Aide-mémoire

Minister:
Hon David Seymour, Minister for Regulation
Title:
Approach to engaging in different languages
Number
2024-088
Date:
2 August 2024
Security
Level:
UNCLASSIFIED
Purpose
To outline the Ministry’s approach to engaging with audiences in other languages or formats.
The Ministry will develop an engagement approach for each regulatory review that takes account of the
size and specific needs of the cohorts that we consider are important audiences for each review.
For the early childhood education review, we will translate our engagement hub questionnaires into
Māori and will translate a one-pager into Chinese. We are meeting Pacifica providers this week and will
Key issues
seek their advice on how best to engage with their multiple audiences who may not speak English.
At this stage for the agriculture / horticulture products review, we do not consider that we need to
translate any of our documents.
There are principles and obligations for the Ministry in the Māori Language Act 2016 that mean that
there are occasions where we will use Māori language.
We will need a tailored approach for each review…
The Ministry will develop an engagement approach that is specific and fit for purpose for each regulatory
review. It is clear from the first two reviews that we need to take completely different engagement
approaches. For each review, we will consider who we need to engage with, and the most appropriate
way to do that – using a bespoke approach that is based on their numbers and needs.
We will translate our documents into other languages when we recognise a particular audience has
specific needs that we need to meet to ensure an effective engagement outcome.
We anticipate working primarily with the Department of Internal Affairs’ Translation Service for any of our
translation requirements. The cost and time for the translation service depends on the length of the
content and the language required.
Our advice
There may be situations where we will need to use more specific formats, for example if we were reviewing
a topic relevant to hearing-impaired or  disabled audience.  Creating  alternate formats (Easy Read,
Braille, audio, large print, or video in sign language) is likely to take 4-6 weeks.
Our existing online engagement hub is based on a platform that is tested against Web Content
Accessibility Guidelines V2.2 AA standard.
We will translate some of our documents for the early childhood education review…
For the review into early childhood education, we examined data from the 2023 ECE annual census about
the languages used, to consider whether we needed to translate any of our information or engagement
documents. The top seven languages that are used for more than 50% of teaching are:

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Aide-mémoire

Number of ECE services that spend more than 50% of time teaching in this
language (includes home-based services)
English
3,761
Māori
456
Tongan
46
Samoan
31
Northern Chinese
28
Cook Islands Māori

8
Somali
4

The Ministry will translate our engagement hub questionnaires into Māori because it is the language used
in the largest cohort of non-English speaking early childhood education services, and because  Māori
language in early childhood education is part of the Crown’s commitment to actively protect the
language. We have also set up specific meetings with Puna Reo and the Kohanga Reo Trust.
The next-largest cohorts of non-English speaking services are Tongan and Samoan. After discussing how
best to engage these audiences with Ministry of Education’s advisers, we have set up a face-to-face
meeting with Pacifica providers in Auckland on 31 July.
We have also decided to test whether translating a one-page document would help engage better with
non-English speaking audiences and will translate a one-page factsheet into Simplified Chinese.
There are also principles and obligations relating to the Māori language…
The Māori Language Act 2016 acknowledges that the Māori language is protected as a taonga by article 2
of the Treaty of Waitangi  and expresses the Crown’s commitment to work in partnership with iwi
and Māori to continue actively to protect and promote this taonga, the Māori language, for future
generations.
The Act also contains guidance for departments of state to: as far as is reasonably practicable, consult iwi
and Māori  on  matters  relating  to  the Māori language; and make information accessible to iwi
and Māori through the use of appropriate means (including the use of the Māori language).
Specific clauses from the Māori Language Act 2016 are attached for reference.

Manager
David Wansbrough, Sector Reviews Lead

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Aide-mémoire

Attachment: Excerpts from the Māori Language Act 2016:

6 Acknowledgement of the Crown
1.  The Crown acknowledges the detrimental effects of its past policies and practices that have, over the
generations, failed actively to protect and promote the Māori language and encourage its use by iwi
and Māori, matters that—
a.  have been recorded in evidence given to the Waitangi Tribunal; and
b.  the Crown has acknowledged in deeds of settlement entered into with iwi to settle their
claims under the Treaty of Waitangi.
2.  The Crown expresses its commitment to work in partnership with iwi and Māori to continue actively
to protect and promote this taonga, the Māori language, for future generations.

8 Principles
1.  This section sets out the principles that are intended to guide—
a.  the interpretation of this Act generally; and
b.  in particular, the development of the Māori language strategies required by this Act.
2.  The principles are as follows:
•  Māori language
a.  the Māori language is the indigenous language of New Zealand:
b.  the Māori language has inherent mana and is enduring:
•  Māori language and iwi and Māori
c.  iwi and Māori are the kaitiaki of the Māori language:
d.  the Māori language is the foundation of Māori culture and identity:
e.  knowledge and use of the Māori language enhance the lives of iwi and Māori:
f.  knowledge and use of the Māori language are sustained through transmission of
the language from generation to generation among whānau and by daily communication in
the community:
Māori language and the Crown
g.  the Māori language is protected as a taonga by article 2 of the Treaty of Waitangi:
h.  the Crown recognises the value of the Māori language for the people of New Zealand:
i.  knowledge and use of the Māori language are promoted by an active partnership of the
Crown with iwi and Māori through Te Mātāwai:
j.  the Crown is able to advance the revitalisation of the Māori language by promoting strategic
objectives in the wider New Zealand society:
Māori language and New Zealand society

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Aide-mémoire

k.  the Māori language is an official language of New Zealand:
l.  the Māori language is important to the identity of New Zealand.

9 Guidance for departments of State
1.  As far as is reasonably practicable, a department of State should, when exercising its powers and
performing its functions, be guided by the following principles:
a.  iwi and Māori should be consulted on matters relating to the Māori language (including, for
example, the promotion of the use of the language):
b.  the Māori language should be used in the promotion to the public of government services
and in the provision of information to the public:
c.  government services and information should be made accessible to iwi and Māori through
the use of appropriate means (including the use of the Māori language).
2.  This guidance does not confer on any person any legal right that is enforceable in a court of law.
3.  Consultation by a department of State under subsection (1)(a) is to be carried out by the chief
executive of the department consulting, to the extent that is reasonably practicable, with the persons
or organisations that the chief executive considers to be representative of the interests of iwi
and Māori.

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Aide-mémoire

Minister and Portfolio:  Hon David Seymour, Minister for Regulation
Title:
Early Childhood Education Sector Review Update
Number
MFR2024-113
Security
Date:
9 September 2024
UNCLASSIFIED
Level:
Purpose
Monthly Report – Early Childhood Education Sector Regulatory Review August update
Date of meeting
9 September 2025
Minister
Hon David Seymour
The Early Childhood Education Regulatory Review Sector Engagement submissions phase has
Review phase
now closed.  The review team’s focus has shifted from sector engagement to analysis and
report writing.
Public submissions for the review closed on 31 August.
Over 2000 submissions were received through Engagement Hub, almost a quarter the
submissions received were in free text format meaning an increase in both the volume of
information to be analysed and resourcing hours to complete this work. The high volume of
written submissions received, and the extension in the engagement timeframe awarded,
Key issues
impacts on the two-months scheduled in the current review timeline for analysis, testing and
report writing.
The review team is currently undergoing changes in resourcing as fixed term contracts end and
recruitment for permanent staff is underway. Disruptions to the team’s resourcing are being
actively managed as a risk to the overall review timeline.
The review team understands that there is an expectation for the Ministry to deliver the Early
Childhood Education Regulatory Review Report to Cabinet by the end of the year.
Although we have high confidence in producing a report, we have concerns that the extension
to the consultation timeframe and the volume of submissions, particularly detailed free-form
responses, may impact on the quality of the Report able to be produced in the existing timeline.
Our advice
To manage these constraints, we are considering whether a change to the date for presenting
the report to you for consideration and tabling a Cabinet Paper will mitigate these risks.  We will
provide further advice to you on this matter.
If adopted, we do not think this approach would have any adverse effect on the sector or
impact on the reputation for the delivery of the Review.
Author
Glenda McLaughlin, Project Manager, ECE Sector Review
Manager
Justine Fitzmaurice, Sector Reviews, S 9(2)(a)

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Aide-mémoire

Minister and Portfolio:
Hon David Seymour, Minister for Regulation
Early Childhood Education Sector Review
Title:
Number
2024-153
September Update
Date:
7 November 2024
Security Level:  UNCLASSIFIED
Purpose
Monthly Report – Early Childhood Education Sector Regulatory Review October update
Minister
Hon David Seymour
The Early Childhood Education Regulatory Review Sector Engagement is currently in the
Review phase
analysis and report writing phase.
The review risk is stable at amber. We are actively managing risks relating to the tensions
between resourcing and schedule.  We are on track to bring the Early Childhood Education
Sector Regulatory Review Report to you in December.
Final site visits to Te Kōhanga Reo, Puna Reo and Pacific Peoples early childhood centres
were completed during October.
The  review  is  making  good  progress  analysing  and  testing  initial  findings  and
recommendations.  To  date,  we  have  held  13  inter-agency  testing  workshops  covering
regulatory  monitoring,  regulatory  capability  and  performance,  licencing  criteria  (multiple
workshops),  regulatory  tools,  curriculum,  qualifications  and  ratios,  regulatory  strategy,
approach, culture and leadership along with other key themes from our analysis.
Key issues
During October we provided you with a summary of all direct and indirect engagement and
the initial findings of licensing criteria tranche one. We proactively published the Themes
from Direct Engagement Briefing Paper MFR 2024 - 121 and Early Childhood Education
Review analysis of themes brief and What Submitters told the Early Childhood Education
Regulatory Review Report MFR 2024 - 129 on the Ministry for Regulation website on 31
October. These two reports summarise face-to-face feedback and information provided
through our engagement hub.
We will provide you with a briefing on 14 November on the Early Childhood Sector
Regulatory Review initial findings and recommendations that will include the initial findings
of licensing criteria tranche two.
The content of this Aide Memoir and the Early Childhood Education Sector Regulatory
Review October Update can be shared with other Ministers and their offices.
Author
Glenda McLaughlin, Project Manager, ECE Sector Review
Manager
Justine Fitzmaurice, Sector Reviews, S 9(2)(a)

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Document Outline