developing and implementing procedures that bring the policies to life.

It is important that the management group knows that their responsibility is:

• efficient administration of the service
• accurate financial accountability
• employment of staff
• to make sure funding received is used towards achieving the goals of the service.

Governing group or board#

A governing board may be elected or appointed from:

• parents and whānau
• the community
• stakeholders
• the contact person.

Governance groups usually have 3 officers:

• Chairperson who leads the board.
• Secretary who's in charge of administration.
• Treasurer who looks after the finances.

The size of your governing board is set out in your constitution or trust deed. The size that works best is between 5 and 8 people.

Chairperson#

The chairperson is responsible for:

• leading strategic planning
• managing relationships
• making sure risks to the organisation are managed
• making sure all governing body members can contribute to debate and decision-making
• managing governing body processes.

Secretary#

The secretary is responsible for:

• taking minutes at meetings
• dealing with correspondence
• keeping files
• making sure the roll is kept up to date.

Treasurer#

The treasurer needs to be familiar with the Ministry of Education's funding details.

The treasurer:

• makes sure the financial records are kept up to date and accurate
• manages income and banking
• makes payments
• keeps the cash book up to date
• reconciles bank statements
• issues receipts.

The treasurer will be responsible for balancing the cash book and bank reconciliations. The treasurer organises the financial records to be audited.

Police vets#

Police vets must be completed for anyone who, in the course of their work for the service provider, is not defined as a children's worker. This is set out in Schedule 4 of the Education and Training Act 2020.

Schedule 4 of the Education and Training Act 2020 – New Zealand Legislation

Responsibilities of governing#

What governing is#

Governing is the responsibility for the long-term health and prosperity of the service. It includes:

• creating a vision of what your service will be like in the future
• making sure your service will provide high quality early childhood education for children in 2 years, 5 years, 10 years and beyond
• long-term projects or issues rather than day-to-day matters.

A job description for governing#

When you govern, you need to be always asking yourself, “Is what I am doing going to make the service better in the future?”

The job of governing includes:

• setting the direction for the service
• setting performance targets
• developing and following through on policies
• making sure the service has the capacity to do all the things you would like it to do, such as staff, equipment and money
• exercising control by measuring performance against the targets you have set
• understanding what risks the service might incur and having a plan to minimise them
• regular reporting.

In your governing meetings, you must:

• exercise a ‘duty of care’ (this is defined as “the standard of care which an ordinary man might expect to take on his own behalf”)
• act honestly
• do not use your position for advantage (your responsibility is to the service, and you must not try and gain a personal benefit)
• comply with legislation
• comply with the Ministry of Education’s requirements
• act in the best interests of the service at all times.

What you're responsible for when you govern#

Governing includes such things as:

• making sure the service provides quality education for the children so that families will choose your service
• making sure your service meets the needs of families, both now and in the future, the community, staff, the Ministry, the Education Review Office and other interested parties
• meeting all your responsibilities on time and at all times
• defining the purpose, values/beliefs and aims of the service
• developing written policies and procedures
• reviewing progress and responsibilities as described in the long-term plan
• making sure your service keeps families and the community informed and involved.

Terms of office#

Usually, the members of the governance group will be elected at the annual general meeting. In some services established by an umbrella organisation, they may be appointed.

Good practice is to elect each member of the governing group for a term of 2 years with a right to be elected for another term of 2 years. It is usual to elect half the number of the group 1 year and another half the following year. This provides continuity from year to year.

Who should attend governing meetings#

Governing meetings are for the governing group to have a structured discussion about governance issues. Parents and whānau or other interested people who may attend do not automatically have speaking rights and are not entitled to vote.

Stakeholders#

Those elected to govern are representing the parents or whānau and others who have an interest in the success of the service, the stakeholders.

For most services, the following is a sample list of stakeholders:

• parents and whānau
• the community which the service operates within
• the Ministry of Education
• the Education Review Office
• staff and contractors
• children
• suppliers to the service
• neighbours
• owners of the home or building from which the service operates
• Oranga Tamariki
• Inland Revenue Department
• other government agencies
• local, district and regional authority
• funders and sponsors
• the church or other ‘umbrella’ group.

It is important for the governing group to review its list of stakeholders each year to make sure it is up to date. The governing group should agree which stakeholders are the most important.

Meeting with stakeholders

The governing group should meet with stakeholders each year. The meeting might only take 20 to 30 minutes but can provide valuable information for the governing group about the future of the service.

The governing group might plan to meet with 1 of the important stakeholder groups every second or third governing meeting. The stakeholder group should be provided with the long-term plan prior to the meeting.

Communication with stakeholders

Good quality and frequent communication with stakeholders help to keep everyone involved and up to date.

Some stakeholders need frequent communication. Some not so often.