Legislation verified current as at 2 May 2026view all guides
Legislation current as at 2 May 2026. Check legislation.govt.nz for any amendments.

ECE Staff Ratios NZ 2026 – Full Compliance Guide

Getting staff ratios right is one of the most critical compliance obligations for any early childhood education (ECE) service in New Zealand. The rules are set out in the Education and Training Act 2020 and the associated Education (Early Childhood Services) Regulations 2008. This guide explains exactly what you need to know for 2026, in plain English, so your team can stay compliant every shift.

Key rule – Minimum ratios (Education and Training Act 2020, Schedule 2, clause 5):

These ratios apply at all times children are present. They are minimums — you can always have more staff.

How the ratios work in practice

The ratio is calculated based on the number of children present at any given time, not the number enrolled. For example, if you have 12 children aged under 2, you need at least 3 staff members (12 ÷ 5 = 2.4, rounded up to 3). If you have 11 children aged over 2, you need 2 staff (11 ÷ 10 = 1.1, rounded up to 2).

Staff must be counted only once — you cannot use the same person to meet the ratio for two different age groups at the same time. Each staff member is assigned to a specific group of children.

Mixed-age groups – special rules

Many NZ ECE services operate mixed-age settings (e.g., under-2s and over-2s together). In that case, you must meet the most stringent ratio for the youngest child present. So if a 1-year-old is in a room with 3-year-olds, the whole group must be treated as under-2s for ratio purposes (1:5).

Warning – Mixed-age trap: A common compliance breach happens when a service has a mixed-age group but only staffs for the over-2 ratio. If even one child under 2 is present, the entire group must meet the 1:5 ratio. Always check the youngest child’s age before setting your roster.

Qualified teacher requirements

Ratios are not just about numbers — they also require a certain proportion of qualified teachers. Under the Education and Training Act 2020, Schedule 2, clause 6:

Qualified teachers are counted in the ratio. For example, if you have 4 staff for 20 over-2s, at least 2 of those staff must be qualified teachers.

Relief staff and casual workers

Relief staff can be used to meet ratios, but they must be suitable and supervised. The Education (Early Childhood Services) Regulations 2008, regulation 44(1)(c), requires that every person employed or engaged to work with children is safe and competent. For relief staff:

Warning – Relief staff gaps: If a relief staff member calls in sick at the last minute, you cannot simply leave the ratio understaffed. You must either find a replacement, reduce the number of children, or close the room. Operating below the minimum ratio is a breach of your licence and can lead to enforcement action by the Education Review Office (ERO) or the Ministry of Education.

To avoid last-minute ratio crises, many services use ShiftScript to manage relief staff bookings and ensure compliance in real time. Log in to ShiftScript now to view your current ratio compliance dashboard and book qualified relief staff instantly.

Record-keeping and evidence

You must keep accurate records of staff-to-child ratios at all times. The Education (Early Childhood Services) Regulations 2008, regulation 45, requires services to maintain a daily attendance record showing the number of children present and the staff on duty. These records must be kept for at least 12 months and be available for inspection by the Ministry of Education or ERO.

Best practice: Use a digital system like ShiftScript to automatically log ratios every 30 minutes. This creates an audit trail that proves compliance during an ERO review.

Penalties for non-compliance

Breaching ratio requirements can result in:

Don’t risk it. Make ratio compliance a non-negotiable part of your daily routine.

Need to simplify ratio compliance?

ShiftScript helps ECE services in NZ automatically calculate required staff numbers, track qualified teacher percentages, and manage relief staff bookings. Try ShiftScript free for 14 days — no credit card required.

Frequently asked questions

Can a centre director be counted in the ratio?

Yes, if the director is actively working with children and not performing administrative duties at that time. However, if the director is in a meeting or doing paperwork, they cannot be counted.

What if a child turns 2 during the day?

The ratio is based on the child’s age at the time they are present. If a child turns 2 at 2pm, from 2pm onwards they are counted as a 2-year-old (1:6 ratio) for the rest of the day. Update your ratio calculation immediately.

Do student teachers count in the ratio?

Student teachers on placement can be counted in the ratio if they are under the direct supervision of a qualified teacher and are deemed competent by the service. They do not count toward the qualified teacher percentage.

How often should I check ratios?

At least every 30 minutes, and whenever a child arrives or leaves. The ratio can change throughout the day, so continuous monitoring is essential. ShiftScript automates this for you.

Frequently asked questions

Can a centre director be counted in the ratio?
Yes, if the director is actively working with children and not performing administrative duties at that time. However, if the director is in a meeting or doing paperwork, they cannot be counted.
What if a child turns 2 during the day?
The ratio is based on the child’s age at the time they are present. If a child turns 2 at 2pm, from 2pm onwards they are counted as a 2-year-old (1:6 ratio) for the rest of the day. Update your ratio calculation immediately.
Do student teachers count in the ratio?
Student teachers on placement can be counted in the ratio if they are under the direct supervision of a qualified teacher and are deemed competent by the service. They do not count toward the qualified teacher percentage.
How often should I check ratios?
At least every 30 minutes, and whenever a child arrives or leaves. The ratio can change throughout the day, so continuous monitoring is essential. ShiftScript automates this for you.