Regulations and Licensing Criteria: A Guide for Parents

My ECE Guide to Early Childhood Service Regulations and Licensing Criteria for Parents

© myECE.org.nz. 
Parent Support and Information. 

The My ECE Guide to Early Childhood Service Regulations and Licensing Criteria for Parents brings together the main legal requirements for centres and home-based services that you need to know about. It does not include requirements for hospital-based services as these are few in number and have their own specific requirements. 

The minimum legal requirements detailed here are sourced from the:

• Education (Early Childhood Services) Regulations 2008.
• Ministry of Education Licensing Criteria for ECE Services.
• Education and Training Act 2020. 

Licensed early childhood education services have a variety of different operating structures, philosophies and affiliations. They are known by many different names, such as:

ECE services are required to be licensed to care for children and to receive public funding. Services are licenced under the Education (Early Childhood Services) Regulations 2008 and must meet these regulations to hold a full licence.

How do you know if a service has been placed on official notice to improve?

See the annual lists for the names of early childhood services placed on a provisional or suspended licence or cancelled due to serious and/or multiple breaches.

The regulations and licensing criteria

Below are the main requirements for ECE services. Click on the title or topic of what you are interested in reading about.

GUIDE TO THE REGULATIONS: The My ECE Guide to Early Childhood Service Regulations and Licensing Criteria for Parents

PARENTS AND FAMILIES

Parent Access to Information on their Child, and the ECE Service’s Funding and Operation

Parents Right of Entry to their Child’s Early Childhood Service

Abusing Staff, Insulting, or Intimidating Them

Complaints Procedure Required of ECE Services and Your Rights as a Complainant

LICENSING OF SERVICES AND INSPECTION

Definition of an Early Childhood Service (Or, When You Have to Get a Licence if You’re Caring for Children)

When an ECE Breaches Regulations or Licensing Criteria – What happens?

Licences and Licensing

Ministry of Education Powers of Entry and Inspection

KEY STANDARDS 

Ratios and Who Can be Counted in the Adult-to-Child Ratio

Qualified Staff and Person Responsible Qualifications

Supervision: Supervising Children, Staff, and having a Supervision Plan

Child Number Allowed and Who is Counted as a Child in the Licence Size Maximum

Space Requirements and Layout – Indoors and Outdoors

HEALTH AND SAFETY, PREMISES, AND EDUCATION AND CARE OF CHILDREN

Who Can Be Authorised to Collect a Child or Do Pick-Up

Sleep Rooms, Beds, Cots, Bedding and Monitoring of Sleeping Children

Medicines and Parent Written Authority

Illness, Infectious Disease Rules, and When Children Must Stay Home

Accidents, Injuries, First Aid, and Reporting to Parents

Hurt, Sick or Soiled Children – Body Wash and Bathing Facilities, Isolation Facilities, and Medical Assistance

Child Protection from Abuse, Inappropriate Material, Drugs, Alcohol, and Poisons at the ECE Service

Safety Checks of Adults and Police Vets

Food and Drink Safety, Nutrition, Supervision of Children Eating, Record Keeping, Cooking and Storage

Changes to the Use of Licensed Space, Building Resource Consent, Building Use, and Renovations

Animals and Pets at the Early Childhood Service

Behaviour Management – Promoting Social Competence and Positive Guidance

Assessment of Children’s Learning and Reporting to Parents

Curriculum Provided to Children

Curriculum Requirements for Te Kōhanga Reo

Emergency Plan and Supplies Preparation Required and Carrying Out Relevant Emergency Drills

Excursions: The Rules for Taking Children on Trips and Outings

Car, Bus or Other Motor Vehicle Travel

Hazard Identification and Managing Risks to Children

Toilets, Nappy Changing, and Handwashing Requirements

Noise Level Control

Ventilation, Temperature, Lighting, Storage, and Bathroom and Kitchen Facilities

Water Temperature

DOCUMENTATION, FINANCIAL, AND HR

Enrolment Forms and Attendance Records

Documentation: The Records ECE Service are Required to Keep, Share, and Update

Annual Plan, Self-Review, Internal Evaluation, and Philosophy Statement

Annual Budget and Financial Plan

Human Resource Management and Staff Employment Practices

Free Kindergarten Fee Charges

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.
• If you are concerned about hygiene, you can ask the Ministry to request that the service receive a health report.

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

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CAUTION: This page and the information here is provided as part of the My ECE Guide to Early Childhood Service Regulations and Licensing Criteria for Parents  (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

Reference:
My ECE Guide to Early Childhood Service Regulations and Licensing Criteria for Parents. Prepared by Dr Sarah Alexander and Warwick Marshall.

Last reviewed: 1 May 2025