Update 01/09/2023:
We have made two important changes to the Police Vetting application and consent form.
New Zealand Police have updated their form. The updates are to ensure that the Vetting Service receives the information required to process each vetting request as accurately and efficiently as possible, and ensure the correct application of relevant legislation e.g., the Children’s Act 2014 and the Criminal Records (Clean Slate) Act 2004.
NZ Police have made the following changes:
•Vetting request submission questions have been updated to make it easier for agencies like the Trust to request the correct type of Police vet.
•Other minor changes have been made, including to Section 3 - Consent to release information.
The second change is the addition of a pre-engagement convictions declaration form. The Trust made this change to better support Kōhanga Reo to undertake risk assessments as part of the Safety Check (GMA7A).
Kōhanga Reo must undertake a Child Safety check for everyone seeking to work with tamariki. Paid workers who primarily work with tamariki such as Kaiawhina and Kaiako are considered Core-Children’s Workers. Volunteers and whānau awhi are Non-Core Children’s Workers.
Having a criminal conviction does not exclude a person from employment opportunities within Kōhanga Reo, however, prior to engaging paid and unpaid workers Kōhanga Reo must ensure individuals they wish to involve are Police Vetted. Police Vetting is a key component of the risk assessment Kōhanga Reo must undertake and ensure good records of the process are maintained. This Pre-engagement Convictions Declaration can be held on file as part of the risk assessment records.
It is important to note that applicants are not required to disclose all conviction history if it is covered by the Criminal Records (Clean Slate) Act 2004. However, core worker background checks will reveal a full criminal history and any other relevant information.
If you require assistance, you can email us on [email protected] or call us on 0800 KOHANGA (0800 564 2642) and press option 1.
Frequently asked Questions
Police vetting and a Child Safety Check is not the same thing. A police vet is one component of a child safety check.
Before a person is employed or engaged as a children’s worker, as defined in the Children’s Act 2014, a safety check as required by that Act must be completed.
These records must be kept by, or available to, the service provider as long as the person is employed or engaged.
Every children’s worker must be safety checked every three years. Safety checks may be carried out by the employer or another person or organisation acting on their behalf.
A written procedure for safety checking all children’s workers before employment or engagement of the worker commences that meets the safety checking requirements of the Children’s Act 2014.
Consistent robust safety checking helps assess whether people might pose a risk to children.
Note: Refer to the Ministry of Education's Safety Checking guidance: Safety checking - general guidance – Education in New Zealand
What are the Child Safety Check requirements?
A: A safety check is made up of 7 components:
Verification of identity (including previous identities)
An interview
Information about work history
Referee information
Information from any relevant professional organisation or registration body (The Trust)
A New Zealand police vet
A risk assessment.
The risk assessment involves an evaluation of all information collected to assess if there is any risk to the safety of tamariki. For example, is a driving offence relevant to the requirements of the role or going to pose a risk to tamariki? Would this information mean you should or shouldn’t employ or engage the person? You must take into account the guidance we have provided in your risk assessment.
The publication Safer recruitment, safer children [PDF; 3.13MB] provides best practice guidance and Children’s worker safety checking under the Vulnerable Children Act 2014[PDF, 1.2 MB] provides advice for organisations interpreting and applying the safety checking regulations.
A safety check of a new children’s worker requires all 7 components to be completed.
Full guidance on the requirements of Child Safety Checks and the licensing criteria [GMA7A] can be found here: GMA7A Safety Checking – Education in New Zealand
A children's worker is a person who works in an early learning service (Kōhanga Reo) and their work may or does involve regular or overnight contact with children, and takes place without a parent/guardian of each child being present.
A core children's worker is a person whose work requires or allows them to be the only children's worker present or is the worker who has primary responsibility for or authority over a child or children. "Primary responsibility" means the person is accountable, or there is a duty of obligation or care².
Sources:
(1) Safety checking - general guidance – Education in New Zealand. https://www.education.govt.nz/early-childhood/licensing-and-regulations/safety-checking-general-guidance/.
(2) Child labour - Wikipedia. https://en.wikipedia.org/wiki/Child_labour.
(3) Children’s Act 2014 - New Zealand Legislation. https://www.legislation.govt.nz/act/public/2014/0040/latest/DLM5501674.html.
(4) Children’s worker safety checking and child protection policies. https://www.tewhatuora.govt.nz/whats-happening/what-to-expect/for-the-health-workforce/health-workforce/childrens-worker-safety-checking-and-child-protection-policies/.
(5) Definitions in Vulnerable Children Act 2014 - Ministry of Education. https://www.education.govt.nz/assets/Uploads/VCA-Definitions-H.PDF.
Non-Core Worker
A non-core children's worker is a children's worker who is not a core worker. For a detailed definition, please see Section 23 of the Children’s Act 2014³¹.
Source:
(1) Children’s Act 2014 - New Zealand Legislation. https://www.legislation.govt.nz/act/public/2014/0040/latest/DLM5501674.html.
(2) Children’s Worker Safety Checks - ACC. https://www.acc.co.nz/assets/provider/childrens-worker-safety-check-faqs.pdf.
(3) Safety checking | Oranga Tamariki — Ministry for Children. https://www.orangatamariki.govt.nz/working-with-children/childrens-act-requirements/safety-checking/.
(4) Children’s worker safety checking and child protection policies. www.tewhatuora.govt.nz/whats-happening/what-to-expect/for-the-health-workforce/health-workforce/childrens-worker-safety-checking-and-child-protection-policies/.
Q: What is a police vetting?
A: Police vetting is a process of checking an individual's criminal history, including any prior convictions or charges, to determine their suitability to work with tamariki. Police vetting for Kōhanga Reo is conducted by the New Zealand Police in conjunction with Te Kōhanga Reo National Trust as the approved agency by Police.
Police Vetting is one part of the Child Safety Checks process (GMA7A) required for all children’s workers in Kōhanga Reo and other early learning services.
Q: What is the purpose of police vetting in Kōhanga Reo?
A: The purpose of police vetting is to help ensure the safety and wellbeing of tamariki attending Kōhanga Reo. It helps to identify any individuals who may pose a risk to tamariki and prevents them from working or volunteering with tamariki.
Q: Who can carry out police vetting for Kōhanga Reo?
A: Police vetting can only be carried out by the New Zealand Police through an agency approved by the New Zealand Police. Te Kōhanga Reo National Trust is the approved agency for Kōhanga Reo.
Q: How often do kaimahi and whānau awhi need to be police vetted?
A: Kaimahi and whānau awhi must be police vetted at least once every three years. If there is a change in circumstances and a kaimahi or volunteer is facing charges or is convicted of a crime the person should disclose this to the whānau and complete a new Police Vetting consent (www.kohanga.ac.nz/policevetting) to a new risk analysis to be completed.
Q: Do overseas police checks need to be completed for kaimahi and volunteers in Kōhanga Reo?
A: Yes, if the kaimahi or volunteer has lived overseas for more than six months within the last 10 years, an overseas police check must also be completed in addition to the New Zealand police check.
Q: What happens if a police vetting check shows a criminal record?
A: Having a criminal record does not automatically disqualify someone from working or volunteering in Kōhanga Reo. The individual's circumstances will be assessed to determine whether they pose a risk to tamariki. If there is a concern, the Trust may refer the matter to whānau to make a decision, or decide the risk factors are too high and the kaimahi or whānau awhi will not be cleared to work in the Kōhanga Reo.
Q: What happens if a police vet check reveals the person has been convicted of a specified offence under Schedule 2 of the Children's Act?
A: If a police vet check reveals that an individual has been convicted of a specified offence under schedule 2 of the Children's Act, the person cannot work with tamariki unless they obtain an exemption from Oranga Tamariki.
The specified offences listed in schedule 2 of the Children's Act are offences that involve sexual or violent behaviour towards children or vulnerable individuals, such as physical abuse, sexual exploitation, or neglect.
You can read more about the exemption process here: https://www.orangatamariki.govt.nz/assets/Uploads/Working-with-children/Childrens-act-requirements/Core-Worker-Exemption-process-flow-chart.pdf
Q: What are the consequences for Kōhanga Reo that do not carry out police vetting?
A: Failure to carry out police vetting may result in the Kōhanga Reo being non-compliant with licensing requirements. This could result in penalties or the suspension or cancellation of the service's licence to operate, and a fine of up to $50,000 for every breach of the requirements.
Q: Why doesn’t the Trust provide a copy of the conviction history for whānau to make a decision?
A: As the agency approved by New Zealand Police to support Police Vetting on behalf of Kōhanga Reo the Trust is required maintain the strictest confidentiality about the information released.
Where a conviction is deemed low risk for the role, the Trust will clear the kaimahi or whānau awhi to work in Kōhanga Reo. Where the risk is deemed to be medium for the role, the Trust will provide a copy of the conviction history to the applicant and will encourage them to share the information with whānau in good faith. The Tiamana will be advised that results have been released and that they should speak with the applicant. Whānau must meet and decide whether to allow the applicant to work in the Kōhanga Reo. The whānau decision will be recorded in the Trust system.
Who can transfer their police vetting between Kōhanga Reo?
Any person who is cleared by the Trust without conditions can apply to have their police vetting transferred between Kōhanga Reo?
How do I transfer my police vet to another Kōhanga Reo?
Send an email to [email protected] with TRANSFER REQUEST as the subject. Include within the email your:
- Full legal name
- Former Kōhanga Reo
- New Kōhanga Reo
Please include in the email the kaiwhakarite and / or chairperson of your new Kōhanga Reo.
When does the Trust clear a person with conditions?
Using the Police Vetting Clearance Criteria the Trust may decide to refer the matter to whānau to make a decision as to suitability for employment. In these circumstances the risk assessment undertaken by whānau is specifc to that Kōhanga Reo and therefore is not eligible to be transferred.
Workers under 17 years can be police vetted, but if the Kōhanga Reo choose to engage them as a core worker the young person does not contribute to adult to mokopuna ratio.
Further detail:
According to the ECE Regulations, Kōhanga Reo must always have a certain number of adults for the number of tamariki attending. This is called the adult-to-child ratio. The ratio depends on the licence type, the age of the tamariki and the number of tamariki under 2 years old. Schedule 2 of the Education (Early Childhood Services) Regulations requires a person to be 17 years or older to count as an adult.
According to the Education and Training Act 2020, police vetting procedures must be undertaken for adults who have unsupervised access to tamariki in Kōhanga Reo¹. Everyone working in Kōhanga Reo must be police vetted. Under Schedule 4, clauses 2 - 4 of the Education and Training Act 2020, a police vet must also be obtained for anyone else appointed to work during normal opening hours who may, or is likely to have, unsupervised access to children¹.
Source:
(1) Police vetting for early learning services - Education in New Zealand. https://www.education.govt.nz/early-childhood/licensing-and-regulations/police-vetting-for-early-learning-services/.
(2) Have your say about proposed changes to vetting requirements for .... https://assets.education.govt.nz/public/Documents/Consultations/Vetting-requirements.pdf.
(3) Safety checking - general guidance – Education in New Zealand. https://www.education.govt.nz/early-childhood/licensing-and-regulations/safety-checking-general-guidance/.
According to the Education and Training Act 2020, police vetting procedures must be undertaken for adults who have unsupervised access to tamariki in Kōhanga Reo¹. Everyone working in Kōhanga Reo must be police vetted. Under Schedule 4, clauses 2 - 4 of the Education and Training Act 2020, a police vet must also be obtained for anyone else appointed to work during normal opening hours who may, or is likely to have, unsupervised access to children¹.
Source:
(1) Police vetting for early learning services - Education in New Zealand. https://www.education.govt.nz/early-childhood/licensing-and-regulations/police-vetting-for-early-learning-services/.
(2) Have your say about proposed changes to vetting requirements for .... https://assets.education.govt.nz/public/Documents/Consultations/Vetting-requirements.pdf.
(3) Safety checking - general guidance – Education in New Zealand. https://www.education.govt.nz/early-childhood/licensing-and-regulations/safety-checking-general-guidance/.
