Early Learning Regulatory Review

The Ministry of Education has begun a comprehensive review of the early learning regulatory system. The Review’s purpose is to ensure that the regulatory system is clear and fit for purpose to support high quality educational outcomes for our youngest learners.

The Review will be completed in three tranches. The Ministry of Education consulted on the first tranche of the Review between November 2020 and February 2021.

The main aim of tranche one was to address some of the gaps in our current system including those that pose a risk to children’s health, safety and wellbeing. The proposals would most impact new early learning services, service providers that have a change in circumstance and services that have compliance issues.

Areas that require more work will be in later tranches. This will include addressing several commitments in the Early Learning Action Plan 2019-2029 and Review of Home-based Early Childhood Education.

The first round of public consultation on tranche two proposals took place between September and October 2021. Tranche two proposals relate to:

Implementing the new network management function.
Changes to qualifications requirement for all home-based ECE services.
Regulating for 80% qualified teachers and strengthening the person responsible requirement for teacher-led centres and hospital-based services.
Strengthening the person responsible requirement for home-based services.

The table below details advice provided that relates to this work.

Date of paper	Title	METIS number
29 July 2020	Cabinet Paper, Regulatory Impact Statement and Minute: Proposed changes to the early learning regulatory system [PDF, 1.5 MB]	SWC-20-MIN-0116
3 February 2020	Education Report: Review of the Early Learning Regulatory System: Scope and Timeframes [PDF, 2.8 MB]	1218418
28 February 2020	Education Report: Review of the Early Learning Regulatory System: Revised Scope and Timeframes, and Draft Cabinet Paper [PDF, 3.5 MB]	1221884
3 July 2020	Education Report: Restarting the Review of the Early Learning Regulatory System [PDF, 1.1 MB]	1234266
23 July 2020	Aide Memoire: Proposed changes to the early learning regulatory system - implications for Pacific early learning services [PDF, 799 KB]	1235632
29 July 2020	Aide Memoire: Proposed changes to the early learning regulatory system [PDF, 728 KB]	1236086
20 November 2020	Education Report: Review of the Early Learning Regulatory System: Tranche one consultation [PDF, 741 KB]	1245030
17 February 2021	Education Report: Home-based ECE qualification changes [PDF, 746 KB]	1249356
29 April 2021	Education Report:Early Learning Regulatory Review – options for regulating for 80% qualified teachers Network Management – Te Tiriti o Waitangi, appeals and other matters [PDF, 957 KB]	1253466
26 May 2021	Education Report: Early Learning Regulatory Review - tranche one proposals [PDF, 14 MB]	1250403
27 May 2021	Briefing Note: Cabinet Social Wellbeing Committee consideration of Implementing Qualification Requirements for Home-based Early Childhood Educators [PDF, 715 KB]	1260430
8 June 2021	Cabinet paper: Implementing Qualification Requirements for Home-based Early Childhood Educators [PDF, 952 KB]	CAB-21-MIN-0206
10 June 2021	Education Report: Early Learning Regulatory Review: Network Management – policy settings and consultation [PDF, 1.5 MB]	1255416
21 June 2021	Information Update: Talking points Regulatory Review LEG 21 June [PDF, 111 KB]	1263567
28 June 2021	Cabinet Paper: Education (Early Childhood Services) Amendment Regulations [PDF, 1.3 MB]	CAB-21-MIN-0242
14 July 2021	Education Report: Early Learning Regulatory Review: Network Management – Te Tiriti o Waitangi, appeals and other matters [PDF, 1.3 MB]	1265914
19 July 2021	Education Report: Early Learning Regulatory Review: Strengthening the person responsible requirements [PDF, 1.2 MB]	1255415
2 August 2021	Education Report: Public consultation on tranche two of the Early Learning Regulatory Review [PDF, 686 KB]	1267141
13 August 2021	Interim Regulatory Impact Statements for tranche two of the Early Learning Regulatory Review [PDF, 1.9 MB]
20 August 2021	Education Report: Consultation on regulations for home-based educator qualifications [PDF, 937 KB]	1267975
22 October 2021	Education Report: Cabinet paper: Policy approvals for final policy settings for early childhood network management(external link)	1273665
22 November 2021	Cabinet Paper: Final Policy Settings for Early Childhood Network Management: Policy Approvals(external link)	CAB-22-MIN-0490
2 December 2021	Education Report: Network management - advice on kōhanga reo proposal [PDF, 908 KB]	1278579
6 December 2021	Briefing Note: Talking points for the network management SOP, LEG Committee on 9 December 2021(external link)	1278487
10 Feburary 2022	Education Report: Network management implementation and policy for new regulations [PDF, 1005 KB]	1281395
23 February 2022	Briefing Note: Network management Cabinet paper for lodging and talking points(external link)	1281865
7 March 2022	Cabinet Paper: Commencement of network management for licensed early childhood services and exclusion of Māori immersion services(external link)	CAB-22-MIN-0052
25 March 2022	Education Report: Definition of Māori immersion early childhood services to be excluded from network management [PDF, 993 KB]	1284653
31 March 2022	Education Report: Network management – advice on Government priorities for the National and Regional Statements(external link)	1282744
17 June 2022	Education Report: Cabinet paper: Priorities for network management policy for new regulations [PDF, 911 KB]	1289566
26 July 2022	Briefing Note: Talking points - Early learning network management: policy approvals for final policy settings [PDF, 773 KB]	1291317
1 August 2022	Cabinet Paper: Early Learning Network Management: Policy Approvals for Priorities and Regulations [PDF, 1.5 MB]	CAB-22-MIN-0281
1 September 2022	Briefing Note: Cabinet paper Education (Early Childhood Services Network Approval) Regulations 2022 [PDF, 720 KB]	1284272
21 September 2022	Briefing Note: Final Cabinet paper and talking points - Education (Early Childhood Services Network Approval) Regulations 2022 [PDF, 669 KB]	1284272
3 October 2022	Cabinet Paper: Education (Early Childhood Services Network Approval) Regulations 2022 [PDF, 1.5 MB]	CAB-22-MIN-0428
17 November 2022	Interim Regulatory Impact Statement: Additional Tranche 2 issues – adding conditions to provisional licences, defining ‘permanently ceased to operate’, and providing for temporary service closures [PDF, 846 KB]
7 December 2022	Final proposals for 80 percent qualified teachers and person responsible regulations for early childhood education services [PDF, 1.2 MB]
5 May 2023	Final Regulatory Impact Statement: Tranche 2 of Early Learning Regulatory Review additional proposals – adding conditions to provisional licences, defining ‘permanently ceased to operate’, and providing for temporary service closures [PDF, 990 KB]
5 May 2023	Final Regulatory Impact Statement: Definition of locally based for persons responsible in licensed home-based services [PDF, 811 KB]