Education and Training (System Reform) Amendment Bill

2.1. Are there any publicly available inquiry, review or evaluation reports that have informed, or are relevant to, the policy to be given effect by this Bill?

YES

In addition to the information in the original disclosure statement, the following proposals in the Amendment Paper have been informed by publicly available reports:

The Teaching Council amendments have been informed by recent reviews and evaluations of the Teaching Council:

·         The Debbie Francis report into the Council’s strategic direction, operations and organisational culture: TCFINAL2212254YEHDF.pdf

·         The Public Service Commission’s report into the Council’s handling of conflicts of interest. Findings of Teaching Council investigation released: Te Kawa Mataaho Public Service Commission

The changes to physical restraint rules to cover school hostels were a response to the final report of the Royal of Commission of Inquiry into Abuse in Care (RCOI). The proposed changes support the Government to fulfil recommendation 73 of the report which relates to the use of restrictive practices for children and young people in care.

·         RCOI final report: Whanaketia – Through pain and trauma, from darkness to light | Abuse in Care - Royal Commission of Inquiry

We note that the Bill now incorporates the Education and Workforce Select Committee’s recommendation to include the proposal to transfer regulatory functions for early childhood education (ECE) from the Ministry of Education to ERO. The proposal to transfer ECE functions to ERO has been informed by the Ministry for Regulation’s ECE regulatory sector review:

·         Regulatory Review of Early Childhood Education: Regulatory-Review-of-Early-Childhood-Education-full-report-v2.pdf

2.2. Does this Bill seek to give effect to New Zealand action in relation to an international treaty?

NO

No change from the original disclosure statement. Neither the Bill nor the Amendment Paper seeks to give effect to New Zealand action in relation to an international treaty.

2.3. Were any regulatory impact statements provided to inform the policy decisions that led to this Bill?

YES

In addition to the five regulatory impact statements (RIS) provided in the original disclosure statement, the Ministry of Education has prepared the following two RIS for the Amendment Paper:

• Title: Changes to Teaching Council organisational arrangements, dated 25 March 2026.
• Title: Strengthening oversight of home education, dated 23 March 2026.

We note that the Bill now incorporates the Education and Workforce Select Committee’s recommendation to include the proposal to transfer regulatory functions for ECE from the Ministry of Education to the ERO. A RIS was prepared in April 2025 for a range of proposals to respond to the ECE regulatory sector review, including seeking in principle agreement to transfer responsibility for core ECE regulatory functions from the Ministry to ERO as part of wider education system reforms:

·         Title: Proposals responding to the ECE regulatory sector review, dated 11 April 2025.

All RIS identified above can be found on:

·         the Ministry of Education websites: Education and Training (System Reform) Amendment Bill - Ministry of Education or Early learning regulatory review - Ministry of Education

·         the Ministry for Regulation’s website: https://www.regulation.govt.nz/our-work/regulatory-impact-statements/

2.3.1. If so, did the Ministry for Regulation provide an independent opinion on the quality of any of these regulatory impact statements?

YES

In addition to the information in the original disclosure statement, we note that the RIS on ‘Proposals responding to the ECE regulatory sector review’ provided in section 2.3, was considered by the Ministry of Education’s Quality Assurance Panel as not meeting Cabinet’s quality assurance criteria for impact analysis, due to tight constraints on the options considered, limited analysis of impacts, costs and benefits and lack of consultation on the proposals imposed by the timeframe. The Ministry for Regulation and the Ministry of Education have agreed to provide a Post Implementation Report on the chosen options.

2.3.2. Are there aspects of the policy to be given effect by this Bill that were not addressed by, or that now vary materially from, the policy options analysed in these regulatory impact statements?

YES

No change from the original disclosure statement. Relevant aspects for the introduction version of the Bill are identified in the original disclosure statement. Options analyses for the proposals in the Amendment Paper are covered in the regulatory impact statements provided in section 2.3.

2.4. Has further impact analysis become available for any aspects of the policy to be given effect by this Bill?

NO

No change from the original disclosure statement. No additional impact analysis has become available further to the RIS identified in the original disclosure statement and section 2.3 of this supplementary disclosure statement.

2.5. For the policy to be given effect by this Bill, is there analysis available on:

(a)   the size of the potential costs and benefits?

YES

(b)   the potential for any group of persons to suffer a substantial unavoidable loss of income or wealth?

NO

In addition to the information provided in the original disclosure statement, the potential costs and benefits of the proposed further changes to the Teaching Council and the proposal to strengthen home education in the Amendment Paper are assessed in the relevant RIS provided in section 2.3. The cost and benefit analyses can be found on the following pages:

·         RIS: Changes to Teaching Council organisational arrangements, pages 4-5 and 21-23

·         RIS: Strengthening oversight of home education, pages 4 and 16-18

No proposals in the Bill or Amendment Paper create the potential for any group of persons to suffer substantial unavoidable loss of income or wealth.

2.6. For the policy to be given effect by this Bill, are the potential costs or benefits likely to be affected by:

(a)   the level of effective compliance or non-compliance with applicable obligations or standards?

YES

(b)   the nature and level of regulator effort put into encouraging or securing compliance?

YES

Refer to the full response provided in Appendix One.

3.1. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with New Zealand’s international obligations?

No change from the original disclosure statement. Officials have considered whether each proposal in the Bill and Amendment Paper is consistent with New Zealand’s international obligations, and we do not consider the proposals will have an impact on New Zealand’s international obligations.

3.2. What steps have been taken to determine whether the policy to be given effect by this Bill is consistent with the principles of the Treaty of Waitangi?

In addition to the information provided in the original disclosure statement, Treaty of Waitangi implications were considered in the RIS for the home education proposal: Strengthening oversight of home education, page 10 (provided in section 2.3). The RIS notes that the Ministry of Education intends to undertake public consultation on the development of home education exemption regulations, including with Māori, and that Treaty of Waitangi considerations will inform advice on specific regulatory requirements.

Treaty of Waitangi implications for the proposals in the Amendment Paper were considered in the following Cabinet papers:

• Paper 1: Teaching Council proposals to amend the Education and Training (System Reform) Amendment Bill – at paragraph 49, the paper notes that the views of Māori initial teacher education providers and Kaupapa Māori and Māori medium education providers will need to be taken into account in how ministerial appointments are considered.
• Paper 2: Further policy proposals to amend the Education and Training (System Reform) Amendment Bill – at paragraph 44, the paper notes that the proposal to strengthen the oversight of home education does not affect the choice of Māori whānau to home educate and the proposal to change physical restraint rules to cover school hostels improves the safety of any Māori students in school hostels.

The Cabinet papers will be proactively released on the Ministry of Education’s website: Education and Training (System Reform) Amendment Bill - Ministry of Education

3.3. Has advice been provided to the Attorney-General on whether any provisions of this Bill appear to limit any of the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990?

YES

Advice provided on the original Bill can be accessed on the Ministry of Justice’s website at: 20251110-BORA-advice-Education-and-Training-System-Reform-Amendment-Bill-for-publishing.pdf

The proposals in the Amendment Paper have been provided to the Ministry of Justice, but we understand no advice has been provided to the Attorney-General on these proposals.

3.4. Does this Bill create, amend, or remove:

(a)   offences or penalties (including infringement offences or penalties and civil pecuniary penalty regimes)?

YES

(b)   the jurisdiction of a court or tribunal (including rights to judicial review or rights of appeal)?

NO

In addition to the information in the original disclosure statement, we note that the Bill now incorporates the Education and Workforce Select Committee’s recommendation to include the proposal to transfer ECE regulatory functions from the Ministry of Education to ERO. This includes transferring the relevant Director of Regulation role from the Ministry of Education to ERO.  

Section 28(1) of the Act provides that an ECE service provider commits an offence if the service provider ceases to operate a centre without first telling the Secretary for Education and the Director of Regulation that it intends to stop operating the centre (or, in an emergency, telling the Secretary for Education and Director of Regulation as soon as practicable after the closure). The proposed ECE transfer would mean that the requirement to notify the Director of Regulation in the Ministry of Education would change to a requirement to notify Director of Regulation in ERO.

3.4.1. Was the Ministry of Justice consulted about these provisions?

YES

In addition to the information in the original disclosure statement, the Ministry of Justice was consulted on the relevant Cabinet papers for all proposals in the Amendment Paper.

We note that the Bill now incorporates the Education and Workforce Select Committee’s recommendation to include the proposal to transfer ECE regulatory functions from the Ministry of Education to ERO. The Ministry of Justice was made aware of the intent to include this transfer in the Bill, but was not specifically consulted on the change in entity that ECEs will have to notify if they cease to operate a centre.  

3.5. Does this Bill create, amend or remove any provisions relating to the collection, storage, access to, correction of, use or disclosure of personal information?

YES

In addition to the information in the original disclosure statement, we note that the Bill now incorporates the Education and Workforce Select Committee’s recommendation to include the proposal to transfer ECE regulatory functions from the Ministry of Education to ERO. As part of this change, the Bill now includes transitional provisions which provide that information (including personal information) held by the previous Director of Regulation in the Ministry of Education, in relation to their ECE functions before the transfer, is to be treated as having been held by the new Director of Regulation in ERO.  

3.5.1. Was the Privacy Commissioner consulted about these provisions?

YES

The Office of the Privacy Commissioner (OPC) was consulted on the proposals in the introduction version of the Bill and also on the transfer of ECE regulatory functions to ERO (which was included in the Bill through the Select Committee process).

The proposals in the Amendment Paper have not been consulted with the OPC as they do not raise any immediate privacy implications. While the home education and school hostels proposals do not have immediate privacy implications, both proposals enable the development of secondary legislation through which privacy issues may be identified. This includes the potential collection or use of personal information in the regulations for the home education proposal and the rules for use of physical restraint in school hostels. The Ministry of Education will consider privacy implications as part of the development of the secondary legislation and work with the OPC as necessary.

3.6. Has there been any external consultation on the policy to be given effect by this Bill, or on a draft of this Bill?

YES

In addition to the information in the original disclosure statement, the Ministry undertook targeted sector engagement for the proposal in the Amendment Paper on changes to physical restraint rules to cover school hostels. The consultation took place over 2 weeks in November 2025. A total of 96 submitters responded to a survey. Over 80 percent of submitters agreed that the proposed change will create stronger safeguards for students, will make it easier for school hostels to understand the requirements and should be easy for school hostels to implement.

3.7. Have the policy details to be given effect by this Bill been otherwise tested or assessed in any way to ensure the Bill’s provisions are workable and complete? 

YES

The Ministry of Education has been working with ERO to prepare for the transfer of ECE regulatory functions. This includes planning for implementation and testing the workability and completeness of the provisions.

On the hostels proposal, targeted sector engagement in November 2025 set out in section 3.6 resulted in 80 percent of submitters supporting the change and saying it should be easy for school hostels to implement.

4.1. Does this Bill contain any provisions that could result in the compulsory acquisition of private property?

NO

No change from the original disclosure statement. Neither the Bill nor the Amendment Paper contains such provisions.

4.2. Does this Bill create or amend a power to impose a fee, levy or charge in the nature of a tax?

YES

No change from the original disclosure statement. Relevant information regarding the Bill is provided in the original disclosure statement. The proposals in the Amendment Paper do not create or amend such powers.

4.3. Does this Bill affect rights, freedoms, or impose obligations, retrospectively?

NO

No change from the original disclosure statement. Neither the Bill nor the Amendment Paper affects rights, freedoms or impose obligations retrospectively.

4.4. Does this Bill:

(a)   create or amend a strict or absolute liability offence?

NO

(b)   reverse or modify the usual burden of proof for an offence or a civil pecuniary penalty proceeding?

NO

No change from the original disclosure statement. Neither the Bill nor the Amendment Paper makes these changes.

4.5. Does this Bill create or amend a civil or criminal immunity for any person?

NO

No change from the original disclosure statement. Neither the Bill nor the Amendment Paper makes these changes.

4.6. Does this Bill create or amend a decision-making power to make a determination about a person’s rights, obligations, or interests protected or recognised by law, and that could have a significant impact on those rights, obligations, or interests?

NO

No change from the original disclosure statement. Neither the Bill nor the Amendment Paper makes these changes.

4.7. Does this Bill create or amend a power to make delegated legislation that could amend an Act, define the meaning of a term in an Act, or grant an exemption from an Act or delegated legislation?

NO

No change from the original disclosure statement. Neither the Bill nor the Amendment Paper makes these changes.

4.8. Does this Bill create or amend any other powers to make delegated legislation?

YES

Proposal to strengthen the oversight of home education

The proposal to strengthen the oversight of home education empowers the Governor-General to make regulations through Order in Council that prescribe the requirements to maintain a home education exemption under section 38 of the Act, including (without limitation):

·         the regularity of reporting required to maintain an exemption from enrolment under section 38;

·         the required content of reports to the Ministry of Education;

·         any assessment requirements for students in respect of whom a section 38 exemption is held; and

·         any other matter necessary for the administration of section 38.

The regulation making power will be limited to setting the requirements for maintaining a home education exemption. The requirements for obtaining a home education exemption in the first instance are set out in primary legislation under section 38 of the Act.

A regulation making power is preferred over setting specific requirements for maintaining a home education exemption in primary legislation. This is because regulations are better suited to the detailed requirements needed and can be updated more easily over time.

The regulations will be drafted by Parliamentary Counsel, subject to Cabinet scrutiny, and not come into force until at least 28 days after their making. Regulations will be subject to the Acts and Regulations Publication Act 1989, disallowance under the Regulations Disallowance Act 1989, and subject to review by the Regulations Review Committee under Standing Order 326.

Proposal on changes to physical restraint rules to cover school hostels

The proposal on changes to physical restraint rules to cover school hostels involves an amendment to section 100 of the Act which currently empowers and requires the Secretary for Education to make rules relating to practice and procedure for the use of physical restraint at registered schools. The proposal amends this rule making power by extending it to cover the use of physical restraint in school hostels.

As with the settings for registered schools, it is appropriate that the details of procedure and practice in relation to the use of physical restraint in school hostels is provided through delegated legislation (i.e. rules). The key policy settings relating to the circumstances in which restraint is prohibited and allowed are set in primary legislation for registered schools (sections 99 and 100 of the Act), and the proposal ensures that these primary legislative requirements also apply to school hostels.  

This proposal will require the current Education (Physical Restraint) Rules 2024 to be amended accordingly. Section 100(3) requires sector consultation before amendments to the rules are made. The amended rules will be presented to the House of Representatives by the Minister of Education and will be disallowable. The amended rules must also be published by the Secretary for Education.

4.9. Does this Bill contain any provisions (other than those noted above) that are unusual or call for special comment?

NO

No change from the original disclosure statement. Neither the Bill nor the Amendment Paper has such provisions.