Source: New Zealand Government
Associate Education and Regulation Minister David Seymour welcomes the passing of a law which sets out the purpose of regulating early childhood education (ECE). It also establishes the Director of Regulation, who will administer new and improved ECE licensing criteria, among other things.
“The new law’s first priority is child safety. It will also ensure that regulators should only put costs on parents if they’re necessary to achieve the goal. Critically, the purpose of regulating ECE is set out in law, as recommended by the Ministry for Regulation’s ECE Sector Review,” Mr Seymour says.
“The Ministry for Regulation went straight to the source and asked the sector what’s increasing costs and limiting competition. These changes are based on feedback from providers around the country who say they’ve been frustrated by unclear rules, conflicting advice from different agencies, and unnecessary red tape.
“The Director will be responsible for licensing, monitoring, and enforcing compliance in ECE, including investigating and prosecuting where necessary. They will handle complaints and incidents, while also providing support, information, and guidance to service providers, parents, and caregivers. This raises awareness of what quality early childhood education looks like.
“The Director will be able to use regulations to deliver a graduated set of enforcement tools. This enables a more proportionate approach to addressing infringements than was previously possible.”
In carrying out their role the Director must have regard to:
- the health, safety, and well-being of children receiving early childhood education is paramount:
- the learning and development of those children is essential and supports their readiness to transition to school:
- the role of parents and caregivers in the early childhood education of their children is recognised and supported:
- principles of good regulatory practice, including decision-making that—
- is risk-based, proportionate, fair, and transparent; and
- avoids imposing unnecessary costs on parents, caregivers, and service providers
“These reforms will make it easier to open and run high-quality centres, which means more choice and better access for parents. This is part of the Government’s wider commitment to smarter, more effective regulation that encourages growth,” says Mr Seymour.
These changes to the Education and Training Act come into force on 23 February 2026, when the Director of Regulation will be established in the Ministry of Education. The changes to transfer ECE regulatory functions to ERO require changes to legislation and are likely to be included in the Education and Training (System Reform – Part 1) Amendment Bill. This was introduced earlier this week and is expected to be implemented in 2026.