Incident Reporting Obligations Under Regulation 56—Why Immediate Action Is Non-Negotiable:

Introduction: The Stakes Are High

In New Zealand’s early childhood sector, Regulation 56 is not just another compliance box to tick. It’s a legal and ethical mandate to protect children from harm and ensure your centre’s continued operation. Failure to act swiftly and correctly can result in severe consequences—including provisional licences, suspensions, or even permanent closure.

We investigate any reported complaints or incidents to make sure early learning services are meeting regulatory requirements. — Ministry of Education

What Is Regulation 56?

Regulation 56 of the Education (Early Childhood Services) Regulations 2008 requires service providers and educators to take decisive action if there is reasonable belief that a child has been ill-treated, abused, or subjected to harmful practices. This includes:

• Excluding the alleged person from contact with children
• Notifying relevant agencies and the Ministry of Education
• Ensuring the safety and well-being of all children in care

Relevant Legislation:

Education (Early Childhood Services) Regulations 2008
Ministry of Education: Incident Reporting

The Numbers Don’t Lie: Why Compliance Matters

• In 2020, there were 454 incident notifications from 371 licensed early learning services—8% of the sector.
• 57% of these were mandatory notifications requiring other agencies to be informed.
• The number of incidents involving other agencies increased by 6.1% from 2019 to 2020, with a 39% rise in Health Authority involvement and a 32% increase in Police involvement.

These statistics highlight that incidents are not rare—and the Ministry is watching. Non-compliance is often discovered during investigations, leading to immediate regulatory action.

Immediate Ramifications of Non-Compliance

If your centre fails to meet its obligations under Regulation 56, the Ministry of Education may:

• Issue a written direction for immediate corrective action
• Place your service on a provisional licence
• Suspend or cancel your licence in serious cases

Inadequate and irregular monitoring of early childhood education service standards can lead to disastrous consequences for children.

Your Action Plan: What You Must Do Now

1. Know Your Policy: Ensure all staff are trained on incident identification and reporting procedures.
2. Act Fast: Notify the Ministry and relevant agencies immediately—delays can be fatal to your centre’s reputation and licence.
3. Document Everything: Keep detailed records of incidents, actions taken, and communications with agencies.