Regulation Minister David Seymour has released the terms of reference for a review into regulation in the early childhood sector, and whether rules and red tape are making it harder for parents to access care services for their children.  

The review will be in addition to a funding review also planned for the sector. The first draft report of the regulatory review is expected in September. 

“Parents want to know their child is safe and well cared for, but costs and waiting lists because of burdensome rules and regulations put ECE out of reach for many,” Seymour said in a statement. 

“Issues with affordability and availability of early childhood education, and the complexity of its regulation, has led to urgent calls from the sector to conduct a review.” 

Seymour claimed to have received reports from centres where teachers and carers were dealing with regulators and writing reports and plans on risks such as apples falling from a tree in the playground, the first aid certificate being hung on the right-hand side of the doorframe instead of above it or the “noise pollution” of a train driver honking the train horn at the children as it passed. 

“Clearly, there is a need to assess the relevance and impact of regulation with the health, safety and wellbeing of children as the priority.” 

Seymour said there would be formal engagement with teachers, centre owners, caregivers, parents, government agencies, child advocacy groups, unions, research bodies, and others connected to the sector to understand from the ground up where the problems are. 

Terms of reference 

The review would cover any regulatory system affecting the early childhood education sector, such as the primary and secondary legislation. All licenced or certified early childhood education services are within the scope of this review, including early childhood services and playgroups. 

Kōhanga Reo has specific licencing criteria and will be considered on that basis. 

Broadly, the review would span education, health, safety, child protection, food safety, buildings and workplaces in the sector. It would not include funding, which will be reviewed separately. 

The high-level questions the review will seek to answer include: 

- What are the problems? 
- Is regulation the best way to address these problems? 
- What are the costs and benefits of the regulations? 
- Are the regulations working? 

The regulatory review is the latest in a series of initiatives from Seymour aimed at “removing red tape” in the sector. 

In April, he announced the Government was making law changes and repealing approval provisions intending to make it easier to set up new services.