Legislation
ON THIS PAGE: Where to find legislation | Key legislation | Overview of relevant legislation
Legislation
Where to find legislation
New Zealand Legislation is a useful website where you can browse New Zealand Acts and Regulations for free.
Purchasing legislation
You can buy Acts and regulations from any bookshop that stocks government publications.
You can order the criteria (in hard copy) from:
Ministry of Education Publications
Wickliffe Limited Customer Services
Freephone: 0800 660 662 (New Zealand only)
Freefax: 0800 660 663 (New Zealand only)
They are also available electronically on this site.
Key legislation
(This list is not exhaustive, other legislation may apply to your ECE service)
Education Act 1989
Education (Early Childhood Services) Regulations 2008
Licensing Criteria for Early Childhood Education and Care Centres 2008
Building Act 2004
Civil Defence Emergency Management Act 2002
Disabled Persons Community Welfare Act 1975
Employment Relations Act 2000
Fencing of Swimming Pools Act 1987
Fire Safety and Evacuation of Building Regulations 2006
Food Hygiene Regulations 1974
Health (Immunisation) Regulations 1995
Health and Safety in Employment Act 1992
Human Rights Act 1993
Inland Revenue Department Act 1974
Privacy Act 1993
Resource Management Act 1991
Smoke-free Environments Act 1990
Overview of relevant legislation
Education Act 1989 and amendment 2006
Part 26 of the Education Act 1989 relates to early childhood education and care. To clarify what a licensed early childhood centre is, Section 310 states:
“Early childhood eduation and care centre means premises used regularly for the education or care of 3 or more children (not being children of the persons providing the education or care, or children enrolled at a school being provided with education or care before or after school) under the age of 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.
Section 11 sets out the funding of certain early childhood services and certificated playgroups.
Sections 319D-319F set out the police vetting requirements for non-teaching staff and contractors.
Sections 319B and part 28, section 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.
Education (Early Childhood Services) Regulations 2008
The Education (Early Childhood Services) Regulations 2008 are commonly known as the ‘Early Childhood Regulations’. They detail the licensing standards for early childhood licensed services.
Licensing Criteria for Early Childhood Education and Care Centres 2008
The third tier criteria are deemed regulations prescribed by the Minister of Education. These state the day-to-day requirements that different ECE services types must meet in order to meet regulated standards of education and care that are outlined in regulation. The criteria clarify current requirements and make them more transparent and accessible. They are intended to make it easier for ECE services to know what is required of them. They contribute to a more integrated system of legislation that supports flexibility and diversity through different sets of criteria for different service types.
The Secretary of Education uses the criteria to assess compliance with the standards as set in the regulations (second tier). Compliance is required in order to gain and maintain a licence to operate an ECE service (or be certificated, in the case of playgroups).
Building Act 2004 and Building (Forms) Regulations 2004
The Building Act 2004 and Building (Forms) Regulations 2004 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 Emergency Management Act 2002
The Civil Defence Emergency Management Act 2002 requires all centres to develop an evacuation plan consistent with their local civil defence plan. Administered by local authorities.
Disabled Persons Community Welfare Act 1975
The Disabled Persons Community Welfare Act 1975 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.
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(reprint as at 7 July 2006) - provides for parental leave for workers, including paid parental leave entitlements.
- 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, public (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:
- Employers’ and Manufacturers’ Association (Northern)
- Employers’ and Manufacturers’ Association (Central)
- Canterbury Employers’ Chamber of Commerce
- Otago Southland Employers’ Association
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 2006
The Fire Safety and Evacuation of Building Regulations 2006 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.
Health (Immunisation) Regulations 1995
The Health (Immunisation) Regulations 1995 require services to ask parents or caregivers to provide an immunisation certificate for children fifteen months or over or born after January 1995.
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).
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
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:
Contact Inland Revenue for useful advice.
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.
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.
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.