Written Directives to Remedy Health and Safety Risks

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Written directives can be made by the Ministry of Education to an early childhood service that it determines has an immediate problem with health and safety and needs to fix the problem – such as a broken gate. 

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

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.

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

Written Directives to Remedy Health and Safety Risks. 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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