Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750785386.pdf (New Zealand)
2009/5 Education (Early Childhood Services) Amendment Regulations 2009 Anand Satyanand, Governor­General Order in Council At Wellington this 26th day of January 2009 Present: His Excellency the Governor­General in Council Pursuant to section 317 of the Education Act 1989, His Excellency the Governor­General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents Title Commencement Principal regulations amended Interpretation Additional requirements where application relates to centre Grant of probationary licence Grant of full licence Regulation 14 revoked Duration of provisional licence Page 2 2 2 3 3 3 4 4 4 1 Education (Early Childhood Services) Amendment Regulations 2009 2009/5 Grant of temporary relocation licence Classes of licence, conditions, and other matters Limitation on mixed ages in centres and hospital­based services Issue of licences Additional requirements relating to licences for centre Amendment of licences Regulation 34 revoked Regulation 37 revoked Outline and purpose of Part Minister may prescribe criteria Subpart heading amended Application of subpart: general Qualiﬁcations, ratios, and service­size standard: general Subpart 3 of Part 2 revoked Miscellaneous variations to operation of minimum standards Secretary may request health reports Schedule 1 amended Schedule 2 amended Schedule 3 amended Schedule 4 amended Schedule New items in Schedule 2 Regulations 4 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 7 7 7 7 8 Title These regulations are the Education (Early Childhood Ser­ vices) Amendment Regulations 2009.
Commencement These regulations come into force on 1 February 2009.
Principal regulations amended These regulations amend the Education (Early Childhood Ser­ vices) Regulations 2008. r 1 26 27 28 29 1 2 3 2 2009/5 Education (Early Childhood Services) Amendment Regulations 2009 r 6 4 (1) (2) 5 (1) (2) (3) 6 (1) (2) Interpretation The deﬁnitions of limited attendance centre, limited attend­ ance conditions, limited attendance conditions licence, and supervisor in regulation 3 are revoked.
Paragraph (a) of the deﬁnition of person responsible in regu­ lation 3 is amended by omitting “(other than a limited attend­ ance centre)”.

Additional requirements where application relates to centre Regulation 9(1)(b) is amended by omitting “or 51 (whichever is applicable)”.
Regulation 9(1) is amended by revoking paragraphs (e) and (f) and substituting the following paragraph: “(e) if the Building Act 2004 applies, evidence that the premises comply with that Act in respect of their use as a centre and, if applicable, a copy of— “(i) a compliance schedule required under section 100 of the Building Act 2004; and a current building warrant of ﬁtness issued under section 108 of that Act (if required).” Regulation 9(2)(a) is amended by omitting “or 51 (whichever is applicable) and relevant aspects of the health and safety practices standard set out in regulation 46 or 52 (whichever is applicable)” and substituting “and relevant aspects of the health and safety practices standard set out in regulation 46”.
“(ii) Grant of probationary licence Regulation 11(1)(a) is amended by omitting “or the ratios, supervision, and service­size standard set out in regulation 50 (whichever is applicable) and the premises and facilities stan­ dard set out in regulation 45 or 51 (whichever is applicable)” and substituting “and the premises and facilities standard set out in regulation 45”.
Regulation 11(1)(b) is amended by omitting “or 49 (whichever is applicable), the health and safety practices standard set out in regulation 46 or 52 (whichever is applicable), and the gov­ ernance, management, and administration standard set out in 3 r 7 Education (Early Childhood Services) Amendment Regulations 2009 2009/5 regulation 47 or the management and administration standard set out in regulation 53 (whichever is applicable)” and sub­ stituting “, the health and safety practices standard set out in regulation 46, and the governance, management, and admin­ istration standard set out in regulation 47”.
Grant of full licence Regulation 13(a) is amended by omitting “or 49 (whichever is applicable), the qualiﬁcations, ratios, and service­size stan­ dard set out in regulation 44 or the ratios, supervision, and service­size standard set out in regulation 50 (whichever is ap­ plicable), the health and safety practices standard set out in regulation 46 or 52 (whichever is applicable), and the gov­ ernance, management, and administration standard set out in regulation 47 or the management and administration standard set out in regulation 53 (whichever is applicable)” and substi­ tuting “, the qualiﬁcations, ratios, and service­size standard set out in regulation 44, the health and safety practices standard set out in regulation 46, and the governance, management, and administration standard set out in regulation 47”.
Regulation 13(b)(i) is amended by omitting “or 51 (whichever is applicable)”.

Regulation 14 revoked Regulation 14 is revoked.

The speciﬁcation of a date of expiry in any full licence granted before the commencement of these regulations is of no effect.

Duration of provisional licence Regulation 17(1)(a) is amended by omitting “centre’s” and substituting “service’s”.

Regulation 17(1)(b) is amended by omitting “centre’s” and substituting “service’s”.
Grant of temporary relocation licence Regulation 18(1)(b)(i) (whichever is applicable)”.

is amended by omitting “or 51 7 (1) (2) 8 (1) (2) 9 (1) (2) 10 4 2009/5 Education (Early Childhood Services) Amendment Regulations 2009 r 18 11 (1) (2) 12 13 14 (1) (2) (3) (4) 15 16 17 18 (1) Classes of licence, conditions, and other matters Regulation 22(2)(d) is revoked.

Regulation 22(3) is amended by omitting “(other than a limited attendance centre)”.
Limitation on mixed ages in centres and hospital­based services Regulation 23(1)(a) is amended by omitting “(other than limited attendance centres)”.

Issue of licences Regulation 24(2)(e) is amended by omitting “, and the date of its expiry”.

Additional requirements relating to licences for centre Regulation 26(1)(a) is amended by omitting “, or is a licence to operate subject to limited attendance conditions (limited at­ tendance conditions licence)”.
Regulation 26(1)(b) is amended by omitting “, or limited at­ tendance conditions licence”.

Regulation 26(1)(d)(i) is amended by omitting “other than a centre licensed to operate subject to limited attendance condi­ tions”.

Regulation 26(1)(d)(ii) is revoked.

Amendment of licences Regulation 33(5)(b) and (c) are revoked.

Regulation 34 revoked Regulation 34 is revoked.

Regulation 37 revoked Regulation 37 is revoked.


Outline and purpose of Part Regulation 40(1) is amended by omitting “(other than a service provider of a limited attendance centre)”.

5 (2) 20 21 22 23 r 19 Education (Early Childhood Services) Amendment Regulations 2009 2009/5 (2) Regulation 40(2) is revoked.

19 Minister may prescribe criteria (1) Regulation 41(1) is amended by omitting “53” and substituting “47”.

Regulation 41(4) is amended by omitting “53” and substituting “47”.
Subpart heading amended The heading to subpart 2 of Part 2 is amended by omitting “(other than limited attendance centres)”.

Application of subpart: general Regulation 42 is amended by omitting “(other than a service provider of a limited attendance centre)”.

Qualiﬁcations, ratios, and service­size standard: general The deﬁnition of excluded service in regulation 44(4) is amended by revoking paragraph (b).

Subpart 3 of Part 2 revoked Subpart 3 of Part 2 is revoked.
24 Miscellaneous variations to operation of minimum standards Regulation 54(2) is amended by omitting “, or regulation 50(1)(a) and Schedule 2, whichever is applicable,”.

Regulation 54(5) is amended by omitting “53” and substituting “47”.
Secretary may request health reports Regulation 55 is amended by omitting “or 51 (whichever is applicable) or the health and safety practices standard set out in regulation 46 or 52 (whichever is applicable)” and substi­ tuting “or the health and safety practices standard set out in regulation 46”.
(1) (2) 25 6 2009/5 Education (Early Childhood Services) Amendment Regulations 2009 r 29 26 27 (1) (2) (3) (4) 28 (1) (2) (3) (4) 29 (1) (2) (3) Schedule 1 amended Schedule 1 is amended by omitting “(other than limited attend­ ance centres)”.

Schedule 2 amended The Schedule 2 heading is amended by omitting “rr 44(1)(b), 50(1)(a)” and substituting “r 44(1)(b)”.

Schedule 2 is amended by omitting “(except limited attend­ ance conditions centres)”.
Schedule 2 is amended by omitting the heading “Limited at­ tendance conditions centres: ratios for all ages”, the head­ ings after it, and the 4 items after those headings.

Schedule 2 is amended by revoking item 1 after the heading “Who counts as adult or child when applying ratios” and substituting the items set out in the Schedule of these regula­ tions.

Schedule 3 amended The Schedule 3 heading is amended by omitting “rr 44(1)(c), 50(1)(b)” and substituting “r 44(1)(c)”.
Schedule 3 is amended by omitting “(other than limited attend­ ance centre)” and “(other than limited attendance centres)”.

Schedule 3 is amended by omitting the item relating to a limited attendance centre.

Schedule 3 is amended by omitting “60” from the item relating to a home­based education and care service and substituting “80”.

Schedule 4 amended The Schedule 4 heading is amended by omitting “rr 45(1)(b), 51(1)(b)” and substituting “r 45(1)(b)”.
Schedule 4 is amended by omitting “(other than a limited at­ tendance centre)”.

Schedule 4 is amended by omitting the item relating to a limited attendance centre.

7 Schedule Education (Early Childhood Services) Amendment Regulations 2009 Schedule New items in Schedule 2 2009/5 r 27(4) 1 1A In the case of a service other than a home­based service, a person must be 17 years or older and involved in duties other than food preparation and serving, administrative duties, and maintenance to count as an adult.
For a home­based education and care service, a person must be 20 years or older and involved in duties other than food preparation and serving, administrative duties, and maintenance to count as an adult.

Rebecca Kitteridge, Clerk of the Executive Council.

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 1 February 2009,— • • abolish limited attendance centre licences: prevent home­based services from employing educators aged 17, 18, or 19: increase the maximum size of a home­based network from 60 children to 80: provide for new licences issued under the principal regulations (like licences issued under the regulations that the principal regulations replaced) to continue in force indeﬁnitely, rather than expire after 6 years: rectify 2 minor drafting errors in the principal regulations.
• • • 8 2009/5 Education (Early Childhood Services) Amendment Regulations 2009 Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 29 January 2009.

These regulations are administered by the Ministry of Education.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 9