ECE Licensing Criteria NZ 2026 – Compliance Guide for Frontline Managers

This guide covers the core licensing criteria for early childhood education (ECE) services in New Zealand under the Education and Training Act 2020 and associated regulations, as at April 2026. It is written for centre managers, service owners, and compliance leads who need to understand and apply the requirements day-to-day.

Legal Framework

All licensed ECE services must comply with the Education and Training Act 2020 (the Act) and the Education (Early Childhood Services) Regulations 2008 (the Regulations). The Ministry of Education (MoE) administers licensing through the Licensing Criteria for Early Childhood Education and Care Centres 2008 (the Criteria), updated regularly. Key sections include:

• Section 10 – Definition of “licensed early childhood service”
• Section 14 – Requirement for a licence to operate
• Section 17 – Conditions of licence
• Section 18 – Suspension or cancellation of licence

General Manpower Allowance (GMA) 1/2

GMA 1 and GMA 2 are the two standard licence conditions that set minimum staffing and qualification requirements. Under Regulation 44(1) and Criterion GMA1:

GMA2 – Qualification requirements: At least 50% of the staff counted in the child-to-teacher ratio must hold a recognised ECE qualification (e.g., Diploma in Teaching ECE, Bachelor of Education ECE). The remaining staff must be enrolled in an approved training programme or hold a qualification acceptable to the Secretary for Education.

Child-to-Teacher Ratios

Ratios are set out in Regulation 44(2) and Criterion GMA3:

• Under 2 years: 1 teacher to 5 children (1:5)
• Over 2 years: 1 teacher to 10 children (1:10)
• Mixed-age groups: The ratio is calculated proportionally based on the number of children under and over 2 years.

These ratios apply during all hours of operation, including meal times and outdoor play. A service that fails to maintain ratios at any time is in breach of its licence conditions.

Police Vetting – Children’s Act 2014

Under the Children’s Act 2014 (sections 15–17) and Regulation 47, every person employed or engaged by a licensed ECE service who may have unsupervised access to children must be police vetted. This includes:

• All teaching and support staff
• Volunteers who work with children
• Contractors (e.g., cleaners, photographers) who may be alone with children

Vetting must be renewed every three years (or more frequently if required by the service’s own policy). The service must keep a register of vetting dates and outcomes. Failure to vet is a ground for licence suspension under Section 18(1)(c) of the Act.

First Aid Requirements

Under Regulation 46 and Criterion GMA4, at least one staff member on duty at all times must hold a current First Aid Certificate (Unit Standards 6400, 6401, 6402 or equivalent). The certificate must be renewed every two years. The service must also have a first aid kit that meets the requirements of AS/NZS 2678:2000 (or later standard).

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Physical Environment

The physical environment must comply with Regulations 31–38 and Criteria PF1–PF15. Key requirements:

• Indoor space: Minimum 2.5 m² per child (net usable floor area, excluding corridors, toilets, storage)
• Outdoor space: Minimum 5 m² per child (including shade, soft fall under climbing equipment)
• Fencing: All outdoor areas must be securely fenced to a height of at least 1.2 m, with gates that self-close and self-latch
• Toilets and handwashing: One toilet per 15 children (min. 2), one hand basin per 20 children
• Sleeping: Separate sleep area for children under 2 years, with cots or mattresses spaced at least 0.5 m apart
• Ventilation and lighting: Must meet Building Code requirements (NZBC G4, G7)

Licence Conditions

Every licence is issued with specific conditions under Section 17 of the Act. Common conditions include:

• Maximum number of children (roll cap)
• Age range of children (e.g., 0–5 years)
• Hours of operation
• Any special conditions (e.g., requiring a qualified teacher on site at all times)

Breach of a licence condition can result in a written warning, suspension, or cancellation of the licence. The MoE conducts regular reviews and may impose additional conditions following a complaint or incident.

Record-Keeping and Documentation

Services must maintain the following records for inspection by the MoE or Education Review Office (ERO):

• Attendance registers (daily)
• Staff qualification and vetting records
• First aid certificates
• Fire drill and emergency evacuation logs
• Incident and accident reports
• Policies and procedures (e.g., child protection, medication, sleep)

Transition to 2026 Updates

From 1 January 2026, the following changes apply:

• GMA1 now explicitly requires that the second adult (non-qualified) must hold a current first aid certificate (previously only recommended).
• Police vetting must now be completed before a person starts work (not within 14 days of starting).
• Outdoor shade requirements have been strengthened – all outdoor areas must have natural or artificial shade covering at least 30% of the play space.