services that are leaving their current premises and establishing on a new site. What are the Ministry fees for processing network approval applications? Every application will require a lodgement fee of $575 (incl GST). How long does the Ministry have to process a network approval application? Section 8 of the Regulations specify the processing timeframes for network approval applications. Here’s what it says – see if you can spot the problems! Time frame for Minister to make decision under section 17 of Act 01. The Minister must endeavour to issue a decision under section 17 of the Act within 30 working days after receiving— a complete application for a network approval; and an assessment from the Secretary under section 18 of the Act in relation to that application for a network approval; and an assessment from the Secretary under section 18A of the Act in relation to that application for a network approval; and any additional information requested by the Minister under section 17(3) of the Act. 02. Subclause (01) does not apply if the Minister is considering multiple applications for network approval in regard to the same area to be served. Firstly, subsection (01) requires the Minister to ‘endeavour’ to issue a decision within 30 working days (6 weeks). Endeavour is a weak term when used in the context of processing time frames. It means to try hard to do or achieve something. The Minister only needs to ‘try hard’ to issue a decision within 30 working days. Sections 8(1)(a-d) provide triggers for the 30 working day processing time to start or to restart. This is because of the “Minister must … issue a decision … within 30 working days after About the author Kindello Cofounder, Logan Whitelaw, has a particular interest in the development and operation of early childhood education centres throughout New Zealand. Through Establish, an early learning development consultancy he cofounded, Logan has helped simplify the development process for over 200 new centres across the country. In late 2021, Logan launched Kindello.com - the free online platform that connects early learning services with their ideal customers at the ideal time. Kindello has now grown to become the most comprehensive online marketplace for ECE in New Zealand with more visit bookings, reviews and enquiries being made every week. With this combined experience, he and the team have created the most comprehensive network planning reports in New Zealand. ECC and Kindello have recently agreed a Preferred Supplier Agreement which will give ECC members added benefits from using the Kindello.com app which parents can use to find the right ECE and book a visit to see the centre. receiving” the following: A complete application; An assessment from the Secretary under Sections 18 and 18A of the Act (Fit and Proper; and Financial Viability assessments); Any further information response as requested by the Minister. This means that the 30 working days would only start after the Ministry had processed the approval under Sections 18 and 18A of the Act. The Ministry has a full additional 30 days to complete the assessment of the Section 18 and 18A matters – meaning that there is a total time of 60 working days (12 weeks). However, if this Minister asks for additional information during the process, the 30 working days also starts from the beginning again. There is one final clause that throws all timeframes out the window - which is 8(2) of the Regulations and states that the 30-working day timeframe does not apply if the Minister is assessing more than one application for network approval within the same area. Therefore, if two applicants lodge approval applications within the same area – no processing timeframes apply at all. What’s a network planning report and why do I need one? Section 17 and 17D of the Education and Training Act set out the requirements when applying for a pre-approval to establish a new early learning service. The National Statement and Ministry guidance documents make it very clear that the onus is on the applicant to provide evidence to show a need for the new early learning service within a defined area and that its establishment will not adversely affect the network as a whole. This evidence is required to be submitted and will be assessed as part of the preapproval process. The requirements are technical in nature and mean that an applicant must be able to define a focus area then accurately report on the demographics, ECE demand, supply, occupancy, future growth and District Plan zonings of this area. To be able to provide this level of information you need to have access to, and an understanding all of, the relevant data. These are complex matters and it’s very hard for an ECE provider to put together a network planning report without the assistance of experts. Kindello and Establish have worked together to create highly-detailed network planning reports that cover the matters in the National Statement and Section 17 of the Act. These provide detailed reporting on all relevant matters used in the network planning approval including assessing future growth through investigations into Council growth plans and any significant developments planned. To learn more about these reports or to have one prepared for your application, contact Logan Whitelaw at logan@kindello.com March 2023 { 31 }
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