Education (Playgroups) Regulations 2008
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Version as at 28 October 2021
Education (Playgroups) Regulations 2008
(SR 2008/205)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 7th day of July 2008
Present:
His Excellency the Governor-General in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These regulations are administered by the Ministry of Education.
Pursuant to section 319 of the Education Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
Regulations
1 Title
These regulations are the Education (Playgroups) Regulations 2008.
2 Commencement
(1)
Regulation 17 comes into force on the day after the date on which the making of these regulations is notified in the Gazette.
(2)
The rest of these regulations come into force on 1 December 2008.
3 Interpretation
In these regulations, unless the context otherwise requires,—
Act means the Education and Training Act 2020
certificate means a certificate issued under these regulations
certified playgroup means a playgroup for which a current certificate is held
children, in relation to a playgroup, means children attending the playgroup
full certificate means a certificate issued under regulation 8
interim certificate means a certificate issued under regulation 7
playgroup has the same meaning as in section 10(1) of the Act
Secretary has the same meaning as in section 10(1) of the Act
service provider has the same meaning as in section 10(1) of the Act.
Regulation 3 Act: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 3 certificated playgroup: revoked, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 3 certified playgroup: inserted, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 3 playgroup: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 3 Secretary: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 3 service provider: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Part 1 Certification
4 Applications
(1)
Every application for a certificate for a playgroup must be made by 1 individual person on behalf of the service provider.
(2)
An application for a certificate for a playgroup must—
(a)
be made in a form approved by the Secretary; and
(b)
include the information required by regulation 5 and be accompanied by the statement required by regulation 6; and
(c)
include information of any other kind required by the Secretary.
5 What details must be included in applications
(1)
Every application for a certificate must nominate a person involved with the playgroup who is able to respond to the Secretary in a timely way.
(2)
Every application for a certificate must be accompanied by evidence satisfactory to the Secretary that the playgroup does, or is likely to, comply with all the standards set out in Part 2.
6 Statement by applicant required
An application for a certificate, or for an amendment to or renewal of a certificate, must be accompanied by a statement by the person completing the application form, indicating—
(a)
that he or she is authorised to make the application; and
(b)
whether, after having made all reasonable inquiries, and to the best of his or her knowledge and belief, the application includes or is accompanied by all relevant information known to the service provider; and
(c)
whether all information included in or accompanying the application is, after having made all reasonable inquiries, and to the best of his or her knowledge and belief, in all respects true and correct.
Interim certificate
7 Issue of interim certificate
(1)
The Secretary must issue an interim certificate for any playgroup that does not hold a certificate if, and only if, satisfied on reasonable grounds that—
(a)
the curriculum, health and safety practices, management and administration, and ratios of the playgroup are likely to comply with the standards set out in regulations 18, 19, 21, and 22; and
(b)
the premises and facilities used by the playgroup comply with the standard set out in regulation 20.
(2)
If satisfied that the information contained in the application is complete, the Secretary must take all reasonably practicable steps to ensure that the decision to issue or refuse to issue an interim certificate in respect of the playgroup is made within 30 working days.
(3)
Unless earlier withdrawn, every interim certificate remains in force for the period specified in the certificate (which must not exceed 12 months from the date of issue), and then expires.
(4)
At any time before the interim certificate expires, the Secretary may, on the application of the playgroup, issue a full certificate.
(5)
To avoid doubt, it is not necessary for the Secretary to issue an interim certificate for a playgroup before issuing a full certificate for that playgroup.
Full certificate
8 Issue of full certificate
The Secretary must issue a full certificate for a playgroup if, and only if, satisfied on reasonable grounds that the playgroup complies with all the standards set out in Part 2.
9 Duration of full certificate
(1)
Every full certificate remains in force, unless earlier withdrawn, until the date of expiry specified in the certificate.
(2)
The date referred to in subclause (1) must not be later than the expiry of 3 years after—
(a)
the date of issue of the full certificate; or
(b)
if the applicant previously held an interim certificate, the date of issue of that interim certificate.
General
10 Content of certificate
(1)
Every certificate must state the following:
(a)
the full name of the playgroup for which the certificate is issued:
(b)
the premises for which the certificate has been issued:
(c)
the date of issue of the certificate:
(d)
the date of expiry of the certificate:
(e)
any other details included at the direction of the Secretary.
(2)
Subject to subclause (1), certificates may be in any form the Secretary thinks fit.
11 Power to issue directions and require action plan
(1)
The Secretary may issue a direction requiring a certified playgroup holding an interim certificate or a full certificate to implement an action plan prepared by the Secretary if any aspect of the operation of the playgroup does not comply with—
(a)
these regulations; or
(b)
the relevant standards set out in Part 2.
(2)
An action plan is a plan which, if implemented, will enable the playgroup to comply, within the period specified in that plan, with—
(a)
these regulations; and
(b)
the relevant standards set out in Part 2.
(3)
The period for compliance specified in the plan is a period specified by the Secretary in his or her direction that—
(a)
the Secretary considers reasonable in the circumstances; but
(b)
does not expire after the expiry of the certificate held by the playgroup.
(4)
The Secretary—
(a)
may amend an action plan at any time while it is in force; and
(b)
must notify the playgroup of any amendment to the action plan as soon as is reasonably practicable.
(5)
The service provider who operates a playgroup must—
(a)
comply with any direction issued by the Secretary under this regulation; and
(b)
ensure that the non-compliance referred to in the direction is remedied within the period specified by the Secretary.
Regulation 11(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
12 Withdrawal of certificates
(1)
Subject to subclause (3), the Secretary must, by written notice delivered to the service provider, withdraw a certificate for a playgroup if—
(a)
the playgroup has permanently ceased to operate; or
(b)
the playgroup does not comply with the Act or these regulations or the relevant standards set out in Part 2, and the service provider has received a direction from the Secretary under regulation 11(1) and has either—
(i)
failed to implement an action plan; or
(ii)
failed to ensure that the non-compliance referred to in the direction is remedied within the period specified by the Secretary.
(2)
Subject to subclause (3), the Secretary may, by written notice delivered to the service provider, withdraw a certificate for a playgroup if, in the opinion of the Secretary, continued participation by children in the playgroup poses an immediate health or safety risk to those children.
(3)
The Secretary may not withdraw a certificate under subclause (1) or (2) unless—
(a)
the Secretary has taken all reasonable steps to give the service provider for the playgroup concerned written notice of the Secretary’s intention to do so and the Secretary—
(i)
has not been able to do so; or
(ii)
has taken into account all representations received from the service provider within a reasonable time of the service provider being given notice; or
(b)
if subclause (2) applies, the Secretary is satisfied that it is desirable in the interests of the children’s safety to withdraw the certificate immediately.
(4)
Withdrawal of a certificate takes effect on the date of withdrawal specified in the notice issued under subclause (1) or (2).
13 Amendment of certificates
(1)
The service provider for a certified playgroup must apply to the Secretary for an amendment to the certificate if—
(a)
the service provider wants to make any alterations to the operation of the playgroup that would have affected the decision to issue the certificate; or
(b)
the service provider wants to make any changes to the operation of the playgroup that would make any matter specified in the certificate incorrect.
(2)
If subclause (1) applies, the Secretary must review the certificate and, as seems appropriate,—
(a)
confirm it; or
(b)
amend any of the particulars specified in it; or
(c)
if regulation 11 or 12 applies, exercise any power referred to in whichever of these regulations is applicable.
Regulation 13(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
14 Replacement certificates
If satisfied that a certificate is lost, stolen, defaced, or destroyed, or that it contains an error, the Secretary may grant a replacement certificate.
15 Renewal of full certificates
(1)
A holder of a full certificate may, not later than 30 working days before the expiry of that certificate, apply in the manner provided for in regulations 4 to 6 for the renewal of that certificate, and regulations 8 to 10 apply with any necessary modications.
(2)
If an application for renewal of a full certificate is made in accordance with subclause (1), the playgroup is deemed to continue to be a certified playgroup until the application for renewal is determined.
(3)
If an application for renewal of a full certificate is granted, the new certificate comes into effect on the expiry of the previous certificate.
Regulation 15(2): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Part 2 Standards
16 Outline and purpose of Part
(1)
This Part requires the service provider for every certified playgroup to comply with each of the following minimum standards:
(a)
the curriculum standard (see regulation 18):
(b)
the ratios standard (see regulation 19):
(c)
the premises and facilities standard (see regulation 20):
(d)
the health and safety practices standard (see regulation 21):
(e)
the management and administration standard (see regulation 22).
(2)
The purpose of the minimum standards is to ensure the health, comfort, care, education, and safety of children attending certified playgroups.
Regulation 16(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 16(2): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
17 Minister may prescribe criteria
(1)
The Minister may, after consultation with those organisations that appear to the Minister to be substantially affected by these regulations, by notice prescribe criteria to be used by the Secretary to assess compliance with the minimum standards imposed by regulations 18 to 22, or any of them.
(2)
A notice made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(3)
By way of explanation and elaboration, the purpose of criteria prescribed by the Minister is to enable those criteria to be used by the Secretary to assess whether service providers have complied with the minimum standards.
| Legislation Act 2019 requirements for secondary legislation made under this regulation | ||||
| Publication | The maker must: | LA19 ss 73, 74(1)(a), Sch 1 cl 14 | ||
| • publish it in the Gazette; or | ||||
| • notify it in the Gazette with a statement of where a copy of it may be obtained by members of the public | ||||
| Presentation | It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019 | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the secondary legislation. | ||||
Regulation 17(1): amended, on 28 October 2021, by regulation 102(1) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).
Regulation 17(2): replaced, on 28 October 2021, by regulation 102(2) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).
18 Curriculum standard
The curriculum standard requires the service provider for every certified playgroup to—
(a)
plan for, provide, and review an education programme that is consistent with any curriculum framework prescribed by the Minister that applies to certified playgroups; and
(b)
provide positive guidance to children attending the playgroup in order to support children’s learning.
Regulation 18: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 18(a): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
19 Ratios standard
The ratios standard requires the service provider for every certified playgroup to ensure that—
(a)
more than half of the children attending on any occasion have a parent or caregiver present in the same play area at the same time; and
(b)
the total number of children attending on any occasion is not greater than 4 times the number of parents and caregivers present in the same play area at the same time.
Regulation 19: substituted, on 24 September 2009, by regulation 4 of the Education (Playgroups) Amendment Regulations 2009 (SR 2009/233).
Regulation 19: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
20 Premises and facilities standard
(1)
The premises and facilities standard requires the service provider for every certified playgroup to operate from premises that are—
(a)
safe and that provide sufficient space, facilities, and equipment to support the learning of children attending the playgroup and maintain their health and well-being; and
(b)
available for use by other groups in the community; but
(c)
not used as a private dwelling.
(2)
Subclause (1)(b) does not prevent a playgroup from operating from a part of any premises set aside for the exclusive use of the playgroup, (for example, a particular room in a building) if another part or parts of the same premises are open to use by other groups in the community.
Regulation 20(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
21 Health and safety practices standard
The health and safety practices standard requires the service provider for every certified playgroup to take reasonable steps to—
(a)
maintain good health and safety practices at the playgroup; and
(b)
ensure, so far as is reasonably practicable, the health and safety of children attending the playgroup; and
(c)
ensure that appropriate procedures are in place to deal with fires, earthquakes, and other emergencies.
Regulation 21: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 21(b): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
22 Management and administration standard
(1)
The management and administration standard requires the service provider for every certified playgroup to ensure that—
(a)
the playgroup is effectively managed in accordance with good management practices; and
(b)
the playgroup is managed in a collaborative way with the parents and caregivers involved; and
(c)
appropriate written procedures and records are developed, maintained, and made available when appropriate.
(2)
All written procedures and records required by subclause (1)(c) must be made available by the service provider for inspection—
(a)
at any reasonable time on request by a parent or member of the family or caregiver of a child attending the playgroup:
(b)
at any time on request by any person exercising powers or carrying out functions under Part 2 of the Act.
(3)
Subclause (2) does not limit any rights of access conferred by law to any document referred to in subclause (1)(c).
Regulation 22(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 22(2)(b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Rebecca Kitteridge,
Clerk of the Executive Council.
Date of notification in Gazette: 10 July 2008.
Notes
1 General
This is a consolidation of the Education (Playgroups) Regulations 2008 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulation 102
Education and Training Act 2020 (2020 No 38): section 668
Health and Safety at Work Act 2015 (2015 No 70): section 232
Education (Playgroups) Amendment Regulations 2009 (SR 2009/233)
Amendments not yet incorporated
The most recent version of this secondary legislation does not yet have amendments incorporated from: