OECE’s submission on changes to ECE licensing criteria: Our advice and feedback to the Ministry of Education

Office of Early Childhood Education submission on changes to ECE licensing criteria: Our advice and feedback to the Ministry of Education

July 24, 2025.
OECE – Te Tari Mātauranga Kōhungahunga.

Word or PDF copies are available on request – contact us

About this submission and key points

Below is the Office of Early Childhood Education’s feedback on the changes proposed by the Ministry of Education in its consultation document “Modernising ECE”. 

We have worked through each criterion for early childhood centres in the consultation document identifying what each change means, and provided feedback and recommendations as appropriate.

Our feedback is based on in-depth analysis of the proposed changes and views expressed by our service provider and teacher members.

We hope our advice will be useful. If it can’t be used now, then we hope it will be should problems begin to emerge following implementation of the licensing criteria and other regulatory changes. (We understand the Ministry of Education is required to fully implement the licensing change recommendations of the Ministry for Regulation review by the end of this year.)  

Key omissions the OECE has identified

1. Key policy levers—such as staffing qualifications and ratios—are being handled separately in the review of regulations (or not being handled at all, for example group/class size), despite being central to this current consultation exercise.
2. Typically, higher numbers of staff who are fully qualified in ECE and hold a practising certificate allow for a looser regulatory approach, which can place more reliance on professional judgement; fewer staff who are qualified in ECE necessitate tighter, enforceable regulations to ensure child safety, effective teaching, and good learning outcomes. If there is to be even greater flexibility in who is defined as a qualified teacher for working in ECE or a reduction in ECE staffing minimum requirements then information on this should have been available.  The fact that it is not, makes the weakening of the regulatory framework even more concerning. 
3. Many criteria that set minimum expectations for good teaching including partnership with parents in children’s care and education, service operation, and management practice (e.g. information for parents, HR practices, service philosophy, and financial planning) are planned for removal. Placement in non-enforceable guidance reduces the strength of the regulatory framework. For taxpayer money going into ECE it will also mean less value for money and heightened risk of greater costs in areas such as health care, family support, and remedial education for children as they go through the school system.
4. It is usually more effective for funding and regulatory reviews to occur in tandem, as funding mechanisms should be designed to enable and support the effective implementation of regulatory and policy goals.
5. Overall, the policy direction appears to be shifting away from assuring whānau that their tamariki will receive a minimum quality experience in ECE, and towards a model where compliance at a very basic level of provision of childcare is enough to receive public funding.

Key points regarding the licensing criteria consultation

1. Many of the proposed changes are substantial, will alter practices within services and have major effects on different groups of people within the sector – children, parents/caregivers, teachers/staff, service owners/investors, and community providers.  
2. But, participation by stakeholders in the consultation has been limited by having a short (one month) consultation period allowing only one method (online survey/submission).  Also, the participation of anyone other than the operators of ECE services and their representatives has been limited by Minister Seymour’s unequivocal message in the forward to the consultation discussion document: “I strongly encourage people who actually run, work at, and use early childhood regulation to make the most of this consultation. We want to create a regulatory system for ECE which works for those it regulates.”
3. Nowhere do we see evidence that the effects on children of changes proposed have been understood and mitigated. Combined with the planned removal of curriculum licensing criteria (C3, C4, C5, C6, C7, C8, C9, C10, C11, C12, C13) for which there has been no consultation this is enormously worrying for children.  
4. Nowhere do we see evidence that the effects on parents/caregivers and whānau have been understood and mitigated. Instead, it appears the changes are designed to reduce parent/caregiver and whānau participation in ECE services and partnership in the care and education of their children. Parents are moved to the periphery.  
5. In some cases, unrelated concepts are being combined into a single criterion (e.g. bed ratios and bed spacing), reducing specificity and increasing confusion.
6. It is pleasing to see the amendment to the licensing criterion for child protection requiring services to evaluate the effectiveness of their child protection policy and procedure. We believe this requires additional strengthening and that services should be required to submit their evaluation to the Ministry. The Ministry should also actively monitor services’ child protection practices, as recommended by Dame Karen Poutasi. 

Introduction

Licensing criteria for ECE services are essential for ensuring tamariki are safe and well cared for, and that their mental health and learning needs are met, in early childhood education.

They set out how ECE services can meet the minimum regulatory requirements. The Ministry of Education uses licensing criteria to assess services’ compliance.

But they’re not a perfect tool. Sometimes the Ministry is unable to hold services to account when things go wrong, or harmful practices are identified because the licensing criteria do not explicitly reference practice.

An example of harm to a child

When a 22-month-old child suffered a severe, permanent brain injury after choking on a piece of raw apple at an ECE centre he attended in Rotorua in 2016, the Ministry did not find the service in breach of regulations – even though raw apple was identified in Ministry guidance for ECE services as a food with a high-risk of choking, and the Ministry had recommended it not be served to children younger than 2.

The boy’s family, and the OECE, believe that by giving toddlers raw apple, the centre clearly breached the Education (EC Services) Regulation to “take all reasonable steps to promote the good health and safety of children enrolled in the service”. The Ministry concluded that the service had not breached regulation because nowhere in the licensing criteria was raw apple or serving high-risk choking foods banned.

Ministry comment on complaint handling

A Ministry report “Sharpening the Practice” (January 2019) discusses how it handles complaints and incidents, and states:

“the increasingly litigious nature of some services in the sector underlines the lack of clarity in some regulations and serves to take the focus away from the core business of education and care.” 

“some regulations focus more on paper than practice, with a consequent shift away from quality.  A case in point is the requirement to have a process for managing staff performance – but not the practices that support, enhance, and develop quality education and care”. 

“The Regulations were promulgated in 2008.  A lot has happened in the intervening years in terms of the burgeoning number of children in services, the size and complexity of services, and the growth in different service provision”. 

We believe the weakening of licensing criteria to ‘bare essential’ provision will make it even more difficult for the Ministry to ensure compliant practice and to implement improvement strategies for services where there are concerns because of the contestable nature of the proposed changed requirements.

The stated goal of changing ECE licensing criteria is to reduce costs to service providers and improve the quality of care for tamariki. But not all stakeholders agree that changing regulations will have this effect.

Regulatory ‘burden’ and overreach

An Auckland centre owner, Vince Grgicevich, told RNZ last month that he was not expecting the regulatory changes to address the problems facing the sector. He said: “That regulatory stuff, I personally think, is a waste of time. We’re inherently safe in what we do. There has to be some checks in place and they weren’t costing us anything. My annual regulatory budget was low. If I spent two or three thousand dollars a year, that would be it.”

Early childhood business lobby groups have repeatedly claimed that the current regulations are burdensome. However, investigations by the Office of Early Childhood Education have revealed that in many instances examples used publicly as evidence of regulatory overreach are not based in fact.

These include the commonly referred to anecdote by associate education minister David Seymour in speeches about the regulation overhaul, where he accuses the Ministry of Education of asking an early childhood centre to write to Kiwirail to request train drivers to stop honking their horns as they passed by. (The Ministry said the centre on its own accord decided to contact Kiwirail about the noise).

While the voices of proponents of the regulatory changes have been amplified in media articles and Seymour’s speeches about the review, consultation on the proposed changes with the wider sector, parents and whānau, and experts in the field of ECE has, in our view, been inadequate.

Feedback regarding the consultation process and form

Ministry of Education consultation on the proposed changes to the licensing criteria, in the form of an online survey, has been open for only one month (19 June – 24 July 2025). 

The consultation discussion document is 153 pages long. Teachers are reporting to us at the OECE that it has taken them two or more hours to read all of the information and then reply.  A private centre owner told us it took him 1.5 hours to complete the survey, and he said he “knows and understands the regs and licensing criteria very well!”.  

Moreover, the consultation survey is limited in that it only asks for feedback about criteria that the Ministry of Education intends to change and move. It does not ask for respondents to share their views on the criteria that have been indicated for removal.  

Prior to writing its regulatory review report, the Ministry for Regulation did not consult with parents and caregivers, teachers, early childhood researchers and teacher educators on each of the licensing criteria specifically.  Nor does it appear to have researched incidents and complaints, or referenced evidence from research to show the need and value for each change or criterion to be removed. No effort was made to identify lessons from serious incidents in the past involving a child or children, or to look for patterns in findings of non-compliance with licensing requirements. These would have provided crucial insight into the efficacy of current licensing requirements and provided clearer rationale for change.

Given time constraints we have focussed our feedback on the proposed changes/amendments to the licensing criteria for centre-based services set out in the consultation document “Modernising ECE”. 

We regret that due to time constraints OECE is not commenting on the licensing criteria specific to home-based and hospital-based services. However, where we have made comments and recommendations relating to licensing criteria that apply commonly across service types, these equally apply. 

ECE health and safety licensing criteria

HS1: Premises and contents are safe and hygienic

Premises, furniture, furnishings, fittings, equipment and materials are kept safe, hygienic and maintained in good condition.

Will be merged with HS11: Storage of sleep furniture and bedding

If not permanently set up, furniture or items intended for children to sleep on (such as cots, beds, stretchers or mattresses) and bedding is hygienically stored when not in use.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Premises, furniture, furnishings, fittings, equipment, materials, and sleeping items (such as mattresses, and bedding) are kept safe, clean, well-maintained, and hygienically stored when not in use.

ADVICE FROM OECE TO THE MINISTRY:

HS1 & HS11 – We recommend HS1 and HS11 are retained as they are. Or, re-word the proposed new criterion to make sure that there can be no misunderstanding that health, safety etc is necessary when in use, and that services will not need to put anything into hygienic storage that is not permanently set-up (not just sleep furniture and bedding) when not in use at any time.

HS2: Laundering

Linen used by children or adults is hygienically laundered. Documentation required: A procedure for the hygienic laundering (off-site or on-site) of linen used by the children or adults.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Linen used by children or adults is hygienically laundered off-site or on-site.

THE NEW CRITERION WILL MEAN:  

• No record of the method/s used for ensuring linen is hygienically laundered will need to be kept.
• There will be no ECE service document that staff or anyone can refer to and check if they are hygienically washing and drying linen. 
• Laundry may be sent home with a child, staff, or anyone with no procedure for ensuring communication on what is necessary for laundering hygiene. 

ADVICE FROM OECE TO THE MINISTRY:

HS2 – We recommend HS2 is retained as it is.  Clearly documented procedures not only demonstrate effective ECE service management practice, but promote shared understanding which empower staff and provide clarity, and tools to create a better hygienic environment for children.  

HS5: Safe assembly areas

Designated assembly areas for evacuation purposes outside the building keep children safe from further risk. 

Will be merged with HS7: Emergency plan and supplies

There are a written emergency plan and supplies to ensure the care and safety of children and adults at the service. The plan must include evacuation procedures for the service’s premises, which apply in a variety of emergency situations, and which are consistent with the fire evacuation scheme for the building.
Documentation required: A written emergency plan that includes at least: • An evacuation procedure for the premises. • A list of safety and emergency supplies and resources sufficient for the age and number of children and adults at the service and details of how these will be maintained and accessed in an emergency. • Details of the roles and responsibilities that will apply during an emergency situation. • A communication plan for families and support services. • Evidence of review of the plan on an, at least, annual basis and implementation of improved practices as required.

TO BECOME:

There is a written emergency plan and supplies to ensure the care and safety of children and adults at the service. The plan must include evacuation procedures that are specific to the service’s premises and the types of emergencies that are relevant to its location and context. These procedures are consistent with the building’s fire evacuation scheme.
Documentation required (written or digital) A written emergency plan that includes at least: • an evacuation procedure specific to the premises; • designated assembly areas located outside the building that helps keep children and adults safe from further risk; • a list of safety and emergency supplies and resources sufficient for the age and number of children and adults at the service and details of how these will be maintained and accessed in an emergency; • details of the roles and responsibilities of adults at the service that will apply during an emergency situation; • a communication plan for families and support services; and • evidence of review of the plan on an, at least, annual basis and implementation of improved practices as required.

THE NEW CRITERION WILL MEAN:  

• Evacuation procedures included in emergency plans that apply in a variety of emergency situations will change to emergencies relevant to the ECEs location and context.  Is this change necessary?  The Ministry is not known to have ever disapproved of an ECE’s emergency service plan that did not, for example, include evacuation procedures in the event of a tsunami if the service was located outside of a tsunami danger zone.  
• Documentation forms will be limited to hard copy documentation and digital information and therefore may be interpreted as excluding photographic images, video, and diagrams. 

ADVICE FROM OECE TO THE MINISTRY:

HS5 & HS7 – We recommend keeping HS5 and HS7. Merging would not improve safety and does not provide meaningful clarification.

Note that it is important to retain HS5.  The fire evacuation plan required by HS4 requires that in the case of fire, if a centre does not have automatic sprinklers, there must be a designated place or places of safety outside the building. With or without sprinklers, it would not be safe and healthy for children to be kept inside in the event of fire and the fire service would not allow this.  In the event of a different emergency such as threat of flood or cyclone, HS5 supports ECEs to have other designated places of safety that reflect the type of emergency.

HS6: Securing furniture

Heavy furniture, fixtures and equipment that could fall or topple and cause serious injury or damage are secured.

Will be merged with HS12: Hazard and risk management

Equipment, premises and facilities are checked on every day of operation for hazards to children. Accident/incident records are analysed to identify hazards and appropriate action is taken. Hazards to the safety of children are eliminated, isolated or minimised. Consideration of hazards must include but is not limited to: • cleaning agents, medicines, poisons and other hazardous materials • electrical sockets and appliances (particularly heaters) • hazards present in kitchen or laundry facilities
• vandalism, dangerous objects, and foreign materials (for example broken glass, animal droppings)
• the condition and placement of learning, play and other equipment • windows and other areas of glass • poisonous plants; and • bodies of water.
Documentation required: A documented risk management system

TO BECOME:

Risk Assessment and Management System (RAMS) is in place that ensures:
 1) On every day of operation equipment, premises and facilities are checked for hazards to children; these include but are not limited to: • cleaning agents, medicines, poisons and other hazardous materials • electrical sockets and appliances (particularly heaters) • hazards present in kitchen or laundry facilities • vandalism, dangerous objects, and foreign materials (for example broken glass, animal droppings) • the condition and placement of learning, play and other equipment • windows and other areas of glass • poisonous plants; • bodies of water, and  • heavy furniture, fixtures and equipment that could fall or topple and cause serious injury or damage are secured.
2) Hazards are eliminated, isolated or minimised.
3) Accident/incident records are analysed to identify recurring and emerging hazards and appropriate action is taken
Documentation required (written or digital) A documented risk assessment and management system

THE NEW CRITERION WILL MEAN:  

No change in what ECEs do.  The new criterion does not make anything clearer, nor does it improve safety.  

ADVICE FROM OECE TO THE MINISTRY:

HS6 & HS12 – We recommend the Ministry improve safety by specifying that before children enter an area, a hazard check for the area is completed (for example, a playground safety check should not be completed at the same time as supervising children in the playground). This would prevent foreseeable incidents from happening, such as a toddler slipping on the concrete frosty/icy path and a toddler falling off a climbing box that did not have safety mats placed around it. 

Further known hazards must be added to the list, including:  excessive heat (indoor room temperature does not exceed 24°C), concrete or cement paths/playground surfaces are a hazard especially for toddlers learning to walk and balance, playground surfaces (especially rubber and artificial turf) can get dangerously hot in direct sunlight, toys and objects that present a choking hazard to infants and toddlers (such as marbles and button batteries), wasps and bees, and dogs. 

HS8: Emergency drills

Adults providing education and care are familiar with relevant emergency drills and carry out each type of drill with children (as appropriate) on an, at least, 3-monthly basis.
Documentation required: A record of the emergency drills carried out and evidence of how evaluation of the drills has informed the annual review of the service’s emergency plan.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Adults providing education and care are familiar with relevant emergency drills and carry out each type of drill with children (as appropriate) on an, at least, 4-monthly basis.
Documentation required (written or digital) A record of the emergency drills carried out and evidence of how evaluation of the drills has informed the annual review of the service’s emergency plan.

THE NEW CRITERION WILL MEAN:  

• ECEs move from doing 4 emergency drills per year to 3.  
• Children and adults will be less practised at reacting quickly and appropriately in an emergency.
• More children and adults (who are new to the ECE) may not know or remember what to do in various emergency situations.
• Children will have less opportunity to participate in emergency preparation and, therefore, mitigation of harm will not be reduced. 

ADVICE FROM OECE TO THE MINISTRY:

HS8 – We recommend keeping HS8 as it is currently or increase the frequency of drills to at least every 2 months.

Do not move from 3 monthly to 4 monthly drills.  A change from 3- to 4-monthly drills contravenes a child’s right to full protection and to participate in preparing for a disaster on a regular basis. This is the most effective way to ensure preparedness and that procedures and practices are ingrained in the event of an emergency.

HS9: Sleep – sleep monitoring

A procedure for monitoring children’s sleep is displayed and implemented and a record of children’s sleep times is kept.
Documentation required: A procedure for monitoring children’s sleep. The procedure ensures that children: • do not have access to food or liquids while in bed; and • are checked for warmth, breathing, and general wellbeing at least every 5 to 10 minutes, or more frequently according to individual needs. A record of the time each child attending the service sleeps, and checks made by adults during that time.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

A procedure for monitoring children’s sleep is displayed and implemented and a record of children’s sleep times is kept.
Documentation required (written or digital) A procedure for monitoring children’s sleep. The procedure includes steps to ensure that children: • do not have access to food or liquids while in bed; and • are checked for warmth, breathing, and general wellbeing at least every 10 to 15 minutes, or more frequently according to individual needs. A record of the time each child attending the service sleeps, and checks made by adults during that time. 

THE NEW CRITERION WILL MEAN:  

• The length of time that infants and young children will not be actively supervised or have an adult present with them will be extended from 10 to 15 minutes.  That means an infant might choke on vomit, roll over, or fall out of bed, a child might jump out of their bed and hurt another child, or a child may be crying and distressed with no-one attending to them for 15 minutes – a long time in the life of a child or a life-threatening event 
• Documentation forms will be limited to hard copy documentation and digital information (which are easy to alter or update following an incident). The current wording may be interpreted as excluding audio recordings, video and photographic images as evidence. 

ADVICE FROM OECE TO THE MINISTRY:

HS9 – A decision to increase the allowable period of time where an adult is not present with children while sleeping from 10 to 15 minutes in an early childhood centre does not support every child’s right to care and protection. Below is some feedback from early childhood teachers of the realities of ECE centre sleep rooms:

“At a centre I worked at, the sleeping children were checked every 5 minutes. Sadly, in-between checks, one child climbed on top of another and badly scratched the other child’s face”.

“Definitely more quality sleeps with an adult supervising. You are able to get awake children up before they wake others. If children wake after only a short nap, you may be able to help them go back to sleep. Sometimes them waking and just seeing someone is there, is enough for them to settle themselves back.”

“I always wonder what would happen in the result of an emergency if there wasn’t a teacher there to help evacuate them.”

The criterion states a child should be checked more regularly according to individual needs.  We already know that this does not happen as many centres do scheduled or timed sleep checks rather than individualised checks.  Increasing the period that children are alone from 10 minutes to 15 minutes will increase the risk of child harm and death  

Lessons from a sad case that can help to inform the development of this licensing criterion: 
A 5-month-old infant died on March 17, 2023 in the sleep room at a centre. In this case, the Coroner’s report made several points that may help inform the development of this licensing criterion on sleep monitoring.  First, the baby appeared to the staff to be fine when put down to sleep, but died between the staff’s 10-minute checks of him. While it may not have changed the outcome, it is best practice for an adult to be close to a sleeping infant for the first 6 months of life.  Second, a highly reputable early childhood organisation that has child protection as a cornerstone of their work had a policy of putting loose blankets on babies “so the child can move around”. This tells us that the licensing criterion should specify what the safe sleep practices are so everyone knows and everyone follows these in all ECE services, such as:  there is nothing in the bed that might cover a baby’s face or lift their head – no pillows, toys, loose bedding or bumper pads. Third, the centre had a practice of two adults checking infants who set a 10-minute alarm to remind them.  There were nine infants in the sleep room. Since regulation was changed from requiring an adult to stay with sleeping children to checking only every 10 minutes, teachers have told us (and our observations have confirmed) that the practice of doing checks instead of an adult staying with sleeping children is disruptive to teachers’ work. Teachers would prefer that one adult stays with children.  But the sleep monitoring criterion as it is worded does not encourage or support this, and this is a problem also because regulations for adult-child ratios are applied across all the whole premises and not per group or classroom. 

We (the Office of Early Childhood Education) strongly advise the Ministry to further review the sleep monitoring criterion. 

We recommend that the previous requirement from the Education (Early Childhood Centres) Regulations 1990, Clause 23, No. 4: “all children resting or sleeping are at all times within sight of a staff member”, be re-instated and incorporated into the licensing criteria for sleep monitoring. 

We also recommend that it be made mandatory for staff to have completed sleep safety training within the last two years. 

HS14: Hot water cylinder temperature

Water stored in any hot water cylinder is kept at a temperature of at least 60°C.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Water stored in any hot water cylinder is kept at a temperature of at least 60°C. Any malfunctioning hot water cylinder is inspected and repaired as necessary.

THE NEW CRITERION WILL MEAN:  

• Practices will remain the same. There is nothing different or new.  

ADVICE FROM OECE TO THE MINISTRY:

HS14 – We recommend the Ministry consider including a statement on the importance of regular inspection to ensure that water in the hot water cylinder is kept at least at 60°C, and when found not to be then no water should be drawn from the hot water cylinder until it is repaired. 

HS16: Animals

Safe and hygienic handling practices are implemented with regard to any animals at the service. All animals are able to be restrained.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Safe and hygienic practices are implemented with regard to any animals at the service (such as thorough handwashing after handling animals and ensuring animals can be kept separate from food preparation/eating spaces). All animals are able to be restrained if they pose a risk to children.

THE NEW CRITERION WILL MEAN:  

• Animals only have to be restrained if they pose a risk to children.  

ADVICE FROM OECE TO THE MINISTRY:

HS16 – OECE supports the retention of this requirement. But, the introduction of the words “pose a risk” will be difficult to interpret in practice because risk may not always be obvious and can be individualised to a child. For example, young children can fear dogs and animals they are not familiar with, affecting their learning, comfort, and happiness. 

A neighbour’s cat may pose a risk as it wanders across the playground to the sandpit to use it as a toilet. Imagine trying to control the movement of every bee and insect.

We also recommend the Ministry further review this criterion to emphasise the importance of common-sense practices such as: a pet sheep is not allowed to walk where babies are crawling,  birds are prevented from flying around inside (leaving their droppings on surfaces and toys or eating children’s food), children and animals are separated during noisy high-energy play, when food is present, and when the animal or child is sleeping, insect nests are removed, and safety precautions are taken around insects, for example, wearing closed shoes when playing in long grass or where there are bees and wasps.

HS17: Excursions

Whenever children leave the premises on an excursion:
• assessment and management of risk is undertaken, and adult:child ratios are determined accordingly. Ratios are not less than the required adult:child ratio.
• the first aid requirements in criterion HS25 are met in relation to those children and any children remaining at the premises • parents have given prior written approval to their child’s participation and of the proposed ratio for: › regular excursions at the time of enrolment and › special excursions prior to the excursion taking place; and • there are communication systems in place so that people know where the children are, and adults can communicate with others as necessary.
When children leave the premises on a regular or special excursion, the excursion must be approved by the person responsible.
Documentation required: A record of excursions that includes:
• the names of adults and children involved  • the time and date of the excursion  • the location and method of travel  • assessment and management of risk • adult:child ratios
• evidence of parental permission and approval of adult:child ratios for regular excursions
• evidence of parental permission and approval of adult:child ratios for special excursions; and
• the signature of the person responsible giving approval for the excursion to take place.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Whenever children leave the premises on an excursion:
• a risk assessment and management process (RAMS) is undertaken, and adult:child ratios are determined accordingly. Ratios are not less than the required adult:child ratio
• first aid requirements in criterion HS25 are met in relation to those children and any children remaining at the premises • parents have given prior written approval to their child’s participation and of the proposed ratio, location and method of travel for: › regular excursions at the time of enrolment; and › special excursions prior to the excursion taking place
• communication systems are in place so that people know where the children are, and adults can communicate with others as necessary; and  • the Person Responsible approves all excursions (regular and special) before they take place.
Documentation required (written or digital) A record of excursions that includes:
• the names of all adults and children involved • the time and date of the excursion
• adult:child ratios  • the location and method of travel  • completed risk assessment and management process (RAMS)
• evidence of parental permission and approval of adult:child ratios, location and method of travel for regular and special excursions; and
• the signature of the person responsible giving approval for the excursion to take place.

THE NEW CRITERION WILL MEAN:  

• Evidence of parental permission and approval of adult:child ratios, (AND) location and method of travel for regular and special excursions will be required.  Apart from this, little has changed except for the order and layout of points.  

ADVICE FROM OECE TO THE MINISTRY:

HS17:  We support the retention of this licensing criterion and the changes proposed.  We recommend that the Ministry also consider including public transport supervision in this criterion. For example, who is responsible for children’s safety on public transport by ensuring they are seated while a bus or train is moving and are not seated with a stranger separate from others from their ECE service? This recommendation comes from our knowledge of an incident reported by a concerned member of the public. 

HS19: Food and nutrition

Food is served at appropriate times to meet the nutritional needs of each child while they are attending. Where food is provided by the service, it is of sufficient variety, quantity and quality to meet the nutritional and developmental needs of each child. Where food is provided by parents, the service encourages and promotes healthy eating guidelines.
Documentation required: A record of all food served during the service’s hours of operation (other than that provided by parents for their own children). Records show the type of food provided and are available for inspection for 3 months after the food is served.

Will be merged with HS21: Drinking water

An ample supply of water that is fit to drink is available to children at all times, and older children are able to access this water independently.

TO BECOME:

An ample supply of water that is fit to drink is available to children at all times, and older children are able to access this water independently.
Food is served at appropriate times to meet the nutritional needs of each child while they are attending. Where food is provided by the service, it is of sufficient variety, quantity and quality to meet the nutritional and developmental needs of each child. Where food is provided by parents, the service encourages and promotes healthy eating guidelines.
Documentation required (written or digital) A record of all food served during the service’s hours of operation (excluding food provided by parents for their own children). Records show the type of food provided and are available for inspection for 3 months after the food is served.

THE NEW CRITERION WILL MEAN:  

• Nothing will change, except documentation forms will be limited to hard copy documentation and digital information (which are easy to alter or update following an incident). This requirement may also be interpreted as excluding video and photographic images.  Written or digital evidence may also be interpreted as excluding documentation in the form of children drawing pictures or collage of the foods served to provide a daily or weekly food board.  

ADVICE FROM OECE TO THE MINISTRY:

HS19 & HS21 – We recommend the Ministry define “older children” by stating an age e.g. children 2 years and older.  

We also recommend that the Ministry make it clear that the criterion does not support food items provided by parents being withheld from children on the basis of not being ‘healthy’. 

HS22: Supervision while eating

Children are supervised and seated while eating.  Where food is provided by the service, foods that pose a high choking risk are not to be served unless prepared in accordance with best practice as set out in Ministry of Health’s guide: Reducing food-related choking for babies and young children at early learning services. 
Where food is provided by parents, the service promotes best practices as set out in the Ministry of Health’s guide and must provide to all parents at the time of enrolment a copy of the pamphlet: Reducing food-related choking for babies and young children at early learning services.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Children are supervised and are seated while eating. A supervising adult must be in close proximity to children (but is not required to be seated) and know how to respond if a child is choking or has an adverse reaction. Where food is provided by the service, foods that pose a high choking risk are not to be served unless prepared in accordance with best practice as set out in Ministry of Health’s guide: Reducing food-related choking for babies and young children at early learning services.
Where food is provided by parents, the service promotes best practices as set out in the Ministry of Health’s guide and must inform all parents at the time of enrolment how to access a copy of the guide: Reducing food-related choking for babies and young children at early learning services.

THE NEW CRITERION WILL MEAN:  

• There is no requirement for the adult to be with children who are eating; instead, the adult can be nearby for example in the kitchen or outside watching children through an open door.  
• There is no requirement for the supervising adult to have recent training in the appropriate first aid to give if an infant, older, or larger child chokes, and to know how to recognise symptoms of anaphylaxis and how to use an Epi-pen. 
• Where food is provided by parents, the service will no longer need to provide parents with a copy of the Ministry of Health pamphlet to keep.
• Where food is provided by parents, at the time of enrolment the service will be required to inform parents how to access a copy of the Ministry of Health’s full guide for ECE services (i.e. that there is a guide and presumably what the online link is).  After the child has started attending the service, there is no requirement to follow up with parents. 

ADVICE FROM OECE TO THE MINISTRY:

HS22 – We recommend that the Ministry reviews this criterion to ensure that at least one adult sits with children. Mealtimes are more than safety events. Adults encourage and support interaction and language.  Standing over or observing and not participating creates a different dynamic and does not align with sociocultural understandings of learning and development. For children attending ECE full-time this is where they learn how to eat with others and participate in groups and all kinds of other social and cultural learning.

We strongly advice that a list of foods be added into the licensing criterion that are a high-risk choking hazard to infants, toddlers, and pre-schoolers, with indications of which foods can still be given if the texture is altered through boiling, mashing, or grating.  

We also advise the Ministry not to have links to non-Ministry websites in the licensing criteria since it cannot control what is in those links or if those links cease to function. Any links should be placed outside of the licensing requirements, into guidance or thinking points.  

HS24: Room temperature

Rooms used by children are kept at a comfortable temperature no lower than 18°C (at 500mm above the floor) while children are attending.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Maintain a comfortable temperature in rooms used by children (no lower than 18°C at 500mm above the floor), allowing for fluctuating temperatures for brief periods.

THE NEW CRITERION WILL MEAN:  

• Rooms used by children can be lower than 18°C for brief periods of time and it does not matter how low the temperature is.  
• Allowing for fluctuating temperatures is not restricted to any particular circumstances such as if a door is briefly opened. 

ADVICE FROM OECE TO THE MINISTRY:

HS24 – OECE recommends that the Ministry revise this criterion to make clear the definition of how ‘brief’ i.e. how long can the maximum fluctuations be in time and how low in temperature. Without clarification this criterion will be open to interpretation, difficult to enforce and contestable in a court of law.

We also recommend setting a maximum temperature for rooms because exposure to high temperature is dangerous for children’s health. To be safe, indoor room temperature should not exceed 24°C.

It is important also that adults providing care and education are aware that young children are more vulnerable to heat and rely on them to understand the risk.  Procedures should be required to be developed to manage risk. For example, adults need to be aware of the potential risk to a non-mobile infant from the sun’s heat when placing them in direct sunlight by a window.  

HS25: First aid qualifications

There is an adult present at all times for every 25 children attending (or part thereof) that:
• holds a current first aid qualification gained from a New Zealand Qualification Authority accredited first aid training provider or • is a registered medical practitioner or nurse with a current practising certificate or • is a qualified ambulance officer or paramedic.
If a child is injured, any required first aid is administered or supervised by an adult meeting these requirements.
Documentation required: Copies of current first aid (or medical practising) certificates for adults counting towards this requirement.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

There is an adult present at all times for every 25 children attending (or part thereof) that:
• holds a current first aid qualification gained from a New Zealand Qualification Authority accredited first aid training provider; or • is a registered medical practitioner, nurse or midwife with a current practising certificate; or • is a qualified ambulance officer or paramedic.
In the case of an emergency, such as those described in HS27, the required ratio of first aid qualified adults may be temporarily reduced to 1 adult for every 50 children for the duration of that situation.
If a child is injured, any required first aid is administered or supervised by an adult meeting these requirements.
Documentation required: Copies of current first aid (or medical practising) certificates for adults counting towards this requirement.

THE NEW CRITERION WILL MEAN:  

• The ‘person responsible’ requirement should ensure there’s at least one adult with a first aid qualification for every 50 children in attendance in the case of an emergency such as those described in H27 which is when immediate medical assistance is needed for a child who is seriously injured, or has become seriously ill.   
• In services licensed for 25 or fewer children, should its one first-aid qualified adult be tending a child who is injured or ill, any second or more children who subsequently need first aid may be required to wait until the first-aid qualified adult returns to the service or is available to supervise another adult who is not first-aid qualified. 
• The proposed change will enable midwives with a current practising certificate to count as a qualified first aider.  This is non-problematic because first aid training is a requirement for midwives. 

ADVICE FROM OECE TO THE MINISTRY:

HS25 – We recommend the Ministry improve safety rather than reduce it.  This is a high-risk area where adults are responsible for children in an age group where accidents and injuries are likely to be higher than in an older population.  One first aider for every 25-50 children under 5 years is unsafe and especially when there is an emergency and potentially the need for more than one first aider. 

HS28: Medicine administration

Medicine (prescription and non-prescription) is not given to a child unless it is given: • by a doctor or ambulance personnel in an emergency or • by the parent of the child or • with the written authority (appropriate to the category of medicine) of a parent. Medicines are stored safely and appropriately, and are disposed of, or sent home with a parent (if supplied in relation to a specific child) after the specified time. Documentation required: A record of the written authority from parents for the administration of medicine in accordance with the requirement for the category of medicine outlined in Appendix 3.
A record of all medicine (prescription and non-prescription) given to children attending the service. Records include: • name of the child • name and amount of medicine given • date and time medicine was administered and by whom and • evidence of parental acknowledgement

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Medicine (prescription and non-prescription) is not given to a child unless it is given: • by a doctor or ambulance personnel in an emergency or • by the parent of the child or • with the written authority (appropriate to the category of medicine) of a parent. Before an adult at the service administers medication, the person must check the medication, dosage and time reflects the parent’s authorisation. Medicines are stored safely and appropriately, and are disposed of, or sent home with a parent (if supplied in relation to a specific child) after the specified time. Documentation required (written or digital) 1) A record of the written authority from parents for the administration of medicine in accordance with the requirement for the category of medicine outlined in Appendix 3. 2) A record of all medicine (prescription and non-prescription) given to children attending the service. Records include: › child’s full name › name and amount of medicine given, › date and time medicine was administered and by whom; and › evidence of parental acknowledgement. Appendix 3 (revised – to remove Category (i) medicines:  A non-prescription preparation (such as arnica cream, antiseptic liquid, insect bite treatment spray and so on) that is: not ingested and used for minor injuries and provided by the service and kept in the first aid cabinet.)
Each day, parents acknowledge that their child has received their medication, and confirmation should be recorded. This applies to medicine that is prescription (such as antibiotics, eye/ear drops and so on) or non-prescription (such as paracetamol liquid, cough syrup and so on) used for a specific period of time to treat a specific condition or symptom.
Frequency of parental acknowledgment can be agreed between service provider and parents. This applies to medicine that is prescription (such as asthma inhalers or nonprescription (such as antihistamine syrup, lanolin cream and so on) used for the ongoing treatment of a pre-diagnosed condition.

THE NEW CRITERION WILL MEAN:  

• Written authority from a parent at enrolment for any non-prescription preparations kept in the first aid cabinet that is not ingested (such as insect bite spray) will no longer be required.  Children will be able to be given non-prescription preparations without their parents’ authorisation or knowledge, and such preparations may come from the first aid cabinet or anywhere, such as staff own creams or oils.  
• Information about child allergies (e.g. latex, sticking plaster, sun creams) will continue to need to be recorded under GMA10, but will not be required to be taken into account here in what non-prescription preparations are given. 
• Because parental approval will no longer be required for non-prescription medication that is not ingested, there is a risk that children will be given medication they are allergic to or cannot tolerate. For example, a child with eczema could be sprayed with bug spray which could be painful and cause the condition to flare up.

ADVICE FROM OECE TO THE MINISTRY:  

HS28 – We recommend that the requirement for non-prescription preparations be retained as some of these preparations are quite toxic, including naturally-based preparations.  It could be as simple as a clause in the enrolment form for parent agreement specifying the non-prescription preparations used by the service, in case of need. If parents are concerned, they can raise this at the time of enrolment and place any caveats at an early point. Then everyone is protected, including staff.

By removing this requirement there are no controls on the nature of preparations being used. Parents have a right to know the preparations potentially being applied to their children.  Moreover, a spray can be ingested via aerosol droplets or children may rub an area where a preparation has been applied and put fingers in their mouth.  

HS29: Medicine training

Adults who administer medicine to children (other than their own) are provided with information and/or training relevant to the task.
Documentation required: A record of training and/or information provided to adults who administer medicine to children (other than their own) while at the service.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

Adults responsible for administering medicine to children (other than their own) are provided with the necessary information, training, or instruction to do so safely and effectively. This may be from the child’s parent or whānau, or a health professional, as appropriate. 

THE NEW CRITERION WILL MEAN:  

• No record needs to be kept.  Therefore, any adult could administer medicine and there would be no ‘proof’ of training or training. 

ADVICE FROM OECE TO THE MINISTRY:

HS29 – We recommend that the requirement for documentation be retained and not removed. Having records of required medicine training is part of good management practices and helps to avoid misunderstandings and poor decisions. 

HS31: Child protection

There is a written child protection policy that meets the requirements of the Vulnerable Children Act 2014. The policy contains provisions for the identification and reporting of child abuse and neglect, and information about how the service will keep children safe from abuse and neglect, and how it will respond to suspected child abuse and neglect. The policy must be reviewed every 3 years.
Documentation required: A written child protection policy that contains:
• provisions for the service’s identification and reporting of child abuse and neglect • information about the practices the service employs to keep children safe from abuse and neglect and • information about how the service will respond to suspected child abuse and neglect.
A procedure that sets out how the service will identify and respond to suspected child abuse and/or neglect.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

A written child protection policy and procedure is implemented that meets the requirements of the Children’s Act 2014. The policy and procedure contain provisions for:
 • the identification and reporting of child abuse and neglect
• information about how the service will keep children safe from abuse and neglect
• how the service will respond to suspected child abuse and neglect.
The policy and procedure must be reviewed every 3 years to assess how well it has supported or would support the service’s response to child abuse and neglect.
Documentation required
• A written child protection policy that contains: › provisions for the service’s identification and reporting of child abuse and neglect › information about the practices the service employs to keep children safe from abuse and neglect and › information about how the service will respond to suspected child abuse and neglect.
• A procedure that sets out how the service will identify and respond to suspected child abuse and/or neglect.
• Evidence the service has reviewed the policy and procedure every three years. As part of the review, the service must evaluate how well the policy and procedure works using at least one example of either: › how well the policy and procedure has supported the service to respond, or › how well the policy and procedure would support the service to respond using a hypothetical scenario.

THE NEW CRITERION WILL MEAN:  

• The introduction of a requirement for services to evaluate the effectiveness of their child protection policy and procedure using either an actual or hypothetical example.

ADVICE FROM OECE TO THE MINISTRY:

HS31 – OECE supports the retention of these requirements.  We also welcome the introduction of the requirement for services to test their process.  This may help to strengthen child protection processes.  

A missing element is the recommendation of Dame Karen Poutasi for active monitoring of child protection policies and how they are implemented by ECE services to ensure each service is providing effective protection for children.  We recommend that the Ministry adds here a requirement for services to provide the Ministry with their evaluation report for review and feedback. 

We strongly advise the Ministry to commence more regular licensing checks of all ECE services to ensure compliance and that children are at least receiving the minimum level of care, education and protection specified in these regulations.

Since staff, managers and owners with child protection responsibilities may not adhere to the guidance and act on it due to management issues within the service, we also recommend that the Ministry investigate making it mandatory for service providers to report suspected child abuse.

HS34: Incident notification to the ministry of education

Where there is a serious injury or illness or incident involving a child while at the service that is required to be notified to a specified agency, the service provider must also notify the Ministry of Education at the same time.
Documentation required: A copy of the notification sent to the specified agency.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:

The Ministry of Education must be notified at the same time as any specified agencies when there is a serious injury, illness, or incident involving a child while at the service.
The Ministry must also be notified as soon as possible if the service’s child protection policy requires a notification to any agency (such as Oranga Tamariki or Police) relating to a child while attending the service. The Ministry of Education must also be notified as soon as possible of the following incidents: 

• A child leaves the premises without the knowledge of an adult, regardless of the duration. 
• A child is locked inside the premises after operating hours.
• A child is taken from the service by someone not authorised in writing to do so.  
• A child is left behind or goes missing during an excursion. 

Documentation required (written or digital) A copy of the notification sent to any specified agency and summary of any notification or report of concern sent to Oranga Tamariki or NZ Police. Where applicable, a copy of the service’s investigation into the incident, including recorded outcomes and any supporting documentation.

THE NEW CRITERION WILL MEAN:  

• Possible confusion as to whether the new wording means notification to the Ministry of all injuries, illnesses, and serious incidents involving a child and not just those that are required to be notified to a specified agency.
• Services must also notify the Ministry should a child go missing or is left alone on the premises or when on an excursion. 
• Documentation forms will be limited to hard copy documentation and digital information (which are easy to alter or update following an incident) and therefore may be interpreted as excluding any audio recordings, video, and photographic images. 

ADVICE FROM OECE TO THE MINISTRY:

HS34 – OECE supports these changes in reporting and believe this will help to strengthen child safety.

We recommend the Ministry makes the wording clearer if the intention is to require services to report all serious injuries, illnesses, and incidents involving a child e.g. if treated by a doctor, dentist, or at A&E – such as a broken bone or a severe allergic reaction (anaphylaxis).  We hope that this is what the change in wording means.  Reporting all injuries, illnesses and incidents of a serious nature will help to improve child safety and illness prevention practices in services through ECE service transparency.  It will also provide data for the Ministry to track the occurrence of incidents, injuries and illness of a serious nature.  Evaluations of such data will support better policy decision-making.  It will also enable the Ministry to have the heads-up on what’s happened at a service so support or intervention can be provided early if needed, rather than later following a complaint.

We recommend the Ministry states the timeframe for notification of serious injuries, illnesses, and incidents, i.e. as soon as possible on the same day.

We know of an incident when a child was left for several hours in a locked ECE van by a driver taking children home. We recommend that this kind of scenario is included in the list of reportable incidents.

ECE centre premises and facilities licensing criteria

PF1: Design and layout of premises

The design and layout of the premises: • support the provision of different types of indoor and outdoor experiences; and • include quiet spaces, areas for physically active play, and space for a range of individual and group learning experiences appropriate to the number, ages, and abilities of children attending.

Will be merged with PF2: Premises support effective supervision

The design and layout of the premises support effective adult supervision so that children’s access to the licensed space (indoor and outdoor) is not unnecessarily limited.

TO BECOME:

The design and layout of the premises: • support the provision of different types of indoor and outdoor experiences • support effective adult supervision so that children’s access to the licensed space (indoor and outdoor) is not unnecessarily limited; and • include quiet spaces, areas for physically active play, and space for a range of individual and group learning experiences appropriate to the number, ages, and abilities of children attending.

THE NEW CRITERION WILL MEAN: 

• No change in the requirements.
• But, merging the two criteria, one on type of space and one on adult supervision, makes comprehension difficult.  It also minimises the importance of “support effective adult supervision”

ADVICE FROM OECE TO THE MINISTRY:

PF1 & PF2 – We advise retaining PF1 and PF2 as they are, for clarity and to recognise the importance of supporting effective supervision. 

PF4: Variety of equipment

A sufficient quantity and variety of (indoor and outdoor) furniture, equipment, and materials is provided that is appropriate for the learning and abilities of the children attending.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME 

A sufficient quantity and range of indoor and outdoor furniture, equipment, and materials is provided to ensure children have timely access to appropriate learning challenges, experiences, and opportunities that support their developmental stages, abilities, and current and emerging interests.

THE NEW CRITERION WILL MEAN: 

• The addition of a requirement that children must have timely access to equipment.
• The addition of a requirement that equipment is suited to children’s developmental stages and to their current and emerging interests.

ADVICE FROM OECE TO THE MINISTRY:

PF4 – OECE supports this change in wording for PF4.  However, ‘timely’ needs to be defined.  Does timely refer to having equipment and materials always available for when children choose to access these, based on a schedule of times for putting different activities out, or is it about responding to children’s requests for access?  

PF9: Adult workspace

There is space for adults working at the service to: • use for planned breaks • meet privately with parents and colleagues • store curriculum support materials; and • assess, plan and evaluate.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

There is space (where children are not present) for adults working at the service to: • use for planned breaks • meet privately with parents and colleagues • store curriculum support materials; and • assess, plan and evaluate.

THE NEW CRITERION WILL MEAN: 

• Adults will have their own room that is not a joint space with children.  

ADVICE FROM OECE TO THE MINISTRY:

PF9 – OECE supports this change in wording for PF9, but we recommend that it be added that children can be present in the adult space when their parents or caregivers are meeting with staff.

PF12: Lighting, ventilation, heating, and acoustic materials

Parts of the building or buildings used by children have: • lighting (natural or artificial) that is appropriate to the activities offered or purpose of each room • ventilation (natural or mechanical) that allows fresh air to circulate (particularly in sanitary and sleep areas) • a safe and effective means of maintaining a room temperature of no lower than 18°C; and • acoustic absorption materials, if nearly necessary, to reduce noise levels that may negatively affect children’s learning or wellbeing.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

Parts of the building or buildings used by children have: • lighting (natural or artificial) that is appropriate to the activities offered or purpose of each room • ventilation (natural or mechanical) that allows sufficient fresh air to circulate (particularly in sanitary and sleep areas) •safe and effective means of maintaining a comfortable room temperature; and • acoustic absorption materials, if necessary, to reduce noise levels that may negatively affect children’s learning or wellbeing.

THE NEW CRITERION WILL MEAN: 

• There is no change in requirements.
• It removes the 18°C duplication which is in the HS24 licensing criterion for room temperature.

ADVICE FROM OECE TO THE MINISTRY:

PF12:  We recommend that P12 is kept as it is.  The new criterion will add confusion because by deleting “18°C” there is now a problem that ‘a comfortable room temperature’ is not defined and this is therefore open to interpretation.   

PF13: Outdoor activity space

Outdoor activity space is: • connected to the indoor activity space and can be easily and safely accessed by children • safe, well-drained, and suitably surfaced for a variety of activities • enclosed by structures and/or fences and gates designed to ensure that children are not able to leave the premises without the knowledge of adults providing education and care • not unduly restricted by Resource Consent conditions with regards to its use by the service to provide for outdoor experiences; and • available for the exclusive use of the service during hours of operation.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

Outdoor activity space is: • connected to the indoor activity space so that children can access it safely and easily (limiting outdoor access may be appropriate at times). • safe, well-drained, and suitably surfaced for a variety of activities • enclosed by structures and/or fences and gates designed to ensure that children are not able to leave the premises without the knowledge of adults providing education and care • not unduly restricted by Resource Consent conditions with regards to its use by the service to provide for outdoor experiences; and • available for the exclusive use of the service during hours of operation

THE NEW CRITERION WILL MEAN: 

• Indoor-outdoor flow will no longer be a requirement.
• Adults may limit children’s outdoor access. 

ADVICE FROM OECE TO THE MINISTRY:

PF13 – OECE recommends PF13 is retained as it is.  Adding the words “limiting outdoor access may be appropriate at times” invites adults to limit children’s outdoor access when it suits them – for example if no adult is willing to put on their coat and go outside to supervise children on a winter’s day. It also means the outdoor space can be used for purposes other than for children’s care and education, such providing a venue for a government minister to meet with media to make a policy announcement.  It invites service providers to ignore Regulation 45 and Schedule 4 on activity space for children.  

PF14: Infant toddler safe space

Applies only to services licensed for under 2-year-olds. There are safe and comfortable (indoor and outdoor) spaces for infants, toddlers or children not walking to lie, roll, creep, crawl, pull themselves up, learn to walk and to be protected from more mobile children.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

Applies only to services licensed for under 2-year-olds. There are safe and comfortable (indoor and outdoor) spaces for infants, toddlers or children not walking to lie, roll, creep, crawl, pull themselves up, learn to walk and to be protected from more mobile children. This does not prohibit infants and toddlers from moving throughout the premises or learning alongside older children.

THE NEW CRITERION WILL MEAN: 

• Infants and toddlers can be in space designed for older and bigger children some or all of the time, using furniture, facilities, and equipment that may not be safe or appropriate for their needs and abilities.

ADVICE FROM OECE TO THE MINISTRY:

PF14 – OECE does not support this change of wording. We recommend that PF14 be retained as it is.  A fatal fall of toddler who was taken into the older children’s area that had adult-sized furniture tells us that potential dangers of having young children in space designed for older children may not be mitigated through greater vigilance by staff.  For the OECE to support this proposed change, it needs to include consideration of a higher ratio of staff to under-2s and specify that under-2s must be actively supervised. 

PF16: Kitchen facilities

There are facilities for the hygienic preparation, storage and/or serving of food and drink that contain: • a means of keeping perishable food at a temperature at or below 4°C and protected from vermin and insects • a means of cooking and/or heating food • a means of hygienically washing dishes • a sink connected to a hot water supply • storage; and • food preparation surfaces that are impervious to moisture and can be easily maintained in a hygienic condition.

Will be merged with HS20: Food hygiene

Food is prepared, served and stored hygienically.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

Services not subject to National Programme 2 (NP2) under the Food Act 2014. (Services subject to NP2 are deemed to meet this requirement through their NP2 registration)

Services ensure that facilities used to prepare, serve, and store food and drink are hygienic and suitable for purpose. These facilities must include: • a means of keeping perishable food at or below 5°C • a means of keeping all foods protected from pests • a means of cooking and/or heating food to safe temperatures • a means of hygienically washing dishes • a sink connected to a hot water supply • adequate and suitable storage for food, utensils, and equipment; and • food preparation surfaces that are easily maintained in a hygienic condition

THE NEW CRITERION WILL MEAN: 

• It is applicable only to ECE services that are not part of National Programme 2 (NP2).
• There is no mention of HS20 to ensure hygienic food preparation, storage and serving, therefore the new criterion will mean services can act in an unsafe fashion without breaching criteria.

ADVICE FROM OECE TO THE MINISTRY:

 PF16 & HS20 – OECE strongly advises that PF16 & HS20 are retained as they are.  While it makes sense to have PF16 applicable only to ECEs that are not part of NP2, the Ministry of Education is a regulator for children’s health and safety and therefore when it receives a complaint that for example concerns rats in a centre kitchen and “unhygienic practices” it should be able to investigate and take action regardless of whether the service is part of NP2 or not. The intent of HS20 – that food is prepared, served and stored hygienically – is not reflected in the proposed new criterion. 

PF18: Toilets

The service has at least 1 toilet for every 1 to 15 persons. Persons are defined as children aged 2 and older and teaching staff that count towards the required adult:child ratio.

Will be merged with PF20: Toilet and handwashing facilities

Toilet and associated handwashing/drying facilities intended for use by children are: • designed and located to allow children capable of independent toileting to access them safely without adult help and • adequately separated from areas of the service used for play or food preparation to prevent the spread of infection.

Will be merged with PF22: Toilet privacy

At least 1 of the toilets for use by children is designed to provide them with some sense of privacy.

TO BECOME: 

• The service has at least 1 toilet for every 1 to 15 persons. Persons are defined as children aged 2 and older and adults that count towards the minimum adult:child ratio requirements.
• Toilets intended for use by children or adults must be adequately separated from areas used for play or where food is prepared, to help minimise the spread of infection.
• Toilets intended for use by children must be easy and safe for them to reach and use on their own, without needing help from an adult. At least one of these toilets must be designed to provide a sense of privacy.

THE NEW CRITERION WILL MEAN: 

• A re-ordering of requirements for toilets and privacy with toilets no longer being linked to handwashing facilities.

ADVICE FROM OECE TO THE MINISTRY:

PF18, PF20, & PF22 – Please note that this change will act to encourage services to reduce bathroom size and have handwash facilities in spaces that are not within the immediate toileting area.  In regard to toilet privacy for children, the requirement is too minimal and does not protect children and support children’s rights to privacy.  It should not be possible for any adult who is standing outside or in a centre building to see children taking down their pants and using a toilet, but it is. The licensing criterion as it is worded supports services to not afford children privacy when using a toilet or changing underwear.  Teachers have reported to us the difficulties of caring for children when they have refused to use the toilets at the ECE and that children will hold on until they get home, or will soil their pants. We were told about one child who found a creative solution of peeing discreetly down his trouser leg into one of his gumboots to avoid using the toilet.  Adults may have personal phones and recording devices and there are no safeguards to prevent images being taken of children. 

The OECE strongly advises the Ministry change the requirement for toilet privacy to:  All toilets or toilet cubicles intended for use by children have doors that prevent visibility from the outside (these may be ½ doors) that can be closed to provide privacy, support children’s dignity, and mitigate the risk of filming and images being taken of children when using the toilet.  

PF19: Handwashing facilities ratio

There is at least 1 tap delivering warm water (over an individual or shared handbasin) for every 15 persons (or part thereof) at the service (that is to say, children attending and adults counting towards the required adult:child ratio).

Will be merged with PF20: Toilet and handwashing facilities

Toilet and associated handwashing/drying facilities intended for use by children are: • designed and located to allow children capable of independent toileting to access them safely without adult help and • adequately separated from areas of the service used for play or food preparation to prevent the spread of infection.

Will be merged with PF21: Hand drying facilities

There is means of drying hands for children and adults that prevents the spread of infection.

TO BECOME: 

There is at least 1 tap delivering warm water (over an individual or shared handbasin) for every 15 persons. Persons are defined as children attending and adults counting towards minimum adult:child ratio requirements.

Appropriate handwashing/drying facilities are provided (for both adults and children) that minimises the spread of infection. • These facilities are safe and easy to access after using the toilet and are kept separate from play areas and places where food is prepared or served. • Children capable of using the toilet independently have handwashing/drying facilities that can be used safely without adult help.

THE NEW CRITERION WILL MEAN:

• The requirement will be reduced from “prevents the spread of infection” to “minimises the spread of infection”.
• Handwashing facilities will no longer be linked to criteria for toilets.

ADVICE FROM OECE TO THE MINISTRY:

PF19, PF20 & PF21 – We recommend that PF21 be retained as it is. We strongly advise that the criterion for handwashing facilities is reviewed to support ECE services to have basins/handwashing facilities in the outdoor area for adult and child use if needed before they go indoors, and by art or messy play areas to encourage handwashing so children/adults do not have to leave the play area to wash their hands between activities.

PF23: Adult toilet and handwashing

There is a toilet suitable for adults to use

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

There is a toilet and handwashing/ drying facilities suitable for adults to use that minimises the spread of infection.

THE NEW CRITERION WILL MEAN:

• Handwashing/ drying facilities must be located in the same area as the adults’ toilet.

ADVICE FROM OECE TO THE MINISTRY:

PF23 – OECE supports the retention of PF23.  Not all ECEs are in buildings covered by the Building Act, so it’s essential to have this criterion.  As well as staff, it’s essential that there is a toilet that visitors and parents can use when they are on the premises.

We recommend that PF23 be extended to include requirements that the adult toilet space not be a dual-purpose nappy changing room and not be used for storage of supplies and equipment. We also recommend that it be added to PF23 that the toilet and handwashing/drying facilities are not those that are used by enrolled children.

PF24: Tempering valve

A tempering valve or other accurate means of limiting hot water temperature is installed for the requirements of criterion HS13 to be met. HS13 Temperature of hot water from taps children can access

THE MINISTRY PLANS TO REMOVE THIS CRITERION
It says: “This change may ease the compliance burden for providers as they may have an alternative way of keeping the water temperature at 40°C or below. HS13 requires water temperature at taps accessible to children to be no higher than 40°C.”

ADVICE FROM OECE TO THE MINISTRY:

PF24 – The OECE strongly believes this criterion should be retained.  It is important that professional input is sought to ensure that the water temperature regulator is fit for purpose and will reliably ensure that taps used by children reach a temperature no higher than 40°C. 

Should PF24 be removed the risk to children of being scolded by burning hot water will increase.  There was a case of a faulty tempering valve at an ECE centre and the infant received serious burns, requiring hospitalisation.  Some staff were unaware of policies and procedures as these were not developed for each centre in the group, and it was suggested that teachers may not have been confident to express concerns to the owner. 

We believe that the scalding risk to children of relaxing this criterion outweighs the so called ‘burden’ to providers. Requirements to ensure the health and safety of children should be paramount and valued above all else.

PF28: First aid kit

There is a first aid kit that: • complies with the requirements of Appendix 1 • is easily recognisable and readily accessible to adults, and • is inaccessible to children.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

There is a first aid kit that is: • sufficient for the number of children at the service • is easily recognisable and readily accessible to adults; and • is inaccessible to children.

There is a system for reviewing the first aid kit so that it stays well-stocked, with any used or expired items promptly replenished or replaced.

THE NEW CRITERION WILL MEAN:

• The first aid kit will need to be up to date and always ready to use.
• A system for review is required
• Sufficiency of supplies to the number of children will need to be established – it is unclear who will determine this.

ADVICE FROM OECE TO THE MINISTRY:

PF28 – We recommend the Ministry retains the original wording for the first aid kit – this is clearer and provides reassurance to staff and parents that appropriate items are available for children in the case of illness or injury.

Appendix 1 was compiled by the Ministry of Health and includes a checklist of the first aid items that all ECEs should have available in the case of child injury or illness.  It makes it optional for services to stock their first aid kit with recommended items and leaves this judgement to non-health professionals which is high risk, especially as there is a cost attached to the purchase of first aid kit items.

The new requirement is open to interpretation and will be difficult to enforce. Who will determine the meaning of ‘sufficiency to number’, and how will consistency of interpretation be assured nationally (or is this not a concern)? The lack of clarity in respect to this requirement is also likely to be contested.

A system for review is required.  What evidence is required to ensure the new PF28 requirement is met? We recommend a documented system with roles and responsibilities assigned to maintaining the first aid kit.

PF29: Design of sleep provisions

Furniture and items intended for children to sleep on (such as cots, beds, stretchers or mattresses) are of a size that allows children using them to lie flat and are of a design to ensure their safety.

Will be merged with HS10: Sleep furniture spacing

Furniture or items intended for children to sleep on (such as cots, beds, stretchers or mattresses) are arranged and spaced when in use so that: • adults have clear access to at least one side (meaning the length, not the width) • the area surrounding each child allows sufficient air movement to minimise the risk of spreading illness; and • children able to sit or stand can do so safely as they wake.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

Furniture and items intended for children to sleep on (such as cots, beds, stretchers or mattresses): • are of a size that allows children using them to lie flat • are designed to support their safety and are arranged and spaced to enable: › adults to have clear access to at least one side (the length, not the width) › sufficient air movement to minimise the risk of spreading illness in the area surrounding each child. › children to sit or stand safely as they wake.

THE NEW CRITERION WILL MEAN:

• The reworded criterion retains the wording and intent of the original of PF29 and HS10, although the merged wording in our view is less clear.
• Two separate criteria, design and bed spacing, are merged into the one clause.
• The bedding provided for children must ensure their safety and they must be able to lie flat.
• Furniture must be spaced to allow sufficient airflow for easy breathing, to minimise the risk of cross infection and to ensure that there is room for staff to interact with children from the side of a bed. Children must also be able to sit or stand safely in their bed/cot at any time and this also applies to stacked wall beds found in some centres.

ADVICE FROM OECE TO THE MINISTRY:

PF29 & HS10 – OECE recommends that PF29 and HS10 are retained as these relate to different aspects of sleeping and are clearer in their original form/separated for that reason.

PF30: Mattress coverings

Furniture and items intended for children to sleep on (such as cots, beds, stretchers or mattresses) that will be used by more than one child over time are securely covered with or made of a non-porous material (that is, a material that does not allow liquid to pass through it) that: • protects them from becoming soiled • allows for easy cleaning (or is disposable); and • does not present a suffocation hazard to children.

Will be merged with PF31: Bedding

Clean individual bedding (such as blankets, sheets, sleeping bags and pillowslips) is provided for sleeping or resting children that is sufficient to keep them warm.

TO BECOME:   

Clean individual bedding (such as blankets, sheets, sleeping bags, and pillowcases) is provided to ensure that children have adequate warmth while sleeping or resting.

Furniture and sleeping items (such as cots, beds, stretchers or mattresses) that will be used by more than one child over time are securely covered with or made of a non-porous material (that is, a material that does not allow liquid to pass through it) that: • Protects the item from becoming soiled • Allows for easy cleaning (or is disposable); and • Does not present a suffocation hazard to children

THE NEW CRITERION WILL MEAN:

• The intent of the new wording remains the same.
• Children are provided with clean, individual bedding that keeps them warm.
• Furniture for sleeping used by multiple children is safe, clean and hygienic with no hazards present to cause suffocation.

ADVICE FROM OECE TO THE MINISTRY:

PF30 & PF31 – OECE recommends that PF30 and PF31 are retained as these relate to different aspects of sleeping and are clearer in their original form/ separated for that reason.

PF32: Sessional services only: over 2 sleep space

A safe and comfortable place to sleep (such as a bed, stretcher, mattress or couch) is available for children aged 2 and older that require sleep or rest during a session.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

Children aged 2 and older have a safe and comfortable place to sleep or rest, if necessary, like a bed, stretcher, or mattress.

THE NEW CRITERION WILL MEAN:

• A place must be available for a child 2 years and over to sleep if required
• This may be a bed, stretcher, mattress, or any other space deemed suitable by the service

ADVICE FROM OECE TO THE MINISTRY:

PF32 – OECE supports the retention of these requirements. We advise retaining the original wording of PF32 which is clearer than the new wording. It is unclear whether the changed clause is opening up more flexibility for services to decide on appropriate sleeping places (such as prams or baby car seats in addition to beds, stretchers, or mattresses) or whether the intent is the same as previously.  This should be clarified.

The term ‘such as’ is preferred to the word ‘like’ which is used in the changed clause.

PF33: All-day services only: over 2 sleep space

Space is available for children aged 2 and older to sleep or rest for a reasonable period of time each day. If the space used for sleeping or resting is part of the activity space, there are alternative activity spaces for other children not sleeping or resting as necessary.

Will be merged with PF34: All-day services only: over 2 sleep provisions

Furniture or items intended for children to sleep on (such as cots, beds, stretchers or mattresses) are available for the sleep or rest of children aged 2 and older.

TO BECOME:   

Furniture or items intended for children to sleep on (such as beds, stretchers, or mattresses) are available for children aged 2 and older to sleep or rest. Space is provided for children aged 2 and older to sleep or rest for a reasonable period each day. If the sleep or rest area is part of the activity space, alternative activity spaces are available for other children who are not sleeping or resting.

THE NEW CRITERION WILL MEAN:

• Similar requirements continue to apply as previously.
• Reference to cots for children aged 2 and older is removed.
• A place must be available for a child 2 years and over to sleep during the day on appropriate bedding, which may be a bed, stretcher, mattress.
• While children are sleeping in a space, alternative activity space needs to be found for other children.

ADVICE FROM OECE TO THE MINISTRY:

PF33 & PF34 – OECE supports the retention of these requirements. We advise retaining the original wording. While the new wording has the same intent as the original clause, it is not as clear.  The furniture and space requirements have been merged. These are separate facets and it is clearer to keep them distinct.

PF35: Sessional services only: under 2 sleep space

A designated space is available to support the provision of restful sleep for children under the age of 2 at any time they are attending. This space is located and designed to: • minimise fluctuations in temperature, noise and lighting levels • allow adequate supervision; and • accommodate at least the requirements of criterion PF36, when arranged in accordance with criterion HS10

Will be merged with PF36: Sessional services only: under 2 cot:child ratio

Furniture or items intended for children to sleep on (such as cots, beds, stretchers or mattresses) are provided at a ratio of at least 1 to every 5 children under the age of 2.

TO BECOME:   

1) A designated area is available to enable restful sleep for children under the age of 2 at any time they are attending. This space is designed and located to: › minimise fluctuations in temperature, noise and lighting levels; and › allow adequate supervision

2) Provide furniture or items for sleeping (such as cots, beds, stretchers or mattresses) at a ratio of at least 1 to every 5 children under the age of 2.

THE NEW CRITERION WILL MEAN:

• Requirements for under 2 sleep arrangements in sessional services remain the same as previously.
• A designated restful sleeping space needs to be provided.
• Ratio and space requirements are merged into the one clause. The requirement for 1 sleeping item to 5 children remains.
• The criterion needs to be applied in tandem with PF36 and HS10 (services are not reminded of this in the new iteration).

ADVICE FROM OECE TO THE MINISTRY:

PF35 – OECE supports the retention of these requirements, but recommends that the original wording is retained as it is clearer than the proposed new version, despite similar intent. We believe that 1:5 bedding ratio is an absolute minimum and should be specified as such, especially in sessional centres with high numbers of children under 2-years-old. 

PF37: All-day services: under 2 sleep space

A designated space is available to support the provision of restful sleep for children under the age of 2 at any time they are attending. This space is located and designed to: • minimise fluctuations in temperature, noise and lighting levels • allow adequate supervision; and • accommodate at least the requirements of criterion PF38, when arranged in accordance with criterion HS10

Will be merged with PF38: All-day services: under 2 child to cot ratio

Furniture or items intended for children to sleep on (such as cots, beds, stretchers or mattresses) are provided at a ratio of at least 1 to every 2 children under the age of 2.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

1) A designated area is available to enable restful sleep for children under the age of 2 at any time they are attending. This space is designed and located to: › minimise fluctuations in temperature, noise and lighting levels; and › allow adequate supervision

2) Provide furniture or items for sleeping (such as cots, beds, stretchers, or mattresses) at a ratio of at least 1 for every 2 children under the age of 2.

THE NEW CRITERION WILL MEAN:

• No change in requirements.  The status quo is maintained. 
• A designated sleeping area is required for restful sleep, which allows supervision and has 1 furniture/sleeping item for every 2 children under 2 years.

ADVICE FROM OECE TO THE MINISTRY:

PF37 & PF38 – OECE supports the retention of these requirements, but recommends that the original wording is retained as it is clearer than the proposed new version, despite similar intent.  They cover two separate aspects of sleep provision – space requirements and ratios, which is why they were originally established as specific criterion.

Governance, management, and administration licensing criteria

GMA1: Display of information for parents

The following are prominently displayed at the service for parents and visitors:

• the Education (Early Childhood Services) Regulations 2008, and the Licensing Criteria for early learning and Care Centres 2008;
• the full names and qualifications of each person counting towards regulated qualification requirements;
• the service’s current licence certificate; and
• a procedure people should follow if they wish to complain about noncompliance with the Regulations or criteria.

Documentation required: A procedure people should follow if they wish to complain about non-compliance with the Regulations or criteria. The procedure includes the option to contact the local Ministry of Education office and provides contact details.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:    

The following are prominently displayed at the service:

• the service’s current licence certificate
• the name and contact details of a person who parents, whānau and visitors can contact for questions about the service and/or to make a complaint about the service’s operation.

THE NEW CRITERION WILL MEAN: 

• A copy of the Regulations and licensing criteria will not need to be displayed for parent and visitor information.  This could mean parents and visitors are not aware or don’t get a daily reminder, they are stepping into a licensed service that must comply with regulations. It will mean that parents and visitors will no longer have this subtle nod to the regulatory requirements as a basis for questioning practices they are unhappy with or have been harmful.
• The names and qualifications of adults who are counted as teaching staff will not need to be displayed for parents and visitors to see on arrival each day or when picking-up their child.  This means service operators can use any adults at any time in the adult-child ratio and for parents and visitors to be none-the-wiser.  It could also prevent teaching staff from being able to form partnerships with parents and caregivers in the care and education of children, because teaching staff will not be named and their qualifications acknowledged.
• The service’s complaints procedure will not need to be made available to parents and visitors without asking. But the name and contact details of the individual to whom a complaint can be made will need to be displayed.  The name of the person to make a complaint to can be anyone – in some cases it could be a person whom a parent may want to make a complaint about for child abuse for example.
• Services will not be required to directly inform parents via a prominently displayed complaints procedure that they can make a complaint about alleged regulatory breaches to the local Ministry of Education office and provide contact details.  

ADVICE FROM OECE TO THE MINISTRY:

GMA1 – We recommend that GMA1 is retained as it is.  Removing the requirement to display names and qualifications of adults counting toward regulated qualification requirements, devalues staff who are qualified and will affect parent communication and trust.

We strongly urge the Ministry not to remove the requirement to prominently display a complaints procedure that includes the option to contact the local Ministry of Education office, provides Ministry contact details, and informs parents and visitors that the ministry can treat their complaint anonymously if they request this.  Parents need the option to complain anonymously or to an independent person. A documented complaints procedure being readily available (i.e. prominently displayed) reflects effective ECE service management practice.  

Encouraging parents and visitors to contact the local Ministry of Education office to report suspected non-compliance supports the Ministry in monitoring and ensuring services meet regulatory standards. Without annual Ministry or ERO visits, complaints are the only way for the Ministry to know where potential problem services are.  

GMA2: Parent access to information

Parents are advised how to access: • information concerning their child • the service’s operational documents (such as its philosophy, policies, and procedures and any other documents that set out how day to day operations will be conducted) and • the most recent Education Review Office report regarding the service. Documentation required: Written information letting parents know how to access: • information concerning their child • the service’s operational documents and; • the most recent Education Review Office report regarding the service

Will be merged with GMA3: Information provided to parents

Information is provided to parents about: • how they can be involved in the service; • any fees charged by the service; • the amount and details of the expenditure of any Ministry of Education funding received by the service; and • any planned reviews and consultation. Documentation required: Written information letting parents know: • how they can be involved in the service • any fees charged by the service • the amount and details of the expenditure of any Ministry of Education funding received by the service, and • about any planned reviews and consultation

TO BECOME: 

Parents and whānau are provided with information on how to access the following, in either written or digital format: • the Education (Early Childhood Services) Regulations 2008, • the Licensing Criteria for Education and Care Centres 2008 • information about any changes to the service’s licence status • the most recent Education Review Office report regarding the service • the full names and qualifications of each person counting towards regulated qualification requirements • the service’s procedure for parents and whānau to follow if they wish to make a complaint about the service. The procedure should include details on who to contact and the contact information for the local Ministry of Education office. • information concerning their child • any fees charged by the service • how they can be involved in the service • the service’s operational documents • any planned reviews and consultation and • the amount and details of the expenditure of any Ministry of Education funding received by the service

THE NEW CRITERION WILL MEAN: 

• Services will have the flexibility to choose what information all or certain parents/whānau access, when and how.  It will no longer be an expectation.
• Services will not be required to provide information, they will only need to advise parents/whānau how to access it.
• Should a parent not be able to locate the complaints procedure, for example if the online link is broken or it’s on a password protected site where their access is denied, they might choose to give up trying or to approach the person at the service who manages/controls the flow of information to ask.  This may be confronting and difficult for parents to do. This reduces the ‘soft’ power of parents to monitor compliance and to ensure the wellbeing of children while in care given the power disparity between centre management and parents – especially in areas where there is a shortage of good quality ECE services.

ADVICE FROM OECE TO THE MINISTRY:

GMA2 & GMA3 – We recommend retaining GMA2 and GMA3 as they are.  The nature of the specific documents e.g. policies/ procedures should not be specified in relation to complaints but rather remain a general requirement. 

GMA4: Parent involvement

Parents of children attending the service and adults providing education and care are provided with opportunities to contribute to the development and review of the service’s operational documents (such as philosophy, policies, and procedures and any other documents that set out how day to day operations will be conducted).

Documentation required: Evidence of opportunities provided for parents and adults providing education and care to contribute to the development and review of the service’s operational documents.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

There is evidence in either written or digital format that parents and whānau of children attending the service and adults providing education and care have been provided with opportunities to contribute to the development and review of the service’s operational documents.

THE NEW CRITERION WILL MEAN: 

• There will be greater potential for service providers to simply note that parents and whānau and teaching staff have been provided with an opportunity to contribute to the development and review of operational documents by way of being told, and not show how and what opportunity has been given by way of making it possible to participate.     

ADVICE FROM OECE TO THE MINISTRY:

GMA4 – We recommend retaining GMA4 as it is. The existing GMA4 is much clearer in its wording that opportunities must be provided for participation.

Parents/ whānau need to have opportunities to provide feedback on policies and philosophy changes which underpin the care and education of their children.  Staff need to have these shared opportunities too because they are the ones who implement the operational documents.  ECE trained and qualified teaching staff have pedagogical (teaching and learning) and child development knowledge critical for the formulation and revision of operational documents appropriate to the care and education of young children. 

GMA5: Philosophy

A philosophy statement guides the service’s operation. Documentation required: A written statement expressing the service’s beliefs, values and attitudes about the provision of early learning and care.

THE MINISTRY PLANS TO REMOVE GMA5: 

• Services will no longer be required to have a written philosophy statement that clearly articulates what the service is and what families can expect.
• Regulation 47 does not contain a requirement for services to have a philosophy that guides their operation in the provision of early learning and care.  Therefore, by removing GMA5 this requirement will be lost entirely.

ADVICE FROM OECE TO THE MINISTRY:

GMA5 – OECE supports the retention of GMA5 and recommends that the Ministry improve the phrase “provision of early learning and care” by changing it to read: “provision of teaching, learning, and care”.

The philosophy statement provides principles and shared understandings to guide all operational actions. It underpins all practices in the care and education of children. For example, the philosophy statement helps teaching staff when encountering professionally complex and ethical situations (of which there are many when working with diversity). Documented, collaborative guiding principles necessitate teachers’ consideration of whānau and families that do not share their gender understandings, language, culture, or values.

Regulation 47(1)(a) states “the service is effectively governed and is managed in accordance with good management practices”.  It is good management practice to have a philosophy statement. To enable services to comply with Regulation 47(1)(a), GMA5 must be retained. 

GMA6: Self-review and internal evaluation

An ongoing process of self-review and internal evaluation helps the service maintain and improve the quality of its education and care.

Documentation required: A process for reviewing and evaluating the service’s operation (for example, its curriculum, learning and teaching practices, philosophy, policies, and procedures) by the people involved in the service. The process is consistent with criterion GMA4/GMA3 and includes a schedule showing timelines for planned review and evaluation of different areas of operation. Recorded outcomes from the review and evaluation process. Outcomes show how the service has regard for the Statement of National Education and Learning Priorities (NELP) in its operation.

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

There is an ongoing review process that supports the service to maintain and implement operational policies and practices. Proposed documentation required (written or digital): There is an ongoing process for reviewing the service’s delivery of operational policies and practices.  Documentation required

• A process for reviewing the service’s delivery of operational policies and practices.
• The process is consistent with criterion GMA4
• Recorded outcomes from review process

THE NEW CRITERION WILL MEAN: 

• ‘Self-review’ will be removed.  Therefore, there will be no requirement to review professional practice, teaching, and learning – this may particularly affect services with staff who are not ECE qualified and not engaging in reflection and professional learning as part of practising certificate requirements.

ADVICE FROM OECE TO THE MINISTRY:

GMA6 – We suggest the Ministry remove the sentence “Proposed documentation required (written or digital): There is an ongoing process for reviewing the service’s delivery of operational policies and practices,” as this repeats what is already written in the proposed new criterion.

We recommend that review procedures are not confined to a simple evaluation of operational policies and practices. It is essential to require evidence of self-review processes, inclusive of service whanau, as this is a mechanism to ensure joint input to curriculum, learning and teaching practices, philosophy, policies, and procedures and shared understandings. This is especially important where local services are managed from a distance and in circumstances where there are high numbers of unregistered/ unqualified teachers.

We also recommend that the review process be required to support improvement – particularly continuous improvement. For services that fall below minimum licence requirements, it is especially important to have within this licensing criterion the word “improve” i.e. “maintain, implement and improve operational policies and practices.” 

GMA7: Human resource management

Suitable human resource management practices are implemented.

Documentation required: Processes for human resource management, including: • selection and appointment procedures • job/role descriptions • induction procedures into the service • a system of regular appraisal • provision for professional development • a definition of serious misconduct and • discipline/dismissal procedures

THE MINISTRY PLANS TO REMOVE GMA7: 

• Human resource management practices can be the same as for factory workers or workers in any other sector, and will not need to be tailored to the environment of an education and care service. This includes selection and appointment, role descriptions, induction, training plans and regular appraisal. 
• Under Regulation 47(1)(e) services will still need to take all reasonable steps to provide staff employed or engaged in the service with adequate professional support, professional development opportunities, and resources. 
• Under Regulation 56 services will still need to exclude persons who have abused or ill-treated a child from contact with children.

ADVICE FROM OECE TO THE MINISTRY:

GMA7 – OECE strongly advises the Ministry to retain GMA7 as it is. GMA7 enables services to meet Regulation 47(1)(a) by achieving good management practices.  It also makes ‘bottom-line’ expectations in relation to expected HR practices clear, easily accessible, and enforceable. 

GMA8: Annual plan

An annual plan guides the service’s operation.

Documentation required: An annual plan identifying ‘who’, ‘what’, and ‘when’ in relation to key tasks the service intends to undertake each year, and how key tasks will have regard to the Statement of National Education and Learning Priorities (NELP).

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

An annual plan guides the service’s operation. Note: this criterion only applies in respect of the Secretary’s assessment of probationary applications where the applicant does not hold a current licence and applications to amend a licence where the different legal entity does not hold a current licence. Proposed documentation required: An annual plan identifying ‘who’, ‘what’, and ‘when’ in relation to key tasks the service intends to undertake each year.

THE NEW CRITERION WILL MEAN: 

• Newly licensed services will need to have an annual plan to guide their operation and this may be for a matter of months or only up to 12 months until their full licence is granted.
• In all other situations services will not need to have an annual plan.

ADVICE FROM OECE TO THE MINISTRY:

GMA8 – We recommend that GMA8 be retained (but without reference to the NELP since this will no longer exist).

All services should be required to review and plan for the year.  Annual plans provide a coherent road-map for achieving goals, allocating resources and adapting to change. It also helps efficient decision-making, clarify priorities, and ensure that everyone is working to the same objectives. We believe this should be a minimum expectation for receipt of tax payer money via ECE funding and parent fees. This is important for transparency and accountability for those organisations managing multiple services. This is especially important to support the sustainability of services regardless of whether they are on a probationary, full, or provisional licence. We know of situations where a service operator has purchased a service or built a new service and because they have over-capitalised financially or stretched their human resources this impacts on the sustainability of their other services. There will be services on a probationary licence with annual plans that will not be met since within 12 months a service must achieve a full licence (or have its licence cancelled).  

GMA9: Annual budget

An annual budget guides financial expenditure. Documentation required: • An annual budget setting out the service’s estimated revenue and expenses for the year. The budget includes at least: • staffing costs, including leave entitlements • professional development costs • equipment and material costs for the ongoing purchase of new equipment and consumable materials and • provision for operational costs (such as electricity, telephone, food purchases and other day-to-day items) and maintenance of the premises as appropriate

THE MINISTRY PLANS TO CHANGE THIS TO BECOME:   

An annual budget guides financial expenditure. Note: this criterion only applies in respect of the Secretary’s assessment of probationary applications where the applicant does not hold a current licence and applications to amend a licence where the different legal entity does not hold a current licence.

Proposed documentation required: An annual budget setting out the service’s estimated revenue and expenses for the year. The budget includes at least: • staffing costs, including leave entitlements • professional development costs • equipment and material costs for the ongoing purchase of new equipment and consumable materials and • provision for operational costs (such as electricity, telephone, food purchases and other day-to-day items) and maintenance of the premises as appropriate.

THE NEW CRITERION WILL MEAN: 

• That the annual budget requirement will only apply to new or probationary licence applicants.

ADVICE FROM OECE TO THE MINISTRY:

GMA9 – For the same reasons we recommended retaining the current GMA8, we recommend retaining GMA9 as it is. Additionally, it would be fiscally irresponsible for the Government to provide large amounts of taxpayer money to ECE managements on an ongoing basis if the service does not have an annual budget to guide its expenditure and allocation of those resources, especially given that parents are paying for their services in two ways – via taxes and through fees. This provides transparency and accountability for where taxpayer money is targeted, and by association parent fees. The Government should ensure responsible and transparent expenditure which is enforceable and ensures the wellbeing of all children attending early childhood education services.        

GMA10: Enrolment records

Enrolment records are maintained for each child attending. Records are kept for at least 7 years. Documentation required: Enrolment records for each child currently attending and for those who have attended in the previous 7 years. Records meet the requirements of the early learning Funding Handbook and include at least: • the child’s full name, date of birth, and address • the name and address of at least 1 parent • details of how at least 1 parent (or someone nominated by them) can be contacted while the child attends the service • the name of the medical practitioner (or medical centre) who should, if practicable, be consulted if the child is ill or injured • details of any chronic illness/condition that the child has, and of any implications or actions to be followed in relation to that illness/condition • the names of the people authorised by the parent to collect the child; and • any court orders affecting day to day care of, or contact with, the child.

Will be merged with GMA11: Attendance records

An attendance record is maintained that shows the times and dates of every child’s attendance at the service. Records are kept for at least 7 years. Documentation required: An attendance record that meets the requirements outlined in the ECE Funding Handbook for children currently attending, and children who have attended in the previous 7 years.

TO BECOME: 

Enrolment and attendance records are maintained for each child attending. Records are kept for at least 7 years. Proposed documentation required: Enrolment and attendance records for each child currently attending and for those who have attended in the previous 7 years. Records meet all the requirements of the ECE Funding Handbook.

THE NEW CRITERION WILL MEAN: 

• The Funding Handbook becomes the source for details of how to meet the licensing requirements for enrolment records and attendance records.

ADVICE FROM OECE TO THE MINISTRY:

GMA10 & GMA11 – We recommend that the Ministry first review and improve the clarity of the funding handbook.

We also recommend that the Ministry consider how it can make sure every service is informed and given enough notice of any change made to enrolment and attendance record requirements in the Funding Handbook.  Currently any change to the licensing criteria must be consulted on first. But the Ministry maintains and updates the Funding Handbook without a requirement for consultation.

END.

We’d love to hear your thoughts. Add your comment or reply below