New Bill Overhauls Early Childhood Regulation, ERO to Take Over from Ministry

In a significant overhaul of New Zealand’s early childhood education (ECE) system, Associate Education Minister David Seymour has introduced new legislation that redefines the way early learning services are regulated—bringing clarity, efficiency, and a stronger focus on child safety to the sector. The Early Childhood Education Reform Bill, unveiled this week, shifts the regulatory authority from the Ministry of Education to the Education Review Office (ERO), while embedding key regulatory principles into law.

The bill is part of the Government’s broader mission to eliminate unnecessary red tape and deliver smarter, more consistent regulation across sectors.

Clarity, Consistency, and Safety at the Core

Minister Seymour emphasized that the current regulatory framework is too complex and fragmented, often leaving early learning providers confused by conflicting rules and advice from multiple agencies.

“ECE providers are bogged down by overlapping and unclear regulations,” Seymour stated. “This bill will ensure that the purpose of regulating early childhood education is clearly defined in law, that children’s safety is prioritized, and that unnecessary burdens on parents and providers are avoided.”

At its heart, the new law aims to ensure:

• Child safety is the top priority

• Costs on parents are justified and minimized

• Regulations are fair, consistent, and proportionate

• ECE providers can focus on care and learning, not bureaucracy

The legislation follows recommendations from the Ministry for Regulation’s ECE Sector Review, which gathered direct input from providers nationwide.

One Regulator, One Clear Set of Rules

One of the most notable changes is the transfer of regulatory responsibilities from the Ministry of Education to the ERO. This includes:

• Licensing

• Certification

• Monitoring compliance

• Investigating complaints and incidents

• Enforcement and prosecution where necessary

To oversee these functions, the bill creates a new role: the Director of Regulation for Early Childhood Education. The Director will be tasked with applying rules uniformly across the country, ensuring that all service providers—whether urban, rural, public, or private—are held to the same clear standards.

“The Director’s job will be to make sure the system is fair, consistent, and focused on what really matters: the well-being and development of children,” said Seymour.

From 2025, ECE providers will deal exclusively with ERO for regulatory matters. Both the Ministry of Education and ERO are currently working together to ensure a smooth transition for service providers, staff, and parents.

Foundational Principles in Law

The new legislation enshrines a set of governing principles that the Director of Regulation must follow when carrying out their duties:

1. Health, safety, and well-being of children is paramount.

2. Learning and development must support children's readiness for school.

3. Parents and caregivers are recognised as partners in early learning.

4. Good regulatory practice, including decision-making that is:

   • Risk-based

   • Proportionate

   • Fair and transparent

   • Designed to avoid unnecessary costs

These principles aim to balance the need for robust oversight with the practical realities faced by providers and families.

Cutting Red Tape, Supporting Growth

Minister Seymour noted that the current multi-agency system has increased costs, limited competition, and discouraged new entrants from opening high-quality centres—particularly in areas with growing demand. By streamlining the regulatory process, the Government hopes to make it easier to open and run quality centres, giving parents more choice and better access.

“Some centres told us they were being told one thing by one agency and the opposite by another. That kind of confusion wastes time and money,” Seymour said. “This bill responds directly to what the sector has asked for.”

Smarter Regulation in Action

The ECE Reform Bill is part of a larger Government agenda focused on reducing regulatory burdens, improving service delivery, and enabling greater participation in essential sectors such as education and healthcare. In the long run, the reforms are expected to increase the supply of ECE places, improve outcomes for children, and reduce stress on providers and families.

With the bill now introduced to Parliament, it will undergo the usual legislative process, including select committee consultation where parents, educators, and stakeholders will have the chance to make submissions.

“This is a major step forward in how we support early childhood education in New Zealand,” Seymour concluded. “It ensures the system is simpler, safer, and focused on what matters most—our children.”