27 March 2020
Susan Bates
[FYI request #12250 email]
Dear Susan
Thank you for your email of 17 February 2020 to the Ministry of Education requesting the
following information:
I would like to know, if possible, what evidence or research, empirical or otherwise, was used
to determine the following regulations in Early Childhood Education (ECE)
1. space per child of 2.5 sqm inside and 5sqm outside
2. no limit on group sizes of children
3. ratios of 1 adult to 10 children over two years of age, 1 adult to five children under two
years of age
4. why two years old was the cut off for these ratios
Your request has been considered under the Official Information Act 1982 (the Act). Our
response to your questions is outlined below:
Question One – Evidence or research, empirical or otherwise, used to determine ECE
regulations on space per child of 2.5 sqm inside and 5sqm outside
The regulations on activity spaces (2.5sqm inside and 5sqm outside) were first set in the
Education (Early Childhood Centres) Regulations 1990. These were also included in the
Education (Early Childhood Centres) Regulations 1998 and are currently in the Education
(Early Childhood Services) Regulations 2008.
Because this requirement came into effect in 1990, information about the evidence or research
relating to this section of the regulations is not available in any computer records. A thorough
search of all files within the Ministry’s archives relevant to your request has been undertaken
and no records were able to be located. As such, this part of your request has been refused
under Section 18(e) of the Act as the document alleged to contain the information requested
does not exist, or despite reasonable ef orts to locate it, it cannot be found.
Question Two - Evidence or research, empirical or otherwise, used to determine ECE
regulation no limit on group sizes of children
The Education (Early Childhood Services) Regulations 2008 do not regulate for group size.
As such, this part of your request has been refused under Section 18(e) of the Act as the
document alleged to contain the information requested do not exist.
OIA: 12205533
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
Question Three and four - Evidence or research, empirical or otherwise, used to
determine ECE regulations for ratios of 1 adult to 10 children over two years of age,
one adult to five children under two years of age, and why two years old was the cut
off for these ratios was.
The adult to child ratios in the Education (Early Childhood Services) Regulations 2008 for all
day centres are a minimum of one staff member for 5 children under two years old. For children
aged 2 years and older, the Regulations require a minimum of one staff member for up to 6
children, two staf members for between 7 and 20 children, and thereafter a ratio of 1:10 adults
to children. These regulations for adult:child ratios in all day centres are the same as the ratios
in the Child Care Centre Regulations 1960 (although there were changes in how ‘all day
centres’ are defined).
A thorough search of files detailing evidence for these policy decision within the Ministry’s
archives was undertaken and no records were able to be located. As such, these parts of
your request have also been refused under Section 18(e) of the Act as the document alleged
to contain the information requested do not exist, or despite reasonable efforts to locate it, it
cannot be
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
education.govt.nz
Document Outline
- The request and due date
- Background
- Proposed response
- Consultation
