As an education or training provider, it’s essential that you have all your legal obligations sorted. Whether it be drafting the right contracts, choosing the best business structure or ensuring you’re compliant with the relevant laws for your industry, our legal team can assist you. Contact us today to learn more!
To set up an education or training business in New Zealand, you will need to prepare and register a variety of legal documents. Key requirements include:
- Registering your business name with the New Zealand Companies Office (https://companies-register.companiesoffice.govt.nz/).
- Obtaining Workers' compensation insurance and business insurance (e.g. public liability, professional indemnity).
- Securing Council approval (if operating from a commercial premise) and a lease agreement (if renting premises).
- Having Health and safety policies and procedures in place, in accordance with WorkSafe New Zealand (https://www.worksafe.govt.nz/).
- Complying with privacy and data protection policies and procedures, as outlined by the Privacy Commissioner (https://www.privacy.org.nz/).
- Registering with relevant industry bodies (e.g. vocational education and training providers, language schools) such as the New Zealand Qualifications Authority (NZQA) (https://www.nzqa.govt.nz/).
The qualifications you may need will depend on the type of education business or services you are providing. In addition, these requirements can differ depending on the region in which you are conducting business.
Generally speaking, however, if you are going to be working closely with young students and children, you'll need to obtain a Police Vet. In New Zealand, this is often referred to as a Police Check.
Furthermore, you need to consider IP laws that apply to you, especially if you'll be reproducing content for educational purposes. In these cases, it's wise to include copyright disclaimers in your content and T&Cs for students to sign when they engage with your business. For more information on IP laws in New Zealand, you can visit IPONZ.
If you're looking to become a teacher, you'll need to hold the relevant degree and other specific qualifications to teach in a certain area or at a certain level. For more information on becoming a teacher in New Zealand, visit the Teaching Council of Aotearoa New Zealand.
Like many other businesses, there are specific regulations that will apply to your education or training business. For instance, it's worth familiarising yourself with the New Zealand Consumer Guarantees Act which regulates the way you represent your services to clients and customers. This law protects the interests of customers in light of unfair business practices.
Furthermore, you also need to comply with your employer obligations, such as those under the Employment Relations Act. This includes ensuring your employees are paid correctly (for example, in accordance with their individual employment agreement or the relevant collective agreement) and maintaining a safe workplace in line with WorkSafe New Zealand's requirements.
