ECE licensing criteria NZ — what every centre must meet
Education and Training Act 2020ECE Licensing Criteria 2008Updated April 2026⚡ Live legislation content
Quick answer
ECE centres must be licensed by the Ministry of Education and must meet criteria across four sections: Curriculum, Premises and facilities, Health and safety, and Governance, management and administration.
The four licensing sections
Section 1 — Curriculum
Te Whāriki implementation, learning documentation, bicultural practice, daily outdoor play. Each child must have documented learning stories or equivalent.
Section 2 — Premises and facilities
Requirement
Minimum
Indoor space per child
2.5m² (3.0m² in some contexts)
Outdoor space per child
5m²
Toilet ratios
1 per 10 children (under-2s: 1 per 5)
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Space calculations are per licensed capacity
Space requirements are based on your licensed maximum, not actual attendance. Minor renovations or furniture changes can push you below the legal minimum. Calculate before any layout changes.
Staff ask licensing criteria questions before every ERO visit.
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Mandatory: child protection policy including abuse identification and reporting, current fire evacuation scheme (approved by FENZ, regularly practised), illness exclusion policy, and risk assessments for all environments.
Section 4 — Governance, management and administration
Before each ERO review, centres complete a CAS — a self-audit against all licensing criteria. Only tick what you genuinely meet. Ticking criteria you don't meet creates bigger problems if ERO finds non-compliance you declared compliant.
Common questions
For Teacher-Led services, 100% of teachers must be registered with an Annual Practising Certificate. Ratios: under-2s 1:5, 2-year-olds 1:8, over-2s 1:10, with additional rules for mixed-age groups.
High-performing centres may go 4 years between reviews. Services with compliance issues face more frequent reviews. The Ministry conducts separate funding audits.
The Ministry can revoke a licence, impose conditions, or take proceedings. Before revocation, the Ministry typically gives an opportunity to remedy non-compliance.
Under the Children's Act 2014, regular contact with children triggers safety check requirements including police vetting. Infrequent open event involvement may not trigger it; regular volunteers generally do.
Yes, provided you applied before the current licence expired. The licence is deemed to remain in force while the application is being considered.
What happens when staff ask this question at 11pm?
"ERO is coming next week and one of my teachers wants to know what criterion GMA5 actually requires."
ECE centre manager — 5pm the week before an ERO review
This article covers ECE licensing criteria under the Education and Training Act 2020. Criteria are updated periodically — refer to current Ministry of Education guidance.