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Ministry for Regulation ECE regulatory sector review#
The Ministry for Regulation began a review of early childhood education 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.
Findings#
The Ministry for Regulation delivered its final report to the Minister for Regulation in December 2024 and the Government accepted all 15 recommendations made.
Read more about the Ministry for Regulation findings in the final report.
Our publications – Ministry for Regulation
Changes to Early Childhood Education regulations#
The Education and Training (Early Childhood Education Reform) Amendment Act 2025 modernised 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
Key changes#
The legislation amends the Education and Training Act 2020, by:
- clarifying the purpose, objectives and guiding principles of regulating the early childhood education (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 took effect on 23 February 2026, including establishing the Director of Regulation role 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 has responsibility for performing key regulatory functions in the ECE system including:
- issuing licenses and monitoring and enforcing compliance, including by undertaking investigations and prosecutions, as appropriate
- providing support, information, and guidance to service providers, parents, caregivers and other interested parties, and lifting 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, to be progressed as an amendment to the Education and Training (System Reform) Amendment Bill.
Education and Training (System Reform) Amendment Bill
Amending the ECE licensing criteria#
Consultation on amendments to the licensing criteria for centre-based, home-based, and hospital-based services took place in June and July of 2025.
Licensing criteria relating to the Curriculum Standard (regulation 43), Kōhanga Reo and the Certification Criteria for Playgroups was out of scope.
See the consultation report below.
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 will be used from 20 April 2026.
Until the new criteria are enacted, existing criteria still apply.
New licensing criteria for centre-based ECE services
New licensing criteria for home-based ECE services
New licensing criteria for hospital-based ECE services
Graduated enforcement tools #
The Review found that the current enforcement tools were limited, blunt and not proportionate.
In line with recommendation 8 of the review, changes to the Education (Early Childhood Services) Regulations 2008 have been made to:
- set up new tools that can be used to make sure providers follow regulations and licencing criteria
- enable the Director of Regulation to issue a public notification of non-compliance
- raise the threshold for licence reclassification and suspension, and
- enable the Director of Regulation to ensure parents and caregivers are informed of investigations into high-risk complaints or incidents, where appropriate.
These changes provide the Director of Regulation with a broader range of tools and actions to address compliance issues and risks.
These new tools will mean there will be less reliance on changing the status of a service provider’s licence to enforce compliance. This will cause fewer disruptions for services, children, parents and whānau.
Changes have also been made to improve transparency for parents and whānau.
The amended regulations will come into effect from Monday 29 June 2026.
Education (Early Childhood Services) Amendment Regulations 2026 – New Zealand Legislation
Public consultation on the draft amendments to the regulations took place in September and October 2025. See the consultation summary below.
Advice provided by the Ministry of Education#
Below is a list of the advice we provided for the early learning regulatory review.
