2025 Annual List of ECE Services with Compliance Failures and Regulator Actions

2025 Annual List of ECE Services with Compliance Failures and Regulator Actions

Every year we publish a complete list of services that have been issued with a written direction to address an immediate health and safety risk, have operated on one or more provisional licences, or have had their licence suspended or cancelled. The aim is to support transparency and encourage services to remain accountable to families. Publishing this information also helps the wider sector understand how the regulatory system is functioning, including its strengths and limitations.

Important notes and data limitations

1. The regulator does not carry out regular inspections or unannounced spot checks. This means it is unknown how many services may be failing to meet minimum standards at any given time.
2. Regulatory action is also not guaranteed, even when serious harm occurs:
   • because the regulator has full discretion over whether to take action
   • when no relevant licensing criterion exists to support a finding of non‑compliance
   • because the service fixes the breach before formal action begins
   • due to the regulator deferring to another agency (e.g., WorkSafe) instead of acting under the Education (Early Childhood Services) Regulations

How Decisions on Regulatory Action Are Made

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, a plain language guide to the early childhood regulations and licensing criteria, and resources on how to raise concerns or make a complaint.

2025 List of ECE Services with Regulator Actions

During 2025, a total of 80 ECE services had licensing action of at least one kind taken against them – i.e. they were operating on a downgraded licence and/or had their licence cancelled due to non-compliance.

• 8 services had their licences withdrawn and cancelled.
• 11 services had their licences suspended.
• 74 services held 80 provisional licences at any time during the 2025 year (five of the 74 services were twice on a provisional licence and one service was on a provisional licence three times).
  • Happy Sprouts Otorohanga – 3 provisional licences
  • Happy Sprouts Putaruru – 2 provisional licences
  • Happy Sprouts Hamilton – 2 provisional licences
  • Manawaru Playcentre – 2 provisional licences
  • Pukeatua Playcentre – 2 provisional licences

• 13 services were issued with a written direction (one service received two) to fix immediate health and safety risks, with up to 10 days to do so:
  • Active Explorers Central City, Christchurch
  • Apii Potiki Glen Innes Community Pre-School, Auckland
  • Cuddly Kiwis Childcare Papatoetoe
  • Discovery Preschool, Lower Hutt
  • Fetu Moana Aoga Amata (Moana Stars ECE), Auckland
  • Green Leaf Early Learning, Richmond (received a second Written Direction)
  • Kids Count ECE Marne Rd, Auckland
  • Little Ducklings, Auckland
  • Ngā Wawata Educare, Kaitaia
  • Pīwakawaka Early Learning Centre, Christchurch
  • Playtopia Educare, Rotorua
  • Stepping Stones Early Childhood Education, Okato
  • The Tot Spot, Tauranga

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)

Any errors? – Email us a copy of your service licence documents (we are happy to make corrections)