Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750818517.pdf (New Zealand)
Education (Registration of Early Childhood Services Teachers) Regulations 2004 (SR 2004/236) Pursuant to section 69(2) of the Education Standards Act 2001, Her Excellency the Governor­General, acting on the recommendation of the Minister of Education and on the advice and with the consent of the Executive Council, makes the following regulations.
Contents Title Commencement Interpretation Early childhood services declared early childhood education and care services Transition plan in relation to declared early childhood services Deﬁnition of teaching position Provisions of transition plan Date of application of teacher registration provisions Extended transition period Date of application of teacher registration provisions in relation to extended transition period Page 1 2 2 2 3 3 3 5 5 6 Title These regulations are the Education (Registration of Early Childhood Services Teachers) Regulations 2004.
Note These regulations are administered in the Ministry of Education.

1 Education (Registration of Early Childhood Services Teachers) Regulations 2004 Reprinted as at 4 September 2007 Commencement These regulations come into force on the 28th day after the date of their notiﬁcation in the Gazette.
Interpretation In these regulations, unless the context otherwise requires,— chartered care arranger has the same meaning as in section 308(1) of the Education Act 1989 chartered service has the same meaning as in section 308(1) of the Education Act 1989 co­ordinator has the same meaning as in clause 1 of Part 1 of the Schedule to the Education (Home­Based Care) Order 1992 declared early childhood service means an early childhood service that is declared by regulation 4(1) to be an early child­ hood education and care service for the purposes of Part 10 of the Education Act 1989 early childhood centre has the same meaning as in section 308(1) of the Education Act 1989 early childhood education and care service has the same meaning as in section 120 of the Education Act 1989 person responsible, in relation to an early childhood centre, means a person directly involved in, and primarily responsible for, the day­to­day care, comfort, education, health, and safety of the children teaching position has, for the purposes of the transition plan set out in these regulations, the meaning given to that term by regulation 6.
Early childhood services declared early childhood education and care services Every early childhood service within the meaning of section 120 of the Education Act 1989 (other than an early childhood service that is speciﬁed in subclause (2)) is declared to be an early childhood education and care service for the purposes of Part 10 of the Education Act 1989.
The early childhood services to which the declaration in sub­ clause (1) does not apply are— r 2 2 3 4 (1) (2) 2 Reprinted as at 4 September 2007 Education (Registration of Early Childhood Services Teachers) Regulations 2004 r 7 5 6 7 (1) (a) (b) (c) a free kindergarten that is an early childhood service whose licence permits no child to attend for a period of more than 4 hours on any day: playcentres afﬁliated to the New Zealand Playcentre Federation Inc: kohanga reo afﬁliated to Te Kohanga Reo National Trust Board.
Subclause (2)(a) was substituted, as from 17 May 2006, by section 17(2) Edu­ cation Amendment Act 2006 (2006 No 19).

Transition plan in relation to declared early childhood services These regulations set out a transition plan for bringing under Part 10 of the Education Act 1989 declared early childhood services and persons employed in teaching positions at de­ clared early childhood services.
Deﬁnition of teaching position For the purposes of the transition plan set out in these regu­ lations, teaching position, as deﬁned in section 120 of the Education Act 1989, is modiﬁed to mean— (a) in relation to an early childhood centre that is a de­ clared early childhood service, a person responsible in that early childhood centre: in relation to a chartered care arranger that is a declared early childhood service, a co­ordinator who is an em­ ployee of that chartered care arranger.
(b) Provisions of transition plan The transition plan is— (a) that there be a transition period at the end of which de­ clared early childhood services and persons employed in teaching positions at declared early childhood ser­ vices must be brought under Part 10 of the Education Act 1989; and that the setting out of the transition plan in these regu­ lations be the means by which notice of the transition period is given to— declared early childhood services; and (b) (i) 3 r 7 Education (Registration of Early Childhood Services Teachers) Regulations 2004 Reprinted as at 4 September 2007 (ii) (iii) (iv) persons who, at the beginning of the transition period, are employed in teaching positions at de­ clared early childhood services; and persons who, in the transition period, become employed in teaching positions at declared early childhood services; and persons who wish to be employed after the end of the transition period, or to continue to be em­ ployed after the end of the transition period, in teaching positions at declared early childhood services; and that, in relation to persons who, at the beginning of the transition period, are not registered as teachers under the Education Act 1989 but are employed in teaching positions at declared early childhood services, the tran­ sition period gives to those persons a period of time within which to obtain registration as teachers under the Education Act 1989; and that, throughout the transition period, Part 10 of the Education Act 1989 must continue not to apply to de­ clared early childhood services and persons employed in teaching positions at declared early childhood ser­ vices; and that the transition period begins with the date of the coming into force of these regulations; and that, subject to subclause (2), the transition period ends with the close of 31 December 2004.
(c) (d) (e) (f) If, as at the close of 31 December 2004, regulation 9 applies to a declared early childhood service and to a person employed in a teaching position at that declared early childhood service, the transition period ends,— (a) in relation to the declared early childhood service, at the time at which regulation 9 ceases, under regulation 9(2), to apply to that declared early childhood service; and in relation to the person employed in a teaching position at that declared early childhood service, at the time at which regulation 9 ceases, under regulation 9(3), to ap­ ply to that person.
(b) (2) 4 Reprinted as at 4 September 2007 Education (Registration of Early Childhood Services Teachers) Regulations 2004 r 9 8 9 (1) Date of application of teacher registration provisions In relation to a declared early childhood service (other than a declared early childhood service to which regulation 9 ap­ plies) and to persons employed in teaching positions at a de­ clared early childhood service (other than persons employed in teaching positions at a declared early childhood service to whom regulation 9 applies), these regulations set 1 January 2005 as both— (a) the date on which there is brought under Part 10 of the Education Act 1989— (i) (ii) every such early childhood service; and persons employed in teaching positions at every such early childhood service; and (b) the date from the commencement of which the provi­ sions of Part 10 of the Education Act 1989 apply to both— (i) (ii) every such early childhood service; and persons employed in teaching positions at every such early childhood service.
Extended transition period This regulation applies to a declared early childhood service and a person employed in a teaching position at that declared early childhood service as at the close of 31 December 2004 if that person— (a) was appointed to that position, whether before or after the commencement of these regulations, but not later than 31 December 2004; and held, on 4 December 2000, an early childhood teach­ ing qualiﬁcation that was recognised by the Ministry of Education or the New Zealand Qualiﬁcations Authority as equivalent to a Diploma of Teaching; and does not hold, as at the close of 31 December 2004, a qualiﬁcation recognised by the New Zealand Teachers Council for the purposes of registration under Part 10 of the Education Act 1989.
(b) (c) (2) The time at which this regulation ceases to apply to a declared early childhood service is the earlier of— 5 r 10 (3) 10 (1) (2) Education (Registration of Early Childhood Services Teachers) Regulations 2004 Reprinted as at 4 September 2007 (a) the close of the date on which that early childhood ser­ vice ceases to employ in a teaching position any person who satisﬁes the criteria in subclause (1); or the close of 31 December 2007.
(b) The time at which this regulation ceases to apply to a person who satisﬁes the criteria in subclause (1) is the earlier of— (a) the close of the date on which that person ceases to hold the teaching position that that person held, as at the close of 31 December 2004, at a declared early childhood service; or the close of 31 December 2007.
(b) (b) Date of application of teacher registration provisions in relation to extended transition period In relation to a declared early childhood service to which regu­ lation 9 applies, and to persons employed in teaching positions at any such declared early childhood service to whom regula­ tion 9 applies, these regulations set the date speciﬁed in sub­ clause (2) as both— (a) the date on which there is brought under Part 10 of the Education Act 1989 (i) (ii) that declared early childhood service; and those persons employed in teaching positions at that declared early childhood service; and the date from the commencement of which the provi­ sions of Part 10 of the Education Act 1989 apply to both— (i) (ii) that declared early childhood service; and those persons employed in teaching positions at that declared early childhood service.
The date speciﬁed for the purposes of subclause (1), in rela­ tion to a declared early childhood service to which regulation 9 applies, and to persons employed in teaching positions at any such declared early childhood service to whom regulation 9 applies, is the day immediately following the time at which regulation 9 ceases to apply to that declared early childhood service.

Diane Morcom, Clerk of the Executive Council.


6 Reprinted as at 4 September 2007 Education (Registration of Early Childhood Services Teachers) Regulations 2004 Explanatory note Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on the 28th day after the date of their notiﬁcation in the Gazette, set out a transition plan for bringing under Part 10 of the Education Act 1989 early childhood services that are declared to be early childhood education and care services, and persons employed in teaching positions at those early childhood services.
Regulation 4 declares early childhood services to be early child­ hood education and care services for the purpose of Part 10 of the Education Act 1989.

This declaration does not, however, apply to— free kindergartens within the meaning of section 120 of the •• Education Act 1989: playcentres afﬁliated to the New Zealand Playcentre Feder­ ation Inc: kohanga reo afﬁliated to Te Kohanga Reo National Trust Board.
•• •• Regulation 6 modiﬁes the deﬁnition of teaching position in section 120 of the Education Act 1989 to mean— •• in relation to an early childhood centre that is a declared early childhood service, a person responsible in that early child­ hood centre: in relation to a chartered care arranger that is a declared early childhood service, a co­ordinator who is an employee of that chartered care arranger.

•• Regulation 7 sets out the transition plan.


The transition plan is that there be a transition period, throughout which Part 10 of the Education Act 1989 does not apply to declared early childhood ser­ vices and persons employed in teaching positions at declared early childhood services.

However, at the end of the transition period, declared early childhood services and persons employed in teaching positions at declared early childhood services must be brought under Part 10 of the Education Act 1989.
The transition plan begins with the date of the coming into force of these regulations and ends— •• with the close of 31 December 2004; or 7 Education (Registration of Early Childhood Services Teachers) Regulations 2004 Reprinted as at 4 September 2007 •• if the extended transition period in regulation 9 applies, with the close of the date speciﬁed in regulation 9 (which date can­ not be later than 31 December 2007).
Regulation 8 sets out 1 January 2005 as the date on which there is brought under Part 10 of the Education Act 1989 a declared early childhood service (other than a declared early childhood service to which regulation 9 applies), and persons employed in teaching pos­ itions at a declared early childhood service (other than persons em­ ployed in teaching positions at a declared early childhood service to whom regulation 9 applies).
Regulation 9 applies to a declared early childhood service and to a person employed in a teaching position at that declared early child­ hood service who satisﬁes speciﬁed criteria.

Regulation 9 ceases to apply to a declared early childhood service from the close of the date on which that early childhood service ceases to employ in a teach­ ing position any person who satisﬁes the speciﬁed criteria, or from the close of 31 December 2007, whichever is the earlier.
Regulation 9 ceases to apply to a person employed in a teaching position at a declared early childhood service who satisﬁes the speciﬁed criteria from the close of the date on which the person ceases to hold that position, or from the close of 31 December 2007, whichever is the earlier.
Regulation 10 sets out the date on which there is brought under Part 10 of the Education Act 1989 a declared early childhood service to which regulation 9 applies and persons employed in teaching pos­ itions at a declared early childhood service to whom regulation 9 ap­ plies.

This date is the day after the date on which regulation 9 ceases to apply to the declared early childhood service.

Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notiﬁcation in Gazette: 12 August 2004.

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