Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750622740.pdf (New Zealand)
Reprint as at 24 September 2009 Education (Playgroups) Regulations 2008 (SR 2008/205) Anand Satyanand, Governor-General Order in Council At Wellington this 7th day of July 2008 Present: His Excellency the Governor-General in Council Pursuant to section 319 of the Education Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Education.
1 Education (Playgroups) Regulations 2008 Reprinted as at 24 September 2009 Title Commencement Interpretation Contents Part 1 Certification Applications What details must be included in applications Statement by applicant required Interim certificate Issue of interim certificate Full certificate Issue of full certificate Duration of full certificate General Content of certificate Power to issue directions and require action plan Withdrawal of certificates Amendment of certificates Replacement certificates Renewal of full certificates Part 2 Standards Outline and purpose of Part Minister may prescribe criteria Curriculum standard Ratios standard Premises and facilities standard Health and safety practices standard Management and administration standard Page 2 3 3 3 4 4 4 5 5 5 6 6 7 8 8 8 9 9 9 10 10 10 Regulations Title These regulations are the Education (Playgroups) Regulations 2008.
Reprinted as at 24 September 2009 Education (Playgroups) Regulations 2008 Part 1 r 4 2 (1) (2) 3 Commencement Regulation 17 comes into force on the day after the date on which the making of these regulations is notified in the Gazette.

The rest of these regulations come into force on 1 December 2008.
Interpretation In these regulations, unless the context otherwise requires,— Act means the Education Act 1989 certificate means a certificate issued under these regulations certificated playgroup means a playgroup for which a current certificate is held children, in relation to a playgroup, means children attending the playgroup full certificate means a certificate issued under regulation 8 interim certificate means a certificate issued under regulation 7 playgroup has the same meaning as in section 309 of the Act Secretary has the same meaning as in section 309 of the Act service provider has the same meaning as in section 309 of the Act.
Part 1 Certification 4 (1) Applications Every application for a certificate for a playgroup must be made by 1 individual person on behalf of the service provider.

(2) An application for a certificate for a playgroup must— (a) (b) (c) be made in a form approved by the Secretary; and include the information required by regulation 5 and be accompanied by the statement required by regulation 6; and include information of any other kind required by the Secretary.
3 Part 1 r 5 Education (Playgroups) Regulations 2008 Reprinted as at 24 September 2009 What details must be included in applications Every application for a certificate must nominate a person in- volved with the playgroup who is able to respond to the Sec- retary in a timely way.

Every application for a certificate must be accompanied by evidence satisfactory to the Secretary that the playgroup does, or is likely to, comply with all the standards set out in Part 2.
Statement by applicant required An application for a certificate, or for an amendment to or renewal of a certificate, must be accompanied by a statement by the person completing the application form, indicating— (a) that he or she is authorised to make the application; and (b) whether, after having made all reasonable inquiries, and to the best of his or her knowledge and belief, the appli- cation includes or is accompanied by all relevant infor- mation known to the service provider; and whether all information included in or accompanying the application is, after having made all reasonable in- quiries, and to the best of his or her knowledge and be- lief, in all respects true and correct.
(c) Interim certificate Issue of interim certificate The Secretary must issue an interim certificate for any play- group that does not hold a certificate if, and only if, satisfied on reasonable grounds that— (a) the curriculum, health and safety practices, manage- ment and administration, and ratios of the playgroup are likely to comply with the standards set out in regulations 18, 19, 21, and 22; and the premises and facilities used by the playgroup com- ply with the standard set out in regulation 20.
(b) If satisfied that the information contained in the application is complete, the Secretary must take all reasonably practicable steps to ensure that the decision to issue or refuse to issue an interim certificate in respect of the playgroup is made within 30 working days.
5 (1) (2) 6 7 (1) (2) 4 Reprinted as at 24 September 2009 Education (Playgroups) Regulations 2008 Part 1 r 10 (3) Unless earlier withdrawn, every interim certificate remains in force for the period specified in the certificate (which must not exceed 12 months from the date of issue), and then expires.

(4) At any time before the interim certificate expires, the Secre- tary may, on the application of the playgroup, issue a full cer- tificate.
To avoid doubt, it is not necessary for the Secretary to issue an interim certificate for a playgroup before issuing a full certifi- cate for that playgroup.

(5) 8 9 (1) (2) 10 (1) Full certificate Issue of full certificate The Secretary must issue a full certificate for a playgroup if, and only if, satisfied on reasonable grounds that the playgroup complies with all the standards set out in Part 2.
Duration of full certificate Every full certificate remains in force, unless earlier with- drawn, until the date of expiry specified in the certificate.

The date referred to in subclause (1) must not be later than the expiry of 3 years after— (a) (b) the date of issue of the full certificate; or if the applicant previously held an interim certificate, the date of issue of that interim certificate.
General Content of certificate Every certificate must state the following: (a) the full name of the playgroup for which the certificate is issued: the premises for which the certificate has been issued: the date of issue of the certificate: the date of expiry of the certificate: any other details included at the direction of the Secre- tary.

(b) (c) (d) (e) (2) Subject to subclause (1), certificates may be in any form the Secretary thinks fit.
5 Part 1 r 11 Education (Playgroups) Regulations 2008 Reprinted as at 24 September 2009 11 (1) Power to issue directions and require action plan The Secretary may issue a direction requiring a certificated playgroup holding an interim certificate or a full certificate to implement an action plan prepared by the Secretary if any as- pect of the operation of the playgroup does not comply with— (a) (b) these regulations; or the relevant standards set out in Part 2.
(2) An action plan is a plan which, if implemented, will enable the playgroup to comply, within the period specified in that plan, with— (a) (b) The period for compliance specified in the plan is a period specified by the Secretary in his or her direction that— (a) these regulations; and the relevant standards set out in Part 2. the Secretary considers reasonable in the circum- stances; but does not expire after the expiry of the certificate held by the playgroup.
(3) (b) (4) The Secretary— (a) may amend an action plan at any time while it is in force; and (b) must notify the playgroup of any amendment to the ac- tion plan as soon as is reasonably practicable.

(5) The service provider who operates a playgroup must— (a) comply with any direction issued by the Secretary under this regulation; and ensure that the non-compliance referred to in the direc- tion is remedied within the period specified by the Sec- retary.
(b) 12 Withdrawal of certificates (1) Subject to subclause (3), the Secretary must, by written notice delivered to the service provider, withdraw a certificate for a playgroup if— (a) (b) the playgroup has permanently ceased to operate; or the playgroup does not comply with the Act or these regulations or the relevant standards set out in Part 2, and the service provider has received a direction from the Secretary under regulation 11(1) and has either— 6 Reprinted as at 24 September 2009 Education (Playgroups) Regulations 2008 Part 1 r 13 (i) (ii) failed to implement an action plan; or failed to ensure that the non-compliance referred to in the direction is remedied within the period specified by the Secretary.
(2) (3) Subject to subclause (3), the Secretary may, by written notice delivered to the service provider, withdraw a certificate for a playgroup if, in the opinion of the Secretary, continued partici- pation by children in the playgroup poses an immediate health or safety risk to those children.
The Secretary may not withdraw a certificate under subclause (1) or (2) unless— (a) the Secretary has taken all reasonable steps to give the service provider for the playgroup concerned written notice of the Secretary’s intention to do so and the Sec- retary— (i) (ii) has not been able to do so; or has taken into account all representations re- ceived from the service provider within a rea- sonable time of the service provider being given notice; or (b) if subclause (2) applies, the Secretary is satisfied that it is desirable in the interests of the children’s safety to withdraw the certificate immediately.
(4) Withdrawal of a certificate takes effect on the date of with- drawal specified in the notice issued under subclause (1) or (2).
13 (1) Amendment of certificates The service provider for a certificated playgroup must apply to the Secretary for an amendment to the certificate if— (a) the service provider wants to make any alterations to the operation of the playgroup that would have affected the decision to issue the certificate; or the service provider wants to make any changes to the operation of the playgroup that would make any matter specified in the certificate incorrect.
(b) (2) If subclause (1) applies, the Secretary must review the certifi- cate and, as seems appropriate,— (a) confirm it; or 7 Part 1 r 14 Education (Playgroups) Regulations 2008 Reprinted as at 24 September 2009 (b) (c) amend any of the particulars specified in it; or if regulation 11 or 12 applies, exercise any power re- ferred to in whichever of these regulations is applicable.
14 Replacement certificates If satisfied that a certificate is lost, stolen, defaced, or de- stroyed, or that it contains an error, the Secretary may grant a replacement certificate.

(2) Renewal of full certificates 15 (1) A holder of a full certificate may, not later than 30 working days before the expiry of that certificate, apply in the man- ner provided for in regulations 4 to 6 for the renewal of that certificate, and regulations 8 to 10 apply with any necessary modications.
If an application for renewal of a full certificate is made in ac- cordance with subclause (1), the playgroup is deemed to con- tinue to be a certificated playgroup until the application for renewal is determined.

If an application for renewal of a full certificate is granted, the new certificate comes into effect on the expiry of the previous certificate.
(3) Part 2 Standards Outline and purpose of Part This Part requires the service provider for every certificated playgroup to comply with each of the following minimum standards: (a) (b) (c) (d) the curriculum standard (see regulation 18): the ratios standard (see regulation 19): the premises and facilities standard (see regulation 20): the health and safety practices standard (see regulation 21): the management and administration standard (see regu- lation 22).
(e) 16 (1) 8 Reprinted as at 24 September 2009 Education (Playgroups) Regulations 2008 Part 2 r 19 (2) The purpose of the minimum standards is to ensure the health, comfort, care, education, and safety of children attending cer- tificated playgroups.
17 Minister may prescribe criteria (1) (2) (3) 18 19 The Minister may, after consultation with those organisations that appear to the Minister to be substantially affected by these regulations, prescribe criteria to be used by the Secretary to assess compliance with the minimum standards imposed by regulations 18 to 22, or any of them.
If the Minister prescribes criteria under subclause (1), the Sec- retary must publish a notice in the Gazette— (a) (b) stating that the criteria have been prescribed; and setting out the criteria in full or stating where a copy of the criteria may be obtained by members of the public.

By way of explanation and elaboration, the purpose of criteria prescribed by the Minister is to enable those criteria to be used by the Secretary to assess whether service providers have com- plied with the minimum standards.
Curriculum standard The curriculum standard requires the service provider for every certificated playgroup to— (a) plan for, provide, and review an education programme that is consistent with any curriculum framework pre- scribed by the Minister that applies to certificated play- groups; and provide positive guidance to children attending the playgroup in order to support children’s learning.
(b) Ratios standard The ratios standard requires the service provider for every cer- tificated playgroup to ensure that— (a) more than half of the children attending on any occasion have a parent or caregiver present in the same play area at the same time; and the total number of children attending on any occasion is not greater than 4 times the number of parents and (b) 9 Part 2 r 20 Education (Playgroups) Regulations 2008 Reprinted as at 24 September 2009 caregivers present in the same play area at the same time.
Regulation 19: substituted, on 24 September 2009, by regulation 4 of the Edu- cation (Playgroups) Amendment Regulations 2009 (SR 2009/233).
20 (1) (2) 21 Premises and facilities standard The premises and facilities standard requires the service provider for every certificated playgroup to operate from premises that are— (a) safe and that provide sufficient space, facilities, and equipment to support the learning of children attending the playgroup and maintain their health and well-being; and available for use by other groups in the community; but not used as a private dwelling.
(b) (c) Subclause (1)(b) does not prevent a playgroup from operating from a part of any premises set aside for the exclusive use of the playgroup, (for example, a particular room in a building) if another part or parts of the same premises are open to use by other groups in the community.
Health and safety practices standard The health and safety practices standard requires the service provider for every certificated playgroup to take reasonable steps to— (a) maintain good health and safety practices at the play- (b) (c) group; and ensure all practicable steps are taken to eliminate, iso- late, or minimise hazards to children attending the play- group; and ensure that appropriate procedures are in place to deal with fires, earthquakes, and other emergencies.
22 Management and administration standard (1) The management and administration standard requires the ser- vice provider for every certificated playgroup to ensure that— the playgroup is effectively managed in accordance (a) with good management practices; and 10 Reprinted as at 24 September 2009 Education (Playgroups) Regulations 2008 Part 2 r 22 (b) (c) the playgroup is managed in a collaborative way with the parents and caregivers involved; and appropriate written procedures and records are devel- oped, maintained, and made available when appropri- ate.
(2) All written procedures and records required by subclause (1)(c) must be made available by the service provider for inspection— (a) at any reasonable time on request by a parent or mem- ber of the family or caregiver of a child attending the playgroup: at any time on request by any person exercising powers or carrying out functions under Part 26 of the Act.

Subclause (2) does not limit any rights of access conferred by law to any document referred to in subclause (1)(c).
(3) (b) 11 Education (Playgroups) Regulations 2008 Reprinted as at 24 September 2009 Rebecca Kitteridge, Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 10 July 2008.


12 Reprinted as at 24 September 2009 Education (Playgroups) Regulations 2008 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is a reprint of the Education (Playgroups) Regulations 2008.
The reprint incorporates all the amendments to the regu- lations as at 24 September 2009, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enact- ment, in chronological order.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the prin- cipal enactment and its amendments are contained.

How reprints are prepared A number of editorial conventions are followed in the prep- aration of reprints.

For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted.
For a detailed list of the editorial conventions, 13 Notes Education (Playgroups) Regulations 2008 Reprinted as at 24 September 2009 see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legisla- tion reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the au- thority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) position of the date of assent (it now appears on the front page of each Act) • • • • • 4 14 Reprinted as at 24 September 2009 Education (Playgroups) Regulations 2008 Notes • • • • • • punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial cap- ital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection ref- erences are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accord- ingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chrono- logical).
List of amendments incorporated in this reprint (most recent first) Education (Playgroups) Amendment Regulations 2009 (SR 2009/233) 5 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 15