16 February 2021
Susan Bates
[FYI request #14407 email]
Dear Susan
Thank you for your email of 6 January 2021 to the Ministry of Education requesting the
following information:
“…Please send me the minutes of all meetings of this Committee. [Advisory
Committee for Regulation Review Early Childhood Education]”
Your request has been considered under the Of icial Information Act 1982 (the Act).
We have identified that there are three documents that fall within scope of your request
attached as
Appendix A. We are releasing these three documents to you in full.
As you may be aware that the Early Learning Regulatory Review (Sector) Advisory Group was
established in 2020 to provide sector insights into the regulatory review, and there have been
three meetings since the group was established.
For further information on the Early Learning Regulatory Review Advisory Group, including
the Terms of Reference, can be found on the Ministry’s website at:
Early Learning Regulatory Review Advisory Group - Terms of Reference – Education in New
Zealand
The Ministry now proactively publishes responses under the Act on our website. As such, we
may publish this response on our website after five working days. Your name and contact
details wil be removed.
Thank you again for your email. You have the right to ask an Ombudsman to review this
decision. You can do this by writing t
o [email address] or Office of the
Ombudsman, PO Box 10152, Wellington 6143.
Yours sincerely
Dr Andrea Schöllmann
Deputy Secretary
Education System Policy
OIA: 1248183
National Of ice, Mātauranga House, 33 Bowen Street, Wellington 6011
PO Box 1666, Wel ington 6140. Phone: +64 4 463 8000 Fax: +64 4 463 8001
education.govt.nz
Appendix A
Minutes
1982
In confidence – not for further distribution
Early Learning Regulatory Review
Sector Advisory Group – 1st meeting
Act
Date
Thursday 27 August 2020, 9.30am-10:45am
Venue
Room 4.07, Mātauranga House, 33 Bowen St., Wellington, Zoom
Chair
John Brooker, Group Manager, Education System Policy
Attendees
Siobhan Murray, Senior Manager, ECE Policy, Education System Policy (ESP)
(Ministry)
Kirsty Macdonald, Senior Policy Analyst, ECE Policy, ESP
Jace Mowbray, Senior Policy Analyst, ECE Policy, ESP
Philippa Casagrande, Policy Analyst, ECE Policy, ESP
Kathryn Cammell, Graduate Policy Analyst, ECE Policy, ESP
Elspeth Maxwell, Manager, ECE Operation Policy & Design, Sector Enablement and
Information
Support (SE&S)
Karen Quinn, Lead Advisor, ECE Operation Policy & Design, SE&S
Sam Johnston, Senior Advisor, ECE Operation Policy & Design, SE&S
Thomas Osborne, Senior Advisor, ECE Operation Policy & Design, SE&S
(Members)
Peter Reynolds, CEO, Early Childhood Council
Jo Lambert, General Manager, Barnardos
Sarah Alexander, CEO, ChildForum
Calmar Ulberg, CEO, Counties Manukau Kindergarten Association
Official
Fiona Hughes, Deputy CEO, BestStart Educaare
Timothy Wong, CEO, Evolve Education Group
Emma Norrie, Area Manager, Evolve Education Group
Cathy Wilson, Executive Officer, Montessori Aotearoa New Zealand
the
Raewyn Overton-Stuart, Manager Director, PAUA
Sean McKinley, General Manager, Playcentre Aotearoa
Andrew Philipps, CEO, Provincial Education
Catherine Bell, Senior Policy and Engagement Advisor, Te Rito Maioha
Arapera Royal Tangaere, Kaihere Kaupapa Kounga, Te Kōhanga Reo National Trust
(Secretariat) Chris Jamieson, Policy Analyst, ECE Policy
under
Apologies
Pauline Winter, General Manager, CEO Auckland Kindergarten Association
Shelley Hughes, Education Organiser, NZEI Te Riu Roa
Note: These notes capture the themes of the discussion and key points made. They do not necessarily
represent a shared view of the group and there may be differing perspectives on some points. They are not
intended as comprehensive minutes of the meeting.
Released
In confidence – not for further distribution
Overview of the Review
• The Ministry outlined the purpose and process for the review – see slides 2-3 of the Powerpoint
presentation.
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• Specifical y discussed was the purpose of the Sector Advisory Group:
o to provide sector perspectives and input into the Review. Note that al three tranches of the
Review involve at least one round of public consultation, so the Advisory Group is not the
only source of sector input into the Review
Act
o to provide advice on particular groups the Ministry should engage with during tranche one.
• The Ministry noted that the group is not expected to write a report or make recommendations to the
Minister. Members of the group are free to provide input as part of the public consultation.
• The meeting and its contents are confidential and should not be shared beyond the Group.
• The aim is to have meetings every two to three months. The next meeting wil take place before
formal consultation on tranche one starts.
Scope of the Review
• The scope of tranche one was recently approved by Cabinet. The Ministry outlined the scope of
tranche one. See slides 6-12 of the Powerpoint presentation. Information
Information used to assess applications
• Question about what evidence informed the proposal to clarify that any relevant information can be
used to assess applications for probationary licences.
• The Ministry noted that there are some examples of applications where service providers have not
been as forthcoming as they could have been, e.g. some services have not declared debt or have
applied under different names.
Network planning
Official
• Question about how the Ministry proposes to communicate with the sector about network planning
and planned provision. It was suggested that this change could be difficult for services currently
going through the licensing process.
the
• The Ministry explained that the implementation of network planning provisions in the Education and
Training Act are delayed by two years. If a service provider applies for a licence before it comes into
force, they wil not need to go through the first stage process. The Ministry will include some
messaging about the timing of network planning as part of its broader communications on the
Review.
• One member suggested that it would be worthwhile doing some work to ensure the financial
viability of services operating in remote locations. The Ministry indicated this is likely to be
under
considered in the work on planned provision from the Early Learning Action Plan.
Regulating for 80%
• There was some discussion about what would happen to services unable to meet the 80%
requirement after it has been regulated. Currently, services unable to comply with the 50%
requirement, or other regulations, are put on provisional licences and are given a timeframe to meet
the requirements. If a service is unable to meet this standard within the specified timeframe, then its
licence may be cancelled.
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• The Ministry will consider this as part of its work on regulating for 80% qualified teachers and is
mindful that there may be tight teacher supply in some areas.
• A question was raised about whether the Ministry would consider Montessori trained teachers to
count towards the 80% requirement in teacher-led centres. MANZ response to this is that it very 1982
much depends on the Montessori training as to whether this would be supported by MANZ.
• One member noted that there is an intention to improve outcomes for children, but sometimes
there are unintended consequences. For example, it is easy to use agency relievers to reach 80%, but
this does not necessarily improve child outcomes.
Act
Reviewing the funding system
• One member indicated that the funding system needs to be reviewed and suggested that the
regulatory review should take this into consideration.
• The Ministry explained that the Review is focused on regulatory settings, so funding is not in scope.
However, the Ministry is aware that funding and regulatory issues can be interlinked.
• The Ministry also noted that policy work on regulating for 80% will likely involve aligning funding and
regulatory rules for teacher qualification requirements.
Regional inconsistency
• One member commented that there are inconsistencies between the regulations, the Ministry’s
guidelines and oral advice from Ministry officials. The member explained that they received different
Information
advice on acoustic panelling for two different services, but that these should be consistent advice
across the sector.
• The Ministry asked for the specific examples to be sent through and to discuss offline with the
member. Sometimes differing advice is due to differences in the particular services.
Review of Tomorrow’s Schools
• One member asked about whether the Review of Tomorrow’s Schools wil feature in the regulatory
review.
Official
• The Ministry noted that it would check the status of the Review of Tomorrow’s Schools and how that
may influence the review.
Other matters
the
• The Chair noted the difficulties some members had logging into Zoom and mentioned he looked
forward to meeting face-to-face in the future. Noted that Ministry officials would be wil ing to have
offline discussions with members unable to take part in the discussions.
• The Ministry asked members to provide the Ministry with feedback on the review, what languages
the consultation document should be translated into, and suggestions on what specific groups the
Ministry should engage during tranche one of the review.
under
Action items
Responsibility
Deadline
The Ministry wil provide some messaging about the timing
Alongside
of network planning in its broader communications on the
Kirsty
announcement of
Review.
the Review
The Ministry will check the status of the Review of
Tomorrow’s Schools and how it wil factor into the
John
Before the October
Regulations Review.
meeting
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The Ministry to send the Powerpoint presentation to
members.
Siobhan
27 August
The Ministry to schedule a meeting in October prior to
public consultation on Tranche One
Kirsty
TBC
1982
Members to provide via
[email address]:
• feedback on the Review
Act
• advice about what languages the discussion
Members
Ongoing
document for tranche one should be translated into
• suggestions for particular groups the Ministry
should target Tranche One engagement to.
Information
Official
the
under
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Minutes
1982
In confidence – not for further distribution
Early Learning Regulatory Review
Sector Advisory Group – 2nd meeting
Act
Date
Thursday 5 November 2020, 1.00pm-2:30pm
Venue
Zoom, Mātauranga House, 33 Bowen St., Wellington
Chair
John Brooker, Group Manager, Education System Policy
Attendees
Kirsty Macdonald, Senior Policy Analyst, ECE Policy, ESP
(Ministry)
Philippa Casagrande, Policy Analyst, ECE Policy, ESP
Chris Jamieson, Policy Analyst, ECE Policy
Sam Hughes, Policy Analyst, ECE Policy, ESP
Elspeth Maxwell, Manager, ECE Operation Policy & Design, Sector Enablement and
Support (SE&S)
Information
Karen Quinn Lead Advisor, ECE Operation Policy & Design, SE&S
Sam Johnston, Senior Advisor, ECE Operation Policy & Design, SE&S
Joel Gapes, Senior Advisor, ECE Operation Policy & Design, SE&S
(Members)
Sarah Alexander, CEO, ChildForum
Arapera Royal Tangaere, Kaihere Kaupapa Kounga, Te Kōhanga Reo National Trust
Esther Tinirau, Te Kōhanga Reo National Trust
Jo Lambert, General Manager, Barnardos
Pauline Winter, General Manager, CEO Auckland Kindergarten Association
Official
Raewyn Overton-Stuart, Manager Director, PAUA
Calmar Ulberg, CEO, Counties Manukau Kindergarten Association
Cathy Wilson, Executive Officer, Montessori Aotearoa New Zealand
Catherine Bell, Senior Policy and Engagement Advisor, Te Rito Maioha
the
Fiona Hughes, Deputy CEO, BestStart Educaare
Emma Norrie, Area Manager, Evolve Education Group
Andrew Philipps, CEO, Provincial Education
Thomas Tawhiri, General Manager, Playcentre Aotearoa
(Secretariat) Sam Hughes, Policy Analyst, ECE Policy
under
Apologies
Peter Reynolds, CEO, Early Childhood Council
Timothy Wong, CEO, Evolve Education Group
Jill Bond, CEO, New Zealand Kindergartens
Note: These notes capture the themes of the discussion and key points made. They do not necessarily
represent a shared view of the group and there may be differing perspectives on some points. They are not
intended as comprehensive minutes of the meeting.
Released
In confidence – not for further distribution
Overview and purpose
• The Ministry outlined the purpose of the session – eliciting feedback on tranche one proposals.
• The Ministry outlined the proposed timeframe for consultation on tranche one proposals – starting 1982
late-November and finishing at the end of January 2021. There was concern that this wasn’t enough
time during Christmas and New Year. There was a general view that consultation should run until
mid-late February.
• One member also asked whether any other reviews of the early learning sector are taking place at
Act
the same time as consultation on tranche one proposals. The Chair clarified that at this stage, no
other related reviews are taking place.
Review proposals
New licence fee
• Question about the impact this would have on new community-based services. Possible affordability
issues for community-based services if they have to reapply, when the fees are non-refundable.
• The Ministry noted that there are very few instances where community-based services need to
reapply for a new licence.
Application for probationary licence
Information
• Question about what ‘other information’ the Ministry proposes to use.
• The Ministry confirmed that only information that might be relevant to the application would be
considered e.g. Ministry records of service providers’ history, fit and proper status.
Timing of application for licence amendments for change in identity
• Discussion centred around how long the change in identity process currently takes and therefore
how this change might impact the sale and purchase of services.
• The Ministry confirmed this process can take some time, but it needed to be comprehensive to
Official
ensure that children are not put at risk. It was also noted that it is not Ministry practice to restart this
process if applications do not contain all the necessary information.
Review of licence amendments for change in identity
the
• It was felt that it was important that this change was consistently and transparently applied to avoid
services feeling targeted.
• Some members voiced their concern that existing Ministry processes can draw out change in service
provider identity which can be chal enging for parties involved.
• The Ministry noted the need to ensure any new processes introduced to facilitate a change of service
provider identity were transparent and consistently applied. The Ministry also confirmed that it
would continue to be a two-stage process, which includes a three-month check
under
Incident involving a child • One member thought that proactively moving service providers on to a provisional licence indicates
that something might be wrong before a problem is actually confirmed. Service providers would also
be expected to notify the Ministry of investigations that could lead them being put on a provisional
licence.
• Another member thought this change should only apply to more serious investigations of service
providers that warranted investigation. Another member also questioned whether services which
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notified the Ministry that they were carrying out an investigation would automatically be reclassified
as a provisional licence.
• The Ministry noted that this proposal is focused on how services can be reclassified as a provisional
licence when an investigation is warranted but there may have been no complaint. Any move to a 1982
provisional licence wouldn’t be automatic.
• One member queried the extent to which the Ministry would rely on services to carry out an
investigation.
• The Ministry clarified that it would rely on service providers to carry out investigations, although
Act
there may be scope for Police and Worksafe to be involved depending on the incident in question.
Use of provisional licence history • Members general y felt that the reasons for being put on a provisional licence, and not the number
of times this has happened, were more important when considering provisional licence history.
Some members thought the Ministry should provide more detail about the criteria or situations that
would trigger a move to cancel a licence.
• One member thought the Ministry does not apply a consistent set of rules across the sector,
suggesting that large service providers are held to a higher standard than smaller service providers.
Another member agreed that standards are inconsistently applied across the sector.
• The Ministry agreed to provide strong guidance on how this regulatory change would apply and
noted that cycling on and off of provisional licences wil only be considered at the individual licence
Information
level.
• The Ministry also noted that if a service provider had any concerns with licensing decisions or
perceived inconsistencies, they should raise specific instances with regional Ministry offices.
Written direction for health and safety matters • A couple of members noted that in urban and remote areas, finding contractors to rectify health and
safety issues often takes longer than 5 working days.
• The Ministry noted that consideration would need to be given as to how to manage an instance
Official
where the availability of contractors meant that a safety issue could not be rectified in 5 working
days but could stil be mitigated while the service continued to operate.
• One member indicated that the health and safety of children should be the paramount concern.
the
Removing the 21-day notice period for suspensions
• A couple of members wondered what support would be provided to help move children to other
services following a suspension.
• The Ministry confirmed it already provides assistance in situations like this.
Increasing the minimum room temperature
under
• One member noted that increasing room temperatures would increase services’ energy bil s.
National Education and Learning Priorities (NELP)
• One member asked whether the Ministry was shifting its language from self-review to internal
evaluation. They believed internal evaluation was more forward looking and therefore preferable.
• Another member asked if giving regard to the NELP was necessary, when services are already
implementing
Te Whāriki.
• The Ministry will welcome any feedback on these issues as part of the public consultation process.
The Ministry clarified that the NELP focus on priority areas across the education system and that
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they may change over time as priorities change. The Ministry also indicated that the implementation
of
Te Whāriki varies across services.
Final comments
• One member asked if the Ministry could please send out any changes made to the discussion
1982
document and draft regulations fol owing the meeting.
• The Ministry agreed to send the draft discussion document to the group, including any changes to
the document based on the group’s feedback before starting consultation. Members would have one
week to review the document. It may not be possible to share the draft regulations with the Group
Act
at the same time as they are yet to be finalised with the Parliamentary Counsel Office.
Action items
Responsibility
Deadline
The Ministry to send the draft discussion document to
members, noting how it has responded to the group’s
Kirsty
12 November
feedback from the day
Members to provide feedback on the framing of the draft
discussion document
Members
19 November
The Ministry to schedule next meeting in the New Year
Kirsty
TBC
Information
Members to provide feedback on the review via
[email address]
Members
Ongoing
Official
the
under
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Act
Early Learning Regulatory Rev
Information
iew
Sector Advisory Group meeting – 27 August 2020
Official
the
under
Released
Context for the Review
1982
Act
The Ministry is reviewing the early learning regulatory system to ensure it is
clear
and fit-for-purpose to support high quality educational outcomes
• Addresses recommendations of the
Review of Home-based ECE and the
Information
Early Learning Action Plan
•
Official
Includes consideration of the
Ministry’s regulatory role
the
• Considers
clarity and usability of the regulatory framework
under
The Minister of Education recently agreed to the terms of reference for the Review
which outlines the scope and process.
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Process for the Review
1982
The Review will be undertaken in three tranches to ensure
Act high priority issues are
prioritised first:
• Tranche one targets regulatory gaps that need attention
Information
• Tranche two progresses regulations signaled in the Early Learning Action Plan
and the Review of Home-based ECEOfficial
• Tranche three requires more policy work
the
and engagement with the sector
There will be a series of engagements with the sector throughout the process,
under
including consulting on an exposure draft of any proposed regulatory changes.
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Timeline for the Review
As at 27.07.20
1982
Act
Tranche 1
consultation
(draft regs)
Tranche 3
Tranche 3
Late October –
consultation
consultation
Tranche 1
Tranche 3
Information
mid December
(discussion doc) *
(draft regs) *
Implementation from
Implementation
early 2021
from late 2023
2020
2021
2022
2023
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Tranche 2 Implementation
Tranche 2
Tranche 2
from mid 2022
consultation
consultation
(discussion doc) *
(draft regs) *
under
* indicative timeframes only
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Sector Advisory Group
1982
Act
• We are convening this Group as one way to draw on knowledge from across the sector
and to seek your advice and feedback throughout the Review
• We want these sessions to be free and frank; therefore, we ask that all materials and
discussions are kept confidential.
Information
• The meetings will be held via Zoom every two-three months or more frequently as
required (for example if a number of issues require
Official a more in-depth discussion)
the
• We would like to catch up with you in October prior to the consultation starting
under
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Act
Tranche One proposals
Information
Official
the
under
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Tranche one - overview
1982
Cabinet has approved the scope for tranche one, with an 8 week consultation
Act
beginning in late October or early November.
Proposals fall into two areas:
• Changes relating new services or those with a change in circumstance
Information
• Changes relating services that have compliance issues
Official
We will also be consulting on three other proposals:
the
• Increasing the minimum room temperature from 16 to 18 degrees
• Clarifying the person responsible requirements as defined in Regulations
under
• Updating the licensing criteria to set out the expectations for services regarding the
National Education and Learning Priorities
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Changes relating to new services
1982
Act
1. Clarifying that the fee for a new licence is payable upon application and is non-
refundable, as this is not currently clear in the regulations
2. Clarifying that any relevant information can be used to assess an application for a
Information
probationary licence rather than only the information provided by the applicant
•
Currently, only information provided by the applicant can be taken into account
Official
when granting a probationary licence (Regulation 11 (1)(b))
the
•
This means that an applicant can choose to hide relevant information, such as
previous regulatory breachesunder
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Changes relating to services with a change in
1982
circumstance
Act
3. Clarifying the following for licence amendments when the service provider
changes:
a) service providers are required to apply for a licence amendment before any
proposed change in the identity of the service provider
Information
(rather than after the
change)
• This is to ensure that anyone about
Official to operate in the market has met the
fit and proper test and other suitable assessments before operating
the
b) the phrase “review the licence” can include the assessments used for
granting a probationary licence and/or for granting a full licence
under
• We want to ensure that new service providers are put through an
appropriate level of assessment
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Changes relating to services with compliance
issues
1982
Act
4. Amendments relating to provisional licences:
a) adding ‘incident at a service involving a child that requires investigation’ to
the matters that could lead to a provisional licence
•
Information
The current Regulations only allow a provisional licence to be issued
during an investigation if there has been a complaint, but not for an
incident such as a medical event or an accident
Official
b) adding the ability for the Ministry to cancel a licence based on provisional
the
licence history and the likelihood that the service is unable to sustain
compliance
under
•
There are situations where a service may be cycling on and off a
provisional licence for the same or similar breaches which is putting
children at risk of harm
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Changes relating to services with compliance
issues
1982
Act
5. Creating the ability to issue written directives for health and safety matters that
require immediate attention
•
There are currently limited options to deal with immediate health and safety
issues where there is a risk of harm to children
Information
6. Removing the 21 day minimum notice period to suspend a service’s licence:
Official
a) for not returning a full licence when reclassified as provisional
the
b) when the service is no longer in the control of the service provider
•
This will allow more discret
under ion around the time in which a suspension
will take effect, thereby reducing risks to children
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Other proposals
1982
Act
7. Increasing the minimum room temperature from 16 to 18 degrees
•
This would align with the World Health Organisation guidelines for residential
living spaces
Information
8. Clarifying the person responsible requirements as defined in Regulations
•
This would make it explicit in Schedule 1 of the Regulations that the person
responsible needs to be registered and certif
Official icated with the Teaching Council
the
• Updating the licensing criteria to set out the expectations for services regarding the
National Education and Learning Priorities
under
•
There is a requirement for all services to have regard to the NELP from 1
January 2021
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Tranches two and three
1982
Act
Tranche Two will cover:
Tranche Three will cover:
• Regulating for 80% qualified, including
• Improving adult:child ratios
looking at aligning regulatory and funding
criteria
• Reviewing remaining aspects of the licensing
Information
•
system
Looking at the settings for market entry and
planned provision to ensure supply and
• Evaluating the role of the Ministry and other
quality of services
Official actors in the system to ensure high quality
• Effective Treaty partnership, active
provision and curriculum delivery
the
protection of taonga, and enabling Māori
authority and agency
• Will likely result in a complete rewrite of the
regulations
under
• The aim is to have tranche two completed
by mid-2022
• The aim is to have tranche three completed
by late 2023
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Act
Next Steps
Information
Official
the
under
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Next steps
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• Consultation on tranche one will begin in late October or earl
Act y November.
• We want to ensure that we consult with a diverse range of stakeholders. Please
let us know if you have suggestions of services, service providers or other
stakeholders that would be particularly interested in these proposals
Information
• We are looking to convene this Group every two-three months with the next
meeting in October
• As work progresses we may have ad hoc discus
Official sions on specific topics where we
invite other interested parties to be part of the conversation
the
• If you have any issues you would like us to particularly consider please let us know
via email
under
• We will provide you with a copy of this presentation so if you have anything you
want to feedback after today then do so. But we ask that you keep this information
confidential at this stage Released
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education.govt.nz
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Act
Information
Official
the
under
Released
Document Outline
- The request and due date
- Background
- Proposed response
- Consultation
