Parents Right of Entry to the Early Childhood Service

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There are some requirements around when a parent does and does not have right of entry to their child’s early childhood service.

For the purpose of early childhood service licensing, parents are defined as “the person (or people) responsible for having the role of providing day to day care for the child; and may include a biological or adoptive parent, step-parent, partner of a parent of a child, legal guardian or member of the child’s family, whānau or other culturally recognised family group.”

Right of entry for parents

The parent of a child has the right of entry and can enter and be in a licensed early childhood service when the child is there unless the parent:

  • Is required to comply with a court order that prohibits access to, or contact with, the child (either generally or when attending the service).
  • Has been issued a warning under section 4 of the Trespass Act 1980 to stay off the premises.
  • Is suffering from a contagious or infectious disease likely to have a detrimental effect on the children if passed on to them.
  • Is, in the opinion of a person responsible for the operation of the service, under the influence of alcohol or any other substance that has a detrimental effect on the functioning or behaviour of the person; or exhibiting behaviour that is, or is likely to be, disruptive to the effective operation of the service.  (Education and Training Act 2020)

Failing to meet minimum standards

The Ministry of Education needs to know:

  • If you are concerned children’s needs are not being met.
  • If you are concerned a service is not meeting a minimum legal requirement.

READ MORE: How to make a complaint and your options.

CAUTION: This page and the information here is provided as part of the My ECE Guide to Regulations and Licensing Criteria 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

Parents Right of Entry to the Early Childhood Service. Published in the My ECE Guide to Regulations and Licensing Criteria for Early Childhood Education Services, prepared by Dr Sarah Alexander and Warwick Marshall.

Last reviewed: 20 November 2022


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