Under the Education Act 1989, premises where education or care is provided for three or more children on a regular basis are defined as ‘early childhood education and care centres’. This means such a service must be licensed so that it meets educational and health and safety requirements.

What is the current situation for early childhood services in fitness centres?

Because of the definition of ECE centres, some services have been unintentionally operating outside the law. This came to the Ministry’s attention when it began to receive complaints from parents about the quality of care their children were receiving in crèches operated by fitness centres and gyms. Legally the Ministry must investigate any complaints.

Why should early childhood services like those in fitness centre be regulated?

Regulations are designed to ensure children’s safety and wellbeing when they are away from their parents. Where children only attend for a short time and their parents are close at hand, the challenge is how to assure children’s wellbeing without putting too many regulatory barriers in the way.

Recent growth in the fitness industry has made us think about the regulatory system in a different way. We need to balance the health and fitness needs of families with the safety and wellbeing of children.

The current ECE regulations create barriers for parents wanting short-term care for their children while they attend a gym or fitness centre.

Light regulation is the best way of managing this situation. It will cover such things as:

having a programme of learning experiences and opportunities for children
making sure premises and facilities meet health and safety standards
making sure that adequate management and administration are in place.

The government has proposed a new type of licensed ECE centre called limited attendance centres as part of the current review of the ECE sector regulations. Information about the regulatory review can be found in the Criteria development project section.

Aren’t we rushing into this? Shouldn’t there be a more robust consultation process like there was with other ECE reviews?

Many of the proposed criteria and standards are similar to what has already been consulted on as part of the regulatory review of the sector. It was sensible to include these changes at the same time as the other changes to ECE sector regulations.

However this process has had to happen more quickly. This is to ensure the safety and wellbeing of the children while not unduly restricting opportunities for parents and caregivers to pursue activities such as getting fit.

Public consultation is underway and feedback is highly valued. The consultation document for the proposed criteria is available on this site.

What makes limited attendance centres different?

Children can only attend for up to 2 hours a day and for a total of six hours a week.

A parent or caregiver must be close by, contactable, and able to resume responsibility for children at short notice.

What will limited attendance centres need to do to be licensed?

They will need to meet licensing criteria that cover such things as:

having a programme of learning experiences and opportunities for children
making sure premises and facilities meet health and safety standards
making sure that adequate management and administration are in place.

Do staff in limited attendance centres need to be qualified?

No, they will not be need to be qualified and registered early childhood teachers. They will however be police-vetted and someone qualified in first aid must be available at all times.

Why don’t staff need to be qualified?

Attendance is for short periods of time and often on a casual or irregular basis. Many children will be receiving early childhood education from licensed ECE services elsewhere.

How many adults will need to be present with the children in limited attendance centres?

The proposed ratio is 1 adult to a maximum of 4 children. The proposed maximum number of children at any one time in the centre is 16.

What happens if the building needs structural changes to be licensed? Will the Ministry help fund this?

No. It is a business decision to offer these services so you must meet the criteria appropriate to the type of ECE centre you wish to operate.

If a parent is unhappy with the service they are using, can they still complain to the Ministry of Education?

Yes, the Ministry of Education will investigate any complaints.

Won’t this scheme create a distinction between education and care?

No. Limited attendance centres must provide learning experiences and opportunities appropriate for the length of time children attend.

How come these groups with lesser requirements for staffing/programming and so on are being placed under licensed centres and playgroups are not?

Parents are not physically present with the children at limited attendance centres so they don’t meet the definition of a playgroup under the Education Act.

Will limited attendance ECE centres receive funding?

Yes. According to the Education Act these centres must be funded but the amount is yet to be announced.

Will limited attendance ECE centres be eligible for 20 hours Free ECE?

No, only teacher-led services and some kohanga reo are eligible to offer Free ECE.

What options are there for gyms and recreation centres to offer ECE services?

There are 3 options:

Exemption from regulation – where services operate no more than 4 hours per week, and receive no funding
Limited attendance – services meet limited attendance centres criteria and are eligible for some funding
Fully licensed – services meet the criteria for ECE services and are fully funded. There are currently 29 ECE services in the fitness and recreation sector which meet full licensing requirements.
Gyms and recreation centres need to consider what the best option is for their operation.

If you have further questions, you can contact us at the ministry at ece.reviews@minedu.govt.nz.

If you are a member of the NZRA or Fitness New Zealand you may like to talk to Brendon or Richard:

Brendon Ward, Chief Executive, NZ Recreation Association

Ph: 04 801 9364

Email: b.ward@nzrecreation.org.nz, or

Richard Beddie, Fitness New Zealand

Ph: 0800 66 88 11

Email: richard@fitnessnz.co.nz.

ECE Lead

Frequently asked questions

What is the definition of an early childhood ECE centre?