What the 2026 ECE Regulatory Changes Mean for Playground Compliance

The Ministry of Education has confirmed that core ECE regulatory functions will transfer to the Education Review Office, with ERO expected to deliver ECE licensing and certification functions by no later than 1 November 2026.

While this is a significant regulatory shift, one important question we are being asked is:

“Do these changes affect playground compliance?”

The answer is: No.

The transfer from MoE to ERO does not change the technical requirements for playground safety.

ECE playgrounds are still expected to comply with:

• NZS 5828:2015

• Appendix A for Supervised Early Childhood Education settings

• Relevant sections of EN 1176

• Impact attenuation requirements under NZS 5828 and EN 1177

What has changed?

Regulatory oversight is changing, with ERO taking on licensing and certification functions.

For now, existing licensing, monitoring and compliance processes remain in place through Ministry regional offices.

For ECE operators, this means clear evidence of playground safety and compliance will continue to be important.

What this means for playground owners

Centres should ensure they can demonstrate:

• Current independent playground inspection reports

• Post-installation compliance certification

• Surface impact testing where required

• Maintenance and repair records

• Prompt rectification of identified hazards

• Independent assessment against NZS 5828 where appropriate

Our recommendation

If your playground has not been independently inspected within the past 12 months, or you have recently installed new equipment or surfacing, now is an ideal time to review your compliance.

At Playsafe, we provide independent:

• Level 3 Annual Playground Inspections

• Post-installation Compliance Inspections

• Surface Impact Testing

• Playground Compliance Advice

• ECE Playground Safety Training

As regulatory oversight continues to evolve, ensuring your outdoor play environment complies with recognised New Zealand Standards remains one of the most effective ways to demonstrate that children’s safety is being properly managed.