2024 Annual List of ECE Services that Breached Regulations

2024 Annual List of ECE Services with Compliance Failures and Regulator Actions

Below is the list of early childhood education (ECE) services that were subject to regulator action in 2024 due to compliance failures. Publishing this information supports transparency and helps the wider sector understand how the regulatory system is functioning, including its strengths and limitations. It also provides a way for families and the public to check whether their local services have had compliance failures that resulted in regulatory action.

How Decisions on Regulatory Action Are Made – and the Challenges Involved

The Regulator states that all decisions on actions to be taken against an early childhood service are peer‑reviewed and checked by senior officials. Licence changes are generally made only in response to either serious and/or multiple (a number of) breaches that cannot be quickly resolved. Most services receive advance notice through communication, site visits, and requests for evidence before any action is taken. If a health or safety issue can be addressed within 10 working days, the Ministry may issue a written direction instead of changing the licence.

Enforcement can be challenging. Some ECE service owners have more influence than others, which can complicate how regulatory decisions are made or whether they proceed at all. Concerns about maintaining relationships with providers, the possibility of ministerial criticism, or potential legal claims may also affect how the regulator responds. In some cases, the prospect of court action or associated costs may discourage the regulator from pursuing licence downgrades or cancellation. These factors can make consistent, system‑wide enforcement more difficult.

Inspection Frequency and How Non‑Compliance Is Identified

New Zealand does not currently operate a “continuous compliance” model where services expect routine monitoring. Once an ECE service is licensed, it may not be inspected again unless a specific trigger occurs – such as a complaint, a serious incident, a change in ownership, or a concerning Education Review Office (ERO) report. As a result, some services with significant issues may continue operating for long periods until something goes wrong (such as a serious incident) or the service changes ownership. .

Non‑compliance is usually identified through one or more of the following:

• Self‑reporting, which is uncommon. Playcentres are a notable exception, as they often notify the Ministry when they cannot meet qualification requirements for supervising adults or the designated person responsible.
• Complaints from parents or staff. Parents may hesitate to raise concerns if they fear their child could be treated differently or risk losing their place. Staff may be limited by employment clauses that restrict external reporting. The regulator may not always accept or investigate anonymous complaints and may instead ask that concerns be raised directly with the service provider.
• Serious incidents involving children, either reported by the service or brought to the regulator’s attention through other channels, such as media coverage.
• Ownership changes, which automatically trigger a licensing review.
• Negative ERO reports, which may prompt investigation by the regulator.

Licensing Rules and Enforcement

The Ministry of Education has the legal authority to enter and inspect any licensed ECE service. Under the Education and Training Act 2020 (Sections 29, 626, and 627), it is an offence , with fines of up to $2,000, to obstruct or mislead a Ministry official during an inspection.

New Zealand does not impose direct fines or financial penalties on ECE services or managers for non‑compliance, unlike some countries such as Australia.

Regulator actions range in severity:

• Written Direction
  The service continues operating and receiving funding while addressing the issues identified. There is no legal requirement to inform parents.
• Provisional Licence
  The service continues operating and receiving funding while working toward compliance. The provisional licence must be displayed on site, but services are not required to notify parents.
• Suspended Licence
  The service is temporarily closed and funding is withheld. To regain its licence, the service must meet the conditions in the suspension notice and demonstrate improvements.
• Cancelled Licence
  The licence is permanently withdrawn and the service must close.

Further information on minimum standards and regulatory requirements can be found in the Education (Early Childhood Services) Regulations 2008

Compliance Action Taken Against ECE Services

A total of 185 ECE services were operating on a downgraded licence or had their licence cancelled due to non-compliance at any time during 2024.

• 20 ECE services had their licences suspended.
• 17 ECE services had their licences cancelled due to non-compliance.
• 171 ECE services held 177 provisional licences at any time during the 2024 year. Five services were operating on provisional licences who had their full licence reinstated but were then found sometime later in the year to be breaching standards again and a sixth service (Wonderland ELC) as operating on a provisional licence, then received a suspension, then placed on a provisional licence :
  • Fetu-I-Sasa’e, Auckland
  • Kinderland Educare, Mangere
  • Manawaru Playcentre
  • Pukeatu Playcentre
  • SuperStart Childcare, Auckland
  • Wonderland ELC, Auckland

• 17 services were issued with a written direction for an immediate health and safety risk(s) and given up to ten working days to fix the risk(s).

Services issued with a Written Direction to fix an immediate health and safety risk(s)

Services placed on a provisional or suspended licence, or whose licence was cancelled

If you notice any errors or missing information, please contact us so we can update the record. Include supporting evidence (e.g. a copy of the licence)

If you would like to learn more – go to the news story: Substantial decline in number of early childhood education services downgraded or closed for non-compliance with regulations, Why?