Childcare Agreement (New Zealand)

A Childcare Agreement in New Zealand records the childcare to be provided, the fees, the service standards, and each party's obligations between the provider and the client under the Contract and Commercial Law Act 2017.

Childcare arrangements in New Zealand operate within a framework of education, employment, health and safety, and privacy law. The Education and Training Act 2020 and the Education (Early Childhood Services) Regulations 2008 regulate licensed early childhood education services, including childcare centres and licensed home-based ECE networks operating under licences issued by the Ministry of Education. Licensed services must meet specific staffing, safety, and curriculum requirements.

For private arrangements — including the engagement of a nanny or home-based carer directly by a family — the Contract and Commercial Law Act 2017 governs the contractual relationship. Section 34 of that Act governs interpretation of the agreement and the rights of the parties on breach or termination. Where the nanny or carer is an employee of the family, the Employment Relations Act 2000 also applies, including the duty of good faith under Section 4 and minimum employment entitlements under the Holidays Act 2003 and the Minimum Wage Act 1983.

The Privacy Act 2020 applies to the collection and use of the child's personal and medical information by the provider. Information Privacy Principle 3 requires the provider to notify parents why their child's information is being collected and how it will be used. Information Privacy Principle 5 requires the information to be stored securely.

The Health and Safety at Work Act 2015 applies to all childcare settings. Section 36 of the HSWA requires any person conducting a business or undertaking to take all reasonably practicable steps to protect the health and safety of children in their care. The Children's Act 2014 requires safety checks including police vetting for people working with children in regulated services.

For private arrangements — including the engagement of a nanny or home-based carer directly by a family — the Contract and Commercial Law Act 2017 governs the contractual relationship between the parents and provider. Section 34 of that Act governs interpretation of the agreement and the rights of the parties on breach or termination. Where the nanny or carer is an employee of the family — which is the common position for nannies under Section 6 of the Employment Relations Act 2000 — the employment relationship provisions of the Employment Relations Act 2000 also apply, including the duty of good faith under Section 4 and minimum employment entitlements under the Holidays Act 2003 and the Minimum Wage Act 1983.

The Children's Act 2014 imposes safety check requirements for people working with children in regulated activities, including police vetting for workers in licensed ECE services, schools, and health and disability services. Private nannies employed directly by a family are not subject to the Children's Act 2014 safety check requirements, but families are strongly advised to conduct their own reference and background checks when employing someone to care for their children.

The Inland Revenue Department (IRD) may require records of childcare fee payments in connection with Working for Families Tax Credits or other subsidies. Families receiving the childcare subsidy should keep accurate fee records consistent with their childcare agreement, as IRD and the Ministry of Social Development may audit subsidy claims.

A Childcare Agreement in New Zealand is needed whenever a family engages a private childcare provider — including a nanny, au pair, home-based carer, or childcare centre — on a paid basis. A written agreement is strongly recommended for any paid childcare arrangement regardless of its duration or frequency.

For families engaging a nanny, au pair, or home-based carer, the agreement documents the care schedule, fees, duties, health and safety responsibilities, and termination provisions. Where the carer is an employee of the family — which is the common position for nannies under Section 6 of the Employment Relations Act 2000 — the childcare agreement also serves as or supplements the required individual employment agreement under Section 63 of the Employment Relations Act 2000.

For enrolment at a licensed early childhood education centre or licensed home-based ECE network, the service will typically have its own standard enrolment agreement that parents sign. A supplementary childcare agreement may still be needed to document agreed pick-up and drop-off arrangements, fee payment schedules, and any specific care requirements not covered by the service's standard terms.

The agreement is important for managing liability and risk. Clear written terms about the provider's responsibilities for the child's safety, medical treatment consent, and emergency procedures reduce the risk of disputes. Where a child has specific medical conditions, allergies, or special needs, documenting the provider's obligations in a written agreement is particularly important for the child's safety and the provider's protection under the Health and Safety at Work Act 2015 and the Education (Early Childhood Services) Regulations 2008.

The Inland Revenue Department (IRD) may also require records of childcare fee payments in connection with Working for Families Tax Credits or other tax credit entitlements available under the Tax Credits (Childcare Payments) Regulations.

The agreement is also important when a grandparent, relative, family friend, or au pair has regular care of a child — particularly overnight care — and must be able to make decisions about the child's welfare. Documenting the arrangement in writing, even informally, protects all parties and clarifies expectations about fees, schedule, and responsibilities under Section 34 of the Contract and Commercial Law Act 2017.

For families enrolling children in licensed early childhood education services, the service's standard enrolment agreement should be reviewed carefully before signing. Parents have the right to negotiate terms where the standard agreement is unreasonable, and any supplementary arrangements — such as extended hours, specific dietary requirements, or transport arrangements — should be documented in a supplementary childcare agreement to avoid misunderstandings.

The agreement should also be reviewed and updated whenever care arrangements change materially, including changes to fees, hours, the identity of the provider, or the number or age of children being cared for. A written record of agreed variations prevents disputes about what was agreed and when the change took effect.

A well-drafted Childcare Agreement in New Zealand should include the following key elements to protect both parents and provider and to comply with applicable legislation.

Party details: Full legal names and contact details of the parents or guardians and the childcare provider. For companies or organisations providing care, the NZBN and legal name should be recorded.

Child's information: The child's full name, date of birth, and any special needs or care requirements relevant to the arrangement.

Care schedule: Specific days and hours of care, pick-up and drop-off arrangements, and provisions for changes to the regular schedule.

Fees and payment terms in NZD: The fee structure — hourly, daily, or weekly rate — payment schedule, late payment provisions, and whether fees are GST-exclusive under the Goods and Services Tax Act 1985. Any government subsidies — such as the 20 Hours ECE funding available under the Education and Training Act 2020 — should be reflected in the fee calculations.

Sick and holiday policies: Who bears the cost when the child is sick, and how public holidays under the Holidays Act 2003 are treated in the fee schedule.

Health and medical consent: The provider's obligations to maintain current emergency contact information, and consent for the provider to authorise emergency medical treatment if parents cannot be reached, consistent with Section 36 of the Care of Children Act 2004.

Allergies and medications: Documented allergies and express authorisation for the provider to administer medication if required.

Termination notice: The notice period required to end the agreement, and circumstances justifying immediate termination for safety reasons.

Confidentiality: Protection of the family's personal and household information in compliance with Information Privacy Principle 11 of the Privacy Act 2020.

The forms-legal.com Childcare Agreement (New Zealand) provides a ready-to-use template covering all these elements.

Child's special needs or medical requirements: Where the child has a disability, developmental condition, allergy, or medical condition that requires specific management by the provider, the agreement should document the provider's obligations in detail. This is particularly important for conditions requiring medication administration, dietary restrictions, or specific behavioural management techniques. The provider's obligations under the Health and Safety at Work Act 2015 to maintain a safe environment extend to managing known health risks for each child in their care.

Substitute carer arrangements: Where the primary provider may need to use a substitute carer — such as a relief worker or family member — the agreement should specify whether this is permitted, the notice required, and any qualifications or vetting requirements for substitute carers. Parents have the right to know who is caring for their child at all times.

Photography and social media consent: A provision addressing whether the provider may photograph the child for record-keeping, portfolio, or communication purposes, and whether images may be shared on social media or used for promotional purposes. Under the Privacy Act 2020, Information Privacy Principle 3 requires disclosure of the purpose for which images will be used, and parents' consent should be obtained separately for any use beyond the immediate care relationship.

Dispute resolution: A provision for how disputes about the agreement will be resolved — typically direct negotiation first, then MBIE mediation if required, and finally the Disputes Tribunal for claims up to NZD 30,000 or the District Court for higher-value claims under the Contract and Commercial Law Act 2017.