Education Review Office identification of licence breaches at a service is not mentioned in the regulations as a reason for the Ministry of Education to downgrade a service's full licence to a provisional licence, or suspend or cancel a licence. Regulations 2008 cover


1. The Ministry of Education may at any time reclassify a service's full or probationary licence as a provisional licence, if: 

  • Within a reasonable time after getting a written direction/s from the Secretary of the Ministry of Education under the regulations the service has not complied with it. (meaning that a service identified as breaching licensing requirements may not always necessarily be placed on a provisional licence as it may be given directions first and if not met then it may be put on notice via reclassification of its licence to provisional)
  • The early childhood service for which the licence was issued does not comply with the Education (Early Childhood Services) Regulations.
  • The service does not comply with all the conditions subject to which its licence was issued.
  • A complaint is lodged against the service provider alleging non-compliance with the regulations and the Secretary of the Ministry of Education considers that the complaint warrants investigation (meaning that the Ministry considers the complaint to be so serious that by requiring the service to display a provisional licence this will inform parents and visitors of possible risk, though not what the possible risk is)


2. When a licence is reclassified as 'provisional':

  • The service provider must immediately return its full or probationary licence to the Ministry and prominently display the provisional licence certificate.
  • The provisional licence issued by the Ministry of Education must specify the conditions that must be complied with for the revocation of the provisional licence and the return of the probationary licence or full licence, and specify for each condition the date by which the condition must be complied with.

3. Duration of a provisional licence

  • A provisional licence is usually for not more than 3 months after the day on which the notice was given to the service provider.
  • At any time until the last permitted date for extension the Secretary of Education may extend and specify a later date.
  • The maximum duration of a provisional licence is 12 months after the date on which the notice was given to the service provider.
  • The secretary of Education reserves the right to suspend a licence and revoke the provisional licence. 


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