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 what words mean and how long kids should be in early learning”

The Governor-General can make rules about two things. First, they can explain what certain words mean, like “approved early childhood education programme”, “core check”, and “registered school”. These explanations help people understand sections 131 to 134 of the Social Security Act 2018.

Second, they can set rules about how much time children need to spend in early childhood education programmes. This helps people follow sections 131, 132, and 137 of the Act.

When defining an approved early childhood education programme, the rules can say it’s a programme that MSD (Ministry of Social Development) approves. MSD will look at criteria set by the Minister when deciding to approve a programme.

These rules are called secondary legislation, which means they must be published in a certain way.

If the rules let the Minister set criteria for approving early childhood education programmes, the Minister’s criteria must also be published as secondary legislation. The rules must clearly state this.

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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 education
Family and relationships > Children and parenting
Government and voting > Government departments

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Part 8 Other 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).