Regulations 2008 coverQuick fixes to non-compliance in health and safety

The Ministry of Education may direct services to remedy an immediate health and safety risk. 

In writing, the Ministry may direct the provider of a licensed service to remedy anything or activity that is an immediate risk to the health and safety of any person and that, in its opinion is, or is likely to be, a breach of the early childhood regulations; and is capable of being remedied safely while the service continues to operate.

In directing the service to remedy an immediate health and safety risk, the Ministry may impose any conditions that it thinks fit relating to the risk and the continued operation of the service.

The written direction must include the date by which the service is to have remedied the immediate health and safety risk, and this date must be no later than 10 working days after the date of the direction.

Failure to comply

A failure to comply with a written directive may result in the Ministry of Education deciding to reclassify the service’s licence as a provisional licence or to issue a licence suspension.

CAUTION: This page and the information here is provided as part of the My ECE Guide to Regulations for Early Childhood Education Services (The Guide).  The Guide does not purport to be a full and accurate interpretation of all statutory provisions relating to early childhood education services. While best efforts have been used in preparing this guide, no representations or warranties of any kind are made and My ECE assumes no liabilities of any kind with respect to the accuracy or completeness of the content. Please note that the Government and Ministry of Education may change, update, or alter any of the requirements at any time.  Please help to keep the information on this page up to date by letting us know of changes that need to be made. Thank you!  Kia pai te rā

My ECE Guide to Regulations for Early Childhood Education Services (Centres and Home-based Services)
Prepared by Dr Sarah Alexander and Warwick Marshall

Last reviewed: 1 October 2022