Legal Matters

The Ministry of Education is responsible for licensing early childhood centres and organised home-based care arrangements and provides funding to services.  However, unlike schools the Ministry of Education says they are not responsible for early childhood services. Early childhood services are not public services in the same way as schools and attending an early childhood service is not compulsory for children.  Thus if you have a complaint, the Ministry of Education may only respond and act if it relates to compliance with legal requirements or if there is a misuse of funding.

The Education Review Office reviews service compliance with legal requirements and can make recommendations to services on a broad range of curriculum, health and safety, management, and staffing matters.  However, the complaint would have to be such that the Education Review Office would make a special visit to the service as reviews are generally done only every three years.

The Privacy Commissioner is the person to contact or send a written complaint to if its a matter of your confidential information being used in a way you have not given permission for or misused (e.g. your child's portfolio with confidential family information has been shown to parents making enquiries for childcare at the home-based service).

Contact the Police if you notice a child being abused, neglected, or put at risk in other ways such as a staff member or home educator taking rude or sexualised images of children, or drinking alcohol or being drunk in the presence of children.  If the service is not properly restraining children in vehicles with appropriate car seat restraints or is putting children in physical danger contact the Police.  

If you notice another parent or caregiver puting their child at risk, for example they might be arriving at the centre drunk, or may not be using a car seat restraint for their child, then tell the person in charge at your early childhood service.  It is better for the person in charge at your centre to deal with this in the first instance by talking with parent and then following it up with the Police or Child Youth and Family if appropriate.  However, if you notice that the parent's or caregiver's behaviour doesn't change and the child continues to be at risk - do immediately contact the police or Child Youth and Family Services and report.  We must all share responsibility for responsibility for child safety.

If you are told that your child can no longer attend the service for a reason that you find unacceptable contact the Human Rights Commmision (if discrimination) or the Children's Commissioner who provides an advocacy service and may help with some quick legal advice so you know what to do.  For example, your early childhood service may have a policy that they can exclude a child with disabilities or it might take exception to you breastfeeding on the premises and tell you not to do this or you will have to withdraw your child.

Problems with the Service Quality 

All licensed services should have a written complaints policy or complaints procedure.  Ask to see this.  Follow the process described.  Often the process is to talk with the educator or staff member concerned first, then the person in charge, then if not successfully resolved talk with, or submit a written complaint to, the manager or governing body of the service. 

You may find it helpful to informally chat with a few other parents first and find out if they have a similar complaint just in case what you think is a problem turns out not to be problem.  But if other parents share the same concern, your complaint is more likely to be listened to and responded to more promptly if made with other parents.

Sometimes a service is just not suitable for a child or family.  You may complain but no changes are made and the service is still operating in a legal fashion and breaking no laws or regulations.  If this is the case - don't stress trying to change the service.  You are now better informed to make a choice of a service that will be more suitable and where the same problem/problems won't arise.   

Address & Phone Details to Make an Official Complaint

Children's Commissioner

Office of the Children's Commissioner, PO Box 5610, Lambton Quay, Wellington 6145. Ph 0800 224 453 

NZ Police

Report to your nearest Police Station.  You may phone your local police station and ask a question in confidence to ask if it is a criminal matter before deciding to make details known.  Phone 111 in an emergency.

Privacy Commissioner

Privacy Commissioner, PO Box 466, Shortland Street, Auckland 1140.  In Auckland Ph 302 8655. Outside of Auckland Ph 0800 803 909 

Human Rights Commission

Human Rights Commission, PO Box 12411, Thorndon, Wellington 6144.
Ph 0800 496 877

Education Review Office

Contact your area Education Review Office (under Government Depts in the white pages of the telephone book).  Or write to the head office - Education Review Office,  PO Box 2799, Wellington 6140.  Ph 04 499-2489.

Ministry of Education National office  - contact only if the regional office doesn't respond satisfactorily to your complaint 

Ministry of Education National Office, Early Childhood Education, PO Box 1666, Thorndon, Wellington 601. Ph (04) 463 8000.

Ministry of Education Regional Offices

Whangarei office: PO Box 911, Whangarei 0140. Northland. Ph (09) 436 8900

Auckland office: Private Bag 92644, Symonds Street, Auckland. Ph (09) 632 9400

Hamilton office: Private Bag 3011, Hamilton. Ph (07) 858 7130

Rotorua office: PO Box 1749, Rotorua. Ph (07) 349 7399

Napier office: PO Box 147, Napier.  Ph (06) 833 6730

Lower Hutt office: PO Box 30177, Lower Hutt. Ph (04) 463 8699

Wanganui office: Private Bag 3012, Whanganui. Ph (06) 349 6300

Nelson office: 19 Haven Road, Nelson 7010. Ph (03) 546 3470

Christchurch office: PO Box 2522, Christchurch 8140. Ph (03) 378 7300

Dunedin office: Private Bag 1971, Dunedin 9054. Ph (03) 471 5200

Invercargill office: Private Bag 90-122, Invercargill. Ph (03) 211 3610

Please let us know if any of the details here have become outdated or if you have additional information that would be useful to share to assist parents and families.