Early Childhood Education Regulation Reform: New Zealand’s New Law for Families and Providers

New Zealand’s early learning sector has just taken a major step forward with the passing of a new law that clearly defines why early childhood education (ECE) is regulated and how it should be overseen. Many in the sector have long said that confusing rules, mixed messages from agencies and unnecessary compliance made things harder than they needed to be. But with the Early Childhood Education Regulation Reform framework in place, the Government is determined to provide clarity, fairness and a much stronger focus towards child safety.

Associate Education and Regulation Minister David Seymour has welcomed the move, describing it as a “child-first, common-sense” shift that finally puts the purpose of ECE regulation into law. The change also fulfills a key recommendation from the Ministry for Regulation’s ECE Sector Review.

At the heart of these reforms is the creation of a Director of Regulation, a brand-new leadership role that will sit inside the Ministry of Education from February 2026. This Director will oversee licensing, monitoring and compliance across the sector. They will investigate complaints, manage incidents and ensure centres understand what quality early childhood education actually looks like. In other words, instead of a maze of agencies and mixed advice, providers and parents will have a clear, central point of guidance.

Much of the sector’s previous frustration came from rising costs and heavy-handed rules that didn’t always seem necessary. The new law tackles this directly. It mainly allows regulations to only impose expenses on parents, caregivers and providers when it is a matter of ensuring children’s wellbeing. A risk-based approach will be taken, something providers have been calling for, meaning decisions should now be proportionate, fair and transparent.

An important feature of the reform is a graduated set of enforcement tools. Instead of heading straight to harsh penalties, the Director can respond at the right level and time depending on the seriousness of the issue. This creates more flexibility and reduces unwanted stress on centres. This focuses on improvement rather than punishment.

In carrying out their duties, the Director will be legally required to prioritise:

• The health, safety and wellbeing of children

• The importance of children’s learning and development, including their readiness to transition to school.

• Recognition of parents and caregivers role

• Good regulatory practice, fair and risked based decisions must be transparent and avoid unnecessary costs.

For families, these reforms could mean more choice and easier access to quality early childhood education. This makes it easy and simple to run high-quality centres, with the hopes to encourage competition and reduce any kind of bottlenecks.

Further structural changes are planned too. A shift of regulatory functions to the Education Review Office (ERO) will follow in a later amendment under the Education and Training (System Reform – Part 1) Amendment Bill. This was recently introduced and is expected to move forward in 2026.

Overall, the Early Childhood Education Regulation Reform brings a thoughtful restart for the sector, putting children first, guides parents and makes life clearer and efficient for the providers.