Application form and fee#

You will need to complete the application form EC1: Start a home-based service (see document below).

There is a non-refundable application fee of $2,817.50 (including GST).

General documentation#

The following general documentation is required to be submitted with your application.

Governance#

This is a list of names and roles of all persons to be involved in the governance of the service as set out in Regulation 6(3)(b).

Education (Early Childhood Services) Regulations 2008, Regulations 6 – New Zealand Legislation

Governance police vetting#

This is a copy of Police vet (less than 3 years old) for each individual involved in the governance of the service who is not a children’s worker as set out in Regulation 8(a). 

A Notice of Network Approval that has not expired can be provided to satisfy this requirement. You must still provide a Police vet for any governance member not listed on the notice, or if any member has a conviction to declare. 

A new Police vet may be required after assessment of this application in some cases. For example, the Ministry may need to further verify a declaration to be true.

Education (Early Childhood Services) Regulations 2008, Regulation 8 – New Zealand Legislation

Certificate of incorporation (if applicable)#

This is a certificate of incorporation as a company, charitable trust or incorporated society (if applicable).

Charitable tax status (if applicable)#

IRD notification of charitable tax status.

Teaching qualifications#

Certified copies of recognised teaching qualifications and evidence of practising certificates for all persons responsible (coordinators) as set out in Regulations 6(3)(a) and 44(1)(a)(i) and Schedule 1A.

Education (Early Childhood Services) Regulations 2008, Regulation 6 – New Zealand Legislation

Education (Early Childhood Services) Regulations 2008, Regulation 44 – New Zealand Legislation

Education (Early Childhood Services) Regulations 2008, Schedule 1A – New Zealand Legislation 

Read more about the role of persons responsible.

Qualification requirements and the person responsible role

Ratio of person responsible#

This is evidence of sufficient person or persons responsible at the 1:50 ratio. 

This means that there is at least 1 responsible person for every 50 children to cover all hours when children are attending and the maximum child places. 

Additional person or persons responsible may be needed depending on the hours of operation as set out in Regulation 6(3)(a) and 44(1)(d).

Education (Early Childhood Services) Regulations 2008, Regulation 6 – New Zealand Legislation

Education (Early Childhood Services) Regulations 2008, Regulation 44 – New Zealand Legislation

One person responsible per service#

This is evidence that the person responsible is not acting for more than 1 licensed service at the same time as set out in Regulation 62(2). 

Education (Early Childhood Services) Regulations 2008, Regulation 62 – New Zealand Legislation

Person responsible supervision#

This is evidence of how educators will be proactively informed of who their person responsible is and how to contact them. This must be done before children attend. 

This should also include how educators will be proactively informed if their person responsible is unavailable, such as when they are sick or on leave, as set out in Regulation 44 (1)(d)(i).

Education (Early Childhood Services) Regulations 2008, Regulation 44 – New Zealand Legislation

Educator qualifications#

This is a list of educators and their home-based service qualifications. Provide certified copies of recognised qualifications for all qualified educators or as set out in Regulation 28(1)(e) and Schedule 1A

See our advice about qualification requirements.

Qualification requirements for home-based early learning services

Education (Early Childhood Services) Regulations 2008, Regulation 28 – New Zealand Legislation

Education (Early Childhood Services) Regulations 2008, Schedule 1A – New Zealand Legislation

Addresses of premises#

This is a list showing the addresses of each of the premises to be used to provide the home-based service as set out in Regulation 10. 

Identify with an asterisk (*) any homes that are also being used by another service provider.

Education (Early Childhood Services) Regulations 2008, Regulation 10 – New Zealand Legislation 

Evidence that the contact person lives locally#

This is evidence that the service provider contact person resides locally, for example, copy of a utility bill or tenancy agreement.

A person will generally be considered to ‘reside locally’ if they live within the geographical boundaries serviced by the local Ministry of Education office. 

Contact your local Ministry of Education office to discuss further if you are unsure whether the contact person would meet this requirement.

The following plans, policies and procedures need to be submitted with your application.

Safety checking procedures#

The procedure for safety checking before employment or engagement of all people who have access to children in accordance with the Children’s Act 2014. 

Also provide copies of completed safety checking records and results for all children’s workers as set out in licensing criterion GMA205.

GMA205 Safety checking

See our safety checking advice.

Safety checking for child protection in early learning

Police vet and risk assessment for residents over 17 years of age #

The procedure to obtain a New Zealand Police vet and conduct a risk assessment of information returned in the vet for every adult aged 17 years or over who lives in a home:

• where the service is being provided, and
• where at least 1 child to whom the service is being provided does not live in the home. 

The procedure ensures a further police vet is gained, and a risk assessment is undertaken every three years as set out in Schedule 4 of the Education and Training Act 2020.

Also, provide copies of all Police vets and their results for every adult aged 17 years old or over. 

Education and Training Act 2020, Schedule 4 – New Zealand Legislation

See our risk assessment guidelines. 

Risk assessments after a Police vet for early learning services

Police vet and risk assessment for other people

The procedure to obtain a Police vet and conduct a risk assessment of information returned in the vet for:

• non-teaching and unregistered employees (who are not children’s workers) before the person begins work at the service
• contractors and their employees (who are not children’s workers) before the person has or is likely to have unsupervised access to children.

The procedure ensures a further police vet is gained and a risk assessment is undertaken every 3 years as set out in Schedule 4, Clause 8 of the Education and Training Act 2020

Education and Training Act 2020, Schedule 4 – New Zealand Legislation

See our risk assessment guidelines.

Risk assessments after a Police vet for early learning services

Child protection policy#

A written child protection policy and procedure that meets the requirements of the Children’s Act 2014. 

As set out licensing criterion HS222, the policy contains:

• provisions for the identification and reporting of child abuse and neglect
• information about how the service will keep children safe from abuse and neglect
• how it will respond to concerns of child abuse and neglect.

HS222 Child protection

Positive guidance process#

A process for providing positive guidance to encourage social competence in children as set out in licensing criterion C210.

C210 Developing social competence

Supervision plans#

Individual supervision plans for each of the premises used in connection with the service. 

The supervision plan ensures the health, safety and wellbeing of children enrolled in the service is maintained at all times and must be specific to each home in the service as set out in licensing criterion HS228.

HS228 Supervision plan

Emergency plan#

A written emergency plan to ensure the care and safety of children and the educator, both at the home and away from home. The written emergency plan must also include out-of-school care children if out-of-school care is being provided in the home, as set out in licensing criterion HS204.

HS204 Emergency plan and supplies

Parent engagement process#

A process for providing regular formal or informal opportunities for parents engage in their child’s learning as set out in licensing criterion C212. 

C212 Opportunities for parents

How parents access information#

Written or digital evidence that parents and whānau are provided with information on how to access information as set out in licensing criteria GMA201.

GMA201 Information provided to parents

Enrolment form#

A copy of the enrolment form that will be used by the service that meets the requirements of the ECE Funding Handbook as set out in licensing criteria GMA208. 

GMA208 Enrolment and attendance records

Annual plan (new providers only)#

A copy of the service’s annual plan identifying 'who', 'what', and 'when' in relation to the key tasks the service intends to undertake each year as set out in licensing criterion GMA206.

GMA206 Annual plan

Application fee payment#

Evidence that the application fee of $2,817.50, inclusive of GST, has been paid. 

Payment to Westpac Bank account number: 030049 0004125 00. 

Please use your proposed service’s name and your local Ministry office as a reference. 

RS3 funding form (recommended)#

A completed RS3 funding form is not required to be sent with your EC1 application, but we recommend you include it. It can be submitted later but must be received before government funding can be accessed.

Statutory declaration#

You will need to declare that the information you have provided is true and sign it in front of an authorised witness.

Making a statutory declaration – Govt.nz

Who does the statutory declaration have to cover? #

When the governance of the proposed service is made up of a group of people, the statutory declaration needs to cover the officers of the organisation that has identified itself as the service provider. In most cases, the deed of incorporation for the legal entity will determine this. 

The following outlines the most common scenarios for service providers. 

Incorporated society

The statutory declaration should cover the office holders (such as Secretary, Treasurer and President).

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 that identify themselves as being part of the governing body.

Other matter that needs to be declared#

Regulation 7 of the Education (Early Childhood Services) Regulations 2008 enables the Director of Regulation to require a statutory declaration for any other matter considered relevant.

Education (Early Childhood Services) Regulations 2008, Regulation 7 – New Zealand Legislation 

The Director of Regulation requires the applicant and those involved in the governance of the service to declare whether any governance members were previously registered with the Teaching Council of Aotearoa New Zealand, and that registration was cancelled for any reason. 

Getting information from the people covered by the statutory declaration #

As the person signing the statutory declaration, you must satisfy yourself that the information supplied is correct. How you collect this information from the other people covered by the statutory declaration is up to you and your organisation. There is a range of ways that this might be done, including: 

• 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 that the statutory declaration to the Ministry of Education becomes a composite of individual declarations to the applicant. 

How do I decide how to respond to the statements on the statutory declaration?#

You must tick 1 of the options at the beginning of each statement. 

If the service provider is a group of people and an affirmative answer applies to 1 or more people, you must answer in the affirmative on the statutory declaration.

Most of the statements are relatively straightforward. People will know if they have any convictions, adjudications of bankruptcy and so on.

The main exception will be statement (c) regarding health conditions. It is important to be clear about the difference between:

1. a mental or physical condition that might prevent people from managing their role in complying with the conditions of a licence or obligations under the regulations
2. any other condition that would not have this kind of impact. 

Relevant factors to consider might include, for example, health problems that require frequent hospitalisation or sick leave, or that might render a person unconscious or quickly incapacitated. Frequency and severity of those conditions might also be relevant. 

Answering in the affirmative (have) to any of the statements on the statutory declaration#

If you answer in the affirmative, you must attach all relevant information in relation to the matter. Answering in the affirmative to any statement does not automatically exclude the service provider from being deemed fit and proper to hold a licence. 

Given the range of unique circumstances that may be identified, all decisions about whether or not to grant a licence are made on a case-by-case basis.

What to do if something changes#

Regulation 35 of the Education (Early Childhood Services) Regulations 2008 requires that a service provider must notify the Ministry of Education as soon as practicable if any of the circumstances under (a) to (k) on the statutory declaration form have changed for any person who is covered by the statutory declaration.

Education (Early Childhood Services) Regulations 2008, Regulation 35 – Legislation New Zealand

You do not need to notify us every time someone new becomes part of the service provider, unless that person’s circumstances make the information you have provided on the statutory declaration incorrect. 

We will then review the new information and decide whether the service provider continues to be fit and proper to hold a licence. 

Reusing the statutory declaration#

If you intend to use the statutory declaration in subsequent licence applications for other services you may own or operate, the statutory declaration should be no older than 3 months to be accepted.

How to send us your application#

You'll need to print the form, sign it, and scan and email or post your completed form and other required documents to your regional Ministry office. 

You may like to keep a copy for your personal records.

Regional offices

If we need more information#

If we need more information from you, we will contact you and ask you to provide it to us within 10 working days.

We will start assessing your application once we have received all the required information and payment of the application fee.

Visit to your proposed service#

If you meet the requirements on the application form, we will contact you to make a time to visit at least 2 of your proposed homes from the list of homes provided in your application.

We will also visit your office so we can check any other relevant documents.

Before we visit, everything must be ready as if children are about to attend.

For example:

• the education programme should be ready
• furniture and equipment should be installed
• administrative systems should be in place.

Make sure the service provider contact person (and any other staff you want to be there) can be there when we visit.

During the visit, we will look at all aspects of your service, including:

• the homes
• the children's resources
• your teaching qualifications and ratio requirements
• health and safety considerations
• governance and management considerations.

We may take notes, photos, or other evidence to support our assessment.

For a full list of what we will check, and other documents you will need to provide, see the home-based EC3 assessment tool.

The EC3 form is the tool we use to assess that your service is meeting regulatory requirements. It lists all the requirements that you must meet at all times.

You can get the EC3 form from your regional Ministry office.

Regional offices

How long does it take?#

The regulations require us to take all reasonable steps to make a decision as to whether your application is successful within 30 working days of receiving your complete application.

If your application is successful#

We need all information and payment of the application fee before we can start assessing your application. If your application is successful, we’ll email or post you your licence.

The licence shows details about your service, such as the hours children may attend and the number of children you are allowed to have.

The initial licence you receive may be issued for a lower maximum number of children than your service can be licensed for. The maximum number is determined by considering how many children are ready to enrol and your staffing numbers.

As you increase enrolments and staffing, you can apply to increase your maximum number using an EC8 form.

If your application is not successful#

We will let you know if your application is declined and provide the rationale for that decision.