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ECE Sector cautiously welcomes ECE Regulatory clarity

1 August 2025

The early childhood education (ECE) Sector Partners, representing 60% of the sector, has cautiously welcomed the announcement by Associate Minister of Education Hon David Seymour, outlining plans to shift the regulatory functions for ECE licensing and certification from the Ministry of Education (MoE) to the Education Review Office (ERO).

Our submission to the Regulatory Review highlighted the current duplication in compliance auditing between the MoE and ERO, lack of natural justice and transparency around decision-making, and an inadequate investigations and complaints process. As a sector, we have long advocated for a more robust, transparent and consistent approach to regulation.

The sector sees positive potential in this reform, including:

  • A clearer, more transparent, and independent regulatory process.

  • Reduced duplication between the Ministry and ERO, saving time and resources.

  • Greater consistency and accountability in how services are assessed and supported.

  • A simplified experience for parents and providers navigating the system.

Kelly Seaburg, Chair of Advocates for Early Learning Excellence, says “Parents will have a separate Director of Regulation for ECE to bring their concerns and complaints about a service and the Director will have the powers to enter and inspect those premises. It should give parents comfort that the Director will also have the authority to carry out proactive, regular, risk-based monitoring of compliance by service providers.”

ECE providers sometimes have compliance checks from both MoE and ERO within months of each other because the two agencies do not transfer this information. Further, the two agencies may not agree on the interpretation of the regulations, leaving the ECE service at a loss as to whose interpretation to follow.

Cathy Wilson, CE of Montessori Aotearoa New Zealand, notes that having ERO lead the regulatory system may simplify the process and ensure better understanding of expectations given “both the Ministry and ERO have historically shown inconsistencies in how regulations are interpreted between themselves and across regions.”

However, sector leaders emphasise that the success of these changes will depend on what happens next and how the Director of Regulation will interact with ERO.

The ECE Sector Leaders Partnership is calling on the Government to:

  • Ensure ERO is properly resourced and trained to take on this expanded role.

  • Move forward with related recommendations in the Ministry of Regulation’s review, especially those relating to leadership and sector stewardship.

  • Invest in building consistent capability across the ERO workforce to avoid regional disparities in regulatory interpretation.

  • Set a realistic implementation timeline, backed by detailed analysis and close consultation with the whole sector.

  • Keep quality education and care at the heart of every regulatory decision – including supporting qualified teachers and strong child–teacher ratios.

“We welcome the increased clarity and transparency that this decision could bring to the sector,” says Kathy Wolfe, Chief Executive of Te Rito Maioha. “But we will be closely watching to ensure the implementation of this legislation supports delivering high-quality education and care for our tamariki.”

Heather Taylor, Chief Operating Officer at Barnardos Aotearoa, agrees saying “ERO must be properly resourced to carry out this function effectively. Our tamariki cannot advocate for themselves, so it is essential that a vigilant and well-equipped regulator is in place to safeguard their wellbeing and education.”

Wolfe reiterated that quality must remain the cornerstone of ECE in Aotearoa.

“Quality early childhood education relies on qualified teachers, strong teacher–child ratios, and an unwavering commitment to the wellbeing and development of tamariki. Participation alone is not enough. If we lose sight of quality, we risk undermining the benefits ECE delivers for our youngest citizens.”

Media Contact

Rob McCann - Lead Communications Advisor | Kaitohutohu Whakapā Matua
022 411 4560
rob.mccann@ecnz.ac.nz

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