Legislation
ON THIS PAGE: Where to find legislation | Links to relevant legislation | Overview of relevant legislation
Legislation
Where to find legislation
The Knowledge Basket
The Knowledge Basket is a useful website where you can browse New Zealand Acts and Regulations for free.
The links to Acts and regulations from this web page all take you to the Knowledge Basket website.
The Public Access to Legislation Project
Regulations, such as the Education (Early Childhood Centres) Regulations, can be accessed online from the Public Access to Legislation Project website - a temporary website provided by the New Zealand Parliamentary Counsel Office (PCO) and sourced from Brookers.
The Public Access to Legislation Project website contains unofficial versions of New Zealand statutes (Public, Local, and Private Acts) and Statutory Regulations. (Note that the New Zealand government is not responsible for, and does not endorse, the material on this website.)
Purchasing legislation
You can buy Acts and regulations from any bookshop that stocks government publications.
Links to key legislation
(This list is not exhaustive, other legislation may apply to your ECE service
Overview of relevant legislation
Education Act 1989
Part 26 of the
Education Act 1989 relates to early childhood education and home-based care.
To clarify what a licensed early childhood centre is, Section 308 states:
"'Early childhood centre' ... means premises used (exclusively, mainly, or regularly) for the education or care of 3 or more children (not being children of the persons providing the education or care) under 6 —
(a) By the day or part of a day; but
(b) Not for any continuous periods of more than 7 days."
The definition expressly excludes services not caught under the above definition.
Sections 309 to 311B set out funding requirements for chartered services and licence-exempt services.
Section 312 sets out the legal requirements for a charter, and the basis on which a charter may be approved, withdrawn or cancelled.
Sections 315-315AB set out the police vetting requirements for non-teaching staff and contractors.
Sections 318 and 327 set out when persons from the Ministry of Education, Education Review Office and Ministry of Health can enter and inspect a centre, as well as the information that they can request.
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Please note that amendments to Part 26 of the Education Act are forthcoming. (The amendments will come into force when the supporting regulations (see below) have been developed - this is expected to be in 2008.) |
Education (Early Childhood Centres) Regulations 1998
The Education (Early Childhood Centres) Regulations 1998 are commonly known as the 'Early Childhood Regulations'. They detail the licensing standards for early childhood licensed centres. The Ministry of Education can offer interpretations of the regulations.
Resource Management Act 1991
The Resource Management Act 1991 is administered by local authorities (city, district and regional councils). The council must give approval before a centre can operate or before its buildings are altered or extended.
Building Act 2004 and Building Regulations 1992
The Building Act 2004 and Building Regulations 1992 are administered by your local authority. They require a centre's premises to be a safe environment for children and adults. Before any building alterations take place, a building consent is required. The Building Act also requires a building warrant of fitness to be issued each year and displayed in a public place.
Civil Defence Act 1983
The Civil Defence Act 1983 requires all centres to develop an evacuation plan consistent with their local civil defence plan. Administered by local authorities.
Disabled Persons Community Welfare Act 1988
The Disabled Persons Community Welfare Act 1988 requires adequate and reasonable access to premises, parking and sanitary conveniences for disabled people. This Act is incorporated with the Building Act. All centres established since 1991 must provide access for disabled people. An international access symbol must be displayed.
Fencing of Swimming Pools Act 1987
The Fencing of Swimming Pools Act 1987 requires all swimming pools and other water hazards to be secure and unable to be reached, independently, by children in a centre.
Fire Safety and Evacuation of Building Regulations 1992
The Fire Safety and Evacuation of Building Regulations 1992 are administered by local authorities and the New Zealand Fire Service. It requires each centre or service to have an evacuation plan in case of emergencies, such as fire, earthquake and civil disasters.
Food Hygiene Regulations 1974
The Food Hygiene Regulations 1974 are overseen by the area health offices in each region. The regulations require all food preparation to be safe, which includes the storage of food.
Smoke-free Environments Act 1990
The Smoke-free Environments Act 1990 requires employers to have a written policy on smoking, including a formal complaints procedure.
Health (Immunisation) Regulations 1995
The Health (Immunisation) Regulations 1995 allow services to ask parents or caregivers to provide an immunisation certificate for children fifteen months or over or born after January 1995.
Employment Relations Act 2000
The Employment Relations Act 2000 outlines the terms and conditions of employment and includes a good faith requirement. It deals with bargaining procedures and personal grievances.
Employers should also refer to the following:
- Human Rights Act 1993
- Privacy Act 1993
- Parental Leave and Employment Protection Act 1987 and Parental Leave and Employment Protection (Paid Parental Leave) 2002 - provide for parental leave for workers
- Injury Prevention, Rehabilitation and Compensation Act 2001 - provides compensation of up to 80% of weekly earnings to people who are injured through accident and are unable to work. Administered by the Accident Compensation Corporation.
- Holidays Act 2003 - deals with annual leave rights, holiday pay, Christmas and seasonal shutdown, holiday pay at the end of employment, pubic (statutory) holidays, special leave, holiday records, enforcement of holiday and leave rights, and leave for defence force volunteers
Management should address questions about employment issues to one or more of these contacts:
- The Employment Relations Service: Employment Relations Service website includes a section on the Employment Relations Act 2000 and there are publications you can download.
You can call the Employment Relations Infoline on 0800 800 863
- New Zealand Childcare Association: Te Tari Puna Ora o Aotearoa (membership required). Phone: 0800 CHILDCARE (0800 244 532).
- Early Childhood Council (membership required). Phone: 0800 742 742.
- Business New Zealand (membership required). Phone: 04 496 6555. Business New Zealand is the policy and advocacy wing of the following regional business associations:
Employers' and Manufacturers' Association (Northern)
Employers' and Manufacturers' Association (Central)
Canterbury Employers' Chamber of Commerce
Otago Southland Employers' Association
- New Zealand Educational Institute: Te Riu Roa (NZEI). This is the largest education union. It covers many staff working early childhood centres.
Human Rights Act 1993
The Human Rights Act 1993 defines the circumstances in which discrimination is unlawful. When a person is treated unfairly or unjustly compared to another person in the same or similar circumstances, discrimination has occurred.
The Human Rights Commission has been established to assist people who have been discriminated against.
Privacy Act 1993
The Privacy Act 1993 seeks to promote individual privacy by regulating the collection, storage, use, access to, and disclosure of personal information.
Health and Safety in Employment Act 1992
The Health and Safety in Employment Act 1992 requires that employers must take all practicable steps to ensure the safety of staff while at work.
The employer must:
- have procedures for identifying and eliminating hazards. If this is not practicable, then they must minimise or isolate the hazard
- regularly review identified hazards to see whether the hazards are significant and require further action
- record all accidents or serious harm that occur during work hours
- investigate whether an accident or serious harm was caused by a significant hazard
- provide ready access to appropriate procedures.
For further information, contact the Department of Labour's Occupational Safety and Health Service (OSH).
Inland Revenue Department Act 1974
The Inland Revenue Department Act 1974 covers all taxation requirements for businesses. The different Acts that Inland Revenue administers are:
- Tax Administration Act 1974
- Income Tax Act 1976
- Child Support Act 1991
- Goods and Services Tax Act 1985
- Student Loan Scheme Act 1992
Contact Inland Revenue for useful advice.
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