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Changes for Early Childhood Education#
The Education and Training (Early Childhood Education Reform) Amendment Act 2025 moves forward with changes aimed at modernising the early childhood education (ECE) regulatory system in line with good regulatory practice and improving its effectiveness for children, parents and caregivers.
Education and Training (Early Childhood Education Reform) Amendment Bill – New Zealand Parliament
The legislation was initiated in response to the Ministry for Regulation’s Early Childhood Education regulatory review.
Key changes#
The legislation will amend the Education and Training Act 2020, by:
- clarifying the purpose, objectives and guiding principles of regulating the ECE system
- establishing a new statutory role, the Director of Regulation, with responsibilities for performing key regulatory functions in the ECE system
- clarifying responsibilities around the prescription of licensing criteria.
These changes to the Education and Training Act will take effect on 23 February 2026, when the Director of Regulation will be established in the Ministry of Education.
Director of Regulation role and responsibilities#
The creation of a Director of Regulation addresses issues found by the ECE regulatory review including lack of role clarity, accountability and inconsistent enforcement.
The Director will:
- issue licenses and monitor and enforce compliance, including by undertaking investigations and prosecutions, as appropriate
- provide support, information, and guidance to service providers, parents, caregivers and other interested parties, and lift understanding of what makes a good quality early childhood education experience.
Intent to transfer ECE regulatory functions#
The intention to transfer ECE regulatory functions, including the Director of Regulation role, to ERO has been announced by the Government. To enact these changes requires legislation, likely to be progressed as an amendment to the System Reform Bill, which is anticipated to be implemented in 2026.
Preparing for these changes#
We will provide information on these changes for the sector, parents and caregivers.
More information on the Bill#
The Education and Workforce Committee reported back to Parliament on the Education and Training (Early Childhood Education Reform) Amendment Bill on 29 October 2025. You can read their report and find the final Act on Parliament’s website.
Ministry for Regulation ECE regulatory sector review#
The Ministry for Regulation's sector review team began a review of early childhood education regulation in June 2024, working closely with the Ministry of Education and the Education Review Office.
Scope of review#
The scope of the review was broad and examined the regulatory systems for education, health, safety, child protection, food safety, buildings, and workplaces as they applied to the early childhood sector.
The funding settings for early childhood education were not in scope of this review.
Engagement#
A range of engagement methods were used to gather information for the review, focusing on where rules and regulations weren’t working and finding ways to make things better.
The Ministry for Regulation received over 2,320 submissions and other forms of written feedback from parents, teachers, centre owners, child advocacy groups, unions, research bodies, and others connected to the sector.
Findings#
The Ministry for Regulation delivered its final report to the Minister for Regulation in December 2024. The report made and the Government has accepted 15 for improving ECE regulation.
Read more about the Ministry for Regulation findings in the final report.
Our publications – Ministry for Regulation
Other changes to the ECE regulatory system in response to the regulatory review#
Amend the ECE licensing criteria
On 28 November 2025, Associate Minister of Education Hon David Seymour announced updated licensing criteria for home, centre and hospital-based early learning services.
The updated licensing criteria are anticipated to be used from April 2026, and more information and guidance will be provided in early 2026.
Until the new criteria are enacted, existing criteria still apply.
Amendments to ECE regulations
Once the Education and Training (Early Childhood Education Reform) Amendment Bill comes into force, regulations will be amended to provide the Director of Regulation with a new set of graduated enforcement tools to enable a more proportionate approach to enforcing compliance.
This will implement Recommendation 8 from the Regulatory Review of ECE.
Public consultation on the draft amendments to the regulations took place in September and October and has now closed. Subject to Government approval, we expect changes to the regulations to be Gazetted in early 2026.
Advice provided by the Ministry of Education#
Below is a list of the advice we provided for the early learning regulatory review.
