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Social Security Act 2018

Other provisions - Regulations

430: Regulations: specific obligations: obligations in relation to dependent children: definitions and attendance

You could also call this:

"Rules about childcare and school attendance for kids who depend on their parents"

The Governor-General can make rules about things like approved early childhood education programmes and registered schools. You can find more information about these terms in section 137(1) and they are used in sections 131 to 134. The Governor-General can also make rules about how often you need to attend an approved early childhood education programme, which is mentioned in sections 131(1)(b), 132(1)(a), and 137(2).

These rules can say what an approved early childhood education programme is, and this can include programmes approved by the Ministry of Social Development. The Ministry of Social Development will look at certain criteria when deciding which programmes to approve. You can learn more about how these rules are published by looking at Part 3 of the Legislation Act 2019.

If the rules let the Minister create criteria for approving programmes, then those criteria are also considered rules. The rules must say that the Minister's criteria are rules, and you can find out more about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784001.

Topics:
Education and learning > School educationFamily and relationships > Children and parenting
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Part 8Other provisions
Regulations

430Regulations: specific obligations: obligations in relation to dependent children: definitions and attendance

  1. The Governor-General may, by Order in Council, make regulations for either or both of the following purposes:

  2. defining (in full, or by reference to other enactments, and as contemplated by section 137(1)) the terms approved early childhood education programme, core check, and registered school, for the purposes of sections 131 to 134; and
    1. prescribing, for the purposes of sections 131(1)(b), 132(1)(a), and 137(2), the minimum extent of, or other required manner of, attending an approved early childhood education programme.

      1. Regulations made under subsection (1)(a) may, without limitation, define an approved early childhood education programme to be or include an early childhood education programme approved by MSD having regard to all relevant approval criteria (if any) prescribed by the Minister by a written notice.

      2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      3. If the regulations authorise the Minister to prescribe criteria by notice as referred to in subsection (2),—

      4. a notice made under those regulations is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
        1. the regulations must contain a statement to that effect.

          Compare
          Notes
          • Section 430(3): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 430(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).