Pursuant to section 10(3A) of the Education and Training Act 2020, the Minister of Education gives the following notice:

Title and Commencement

1. This notice may be cited as the Education (Criteria Related to Exclusion of Te Reo Māori Immersion Services from Network Approval) Notice 2023.

2. This notice comes into force on the date it is published.

Criteria

3. This notice sets criteria for the recognition of bodies and iwi or Māori organisations for the purposes of paragraphs (c) and (d) of the definition of “excluded early childhood service” in section 10(1) of the Education and Training Act 2020.

4. For the purposes of paragraph (c), a body seeking recognition by the Minister must:

1. Be a legal entity.
2. Represent five or more early childhood service providers, or groups that will establish early childhood service providers, that have an aligned interest in providing te reo Māori immersion early childhood services.
3. Have a focus on developing te reo Māori full immersion early childhood services, as expressed in the purpose, principles or objectives of the body.
4. Have as a rule of affiliation that affiliates must focus on either delivering a te reo Māori full immersion service or a plan to achieve a te reo Māori full immersion service.
5. Have a plan or strategy about how the body will support its affiliates to progress towards a te reo Māori full immersion service.
6. Have effective governance and management structures, evidenced in particular by descriptions of governance and management roles and responsibilities of each member.
7. Have rules that set out how providers or groups can attain affiliation with the body, and how affiliation can be removed.

5. For the purposes of paragraph (d), an iwi or Māori organisation seeking recognition by the Minister must:

1. Be either:
   1. a recognised legal structure; or
   2. a form of organisation for Treaty or Māori collective purposes, by any one of:
      1. an organisation that represents an iwi or hapū and is recognised by that iwi or hapū as having authority to do so; or
      2. an organisation that represents a community of Māori and is recognised by that community of Māori as having authority to do so; or
      3. an organisation that is recognised by the Crown as a representative organisation of iwi, hapū or Māori (for example, a recognised entity under Te Kāhui Māngai directory: https://www.tkm.govt.nz/glossary/).
2. Have effective governance and management structures, evidenced in particular by descriptions of governance and management roles and responsibilities of each member.
3. Set out in its constitution, charter or other relevant document:
   1. the relationship (government, management or association) between the legal structure or form of organisation and any early childhood service provider, and how that relationship can be terminated; and
   2. the rules for service providers associated with the organisation, and for the organisation if acting as a service provider, including that:
      1. where the organisation is an iwi or hapū-led or governed organisation, the service provider must have a focus on te reo Māori immersion; or
      2. where the organisation is a Māori-led or governed organisation, the service provider must have a focus on delivering a te reo Māori full immersion service or a plan to achieve a te reo Māori full immersion service; and
      3. where the organisation is a Māori-led or governed organisation, how the organisation will support its associates to progress towards te reo Māori full immersion.

Dated at Wellington this 27th day of March 2023.

Hon JAN TINETTI, Minister of Education.