Is Homeschooling Legal in New Zealand? The Education and Training Act 2020 Explained

Yes. Homeschooling is fully legal in New Zealand. It always has been. But the short answer does not tell you the part that catches families off guard: the legal mechanism is specific, the Act that governs it changed in 2020, and a significant amount of advice circulating online still references repealed law.

Here is what the current legislation actually says, what it requires of you, and what it explicitly does not allow schools or the Ministry to demand.

The Governing Legislation

Home education in New Zealand is governed by the Education and Training Act 2020 (ETA 2020). This Act replaced the Education Act 1989, which was the law most older guides and community forum posts still reference. If you are reading anything that cites "Section 21 of the Education Act" — that section no longer exists. The law was consolidated and renumbered.

Under the ETA 2020, the relevant provisions for home educating families are:

• Sections 35 and 36 — establish compulsory enrolment for children aged 6 to 16
• Section 38 — the Certificate of Exemption, which is the legal mechanism that allows your child to be educated at home rather than enrolled in a registered school
• Section 37 — the Specialist Education Agreement, a separate pathway for children with complex learning needs

The key point: compulsory enrolment is the rule. Section 38 exemption is the lawful exception. Once you hold an exemption, your child is legally educated at home for all purposes under the Act. There is no grey area, no probationary period, no ongoing review requirement for most families.

What the Exemption Requires

The legal standard for the exemption is set out in Section 38. The Secretary for Education (in practice, the Ministry of Education) must be satisfied that the child will be "taught at least as regularly and as well as in a registered school."

That is the entire legal threshold. The Act does not specify:

• A required curriculum or subject list
• Minimum daily or weekly hours
• A particular teaching methodology
• Alignment with NCEA or any national framework
• Certification or teaching qualifications for the parent

The Ministry assesses the exemption application against this standard. In practice, you submit an educational plan outlining what you intend to teach, how, and at what pace. The MOE is pedagogically agnostic — Charlotte Mason, classical, unschooling, eclectic, structured — all are acceptable provided the plan demonstrates adequate regularity and breadth.

What "Compulsory School Age" Actually Means

Sections 35 and 36 require that children between the ages of 6 and 16 be enrolled at a registered school. This is often summarised as "compulsory school age is 6 to 16" — which is accurate. The practical implications:

• A child under 6 has no legal compulsion to attend school or hold an exemption. Many families start early voluntarily.
• Once a child turns 6, compulsory enrolment applies unless a Section 38 exemption is in place.
• The exemption remains valid until the child turns 16, or until you choose to re-enrol them in a registered school — whichever comes first.
• After age 16, there is no compulsory attendance requirement under the Act, so no exemption is needed.

If your child is currently enrolled and you want to withdraw, you do not simply stop sending them. You apply for the exemption first, and your child remains legally enrolled — and must attend — during the 4 to 6 week processing period. Withdrawing before the exemption is granted puts you outside the law.

The Role of the Ministry of Education

The MOE processes exemption applications through regional offices. Decision-making is delegated from the Secretary for Education to Ministry staff. In most cases, applications are approved without issue — the Ministry does not reject reasonable plans from motivated parents.

What the Ministry does not do under the ETA 2020:

• Require you to justify why you want to homeschool
• Mandate a curriculum aligned to national standards
• Conduct routine inspections of home education programmes
• Set a timeline on which your child must re-enrol

What the Ministry can do: decline an application it finds insufficient, or revoke an exemption in rare circumstances where it has concerns about a child's education. In practice, revocations are uncommon and usually follow prolonged non-engagement rather than disagreements about curriculum approach.

What Schools Cannot Do

This is where a significant amount of parent anxiety is misdirected. Once you have submitted your exemption application — and especially once it has been granted — your child's current school has no legal authority over your decision.

Schools cannot:

• Delay processing your withdrawal or make it conditional on meetings
• Require you to explain or justify your reasons for home educating
• Subject your child to exit interviews or assessments
• Refuse to release academic records
• Threaten truancy action against a family that has applied for or holds a valid exemption

School staff sometimes push back anyway — out of genuine concern, policy misunderstanding, or institutional habit. None of it reflects the law. The legal relationship with the school ends when the exemption is granted and you formally withdraw.

The Truancy Question

Operating without an exemption — that is, not sending your child to school and not holding a Section 38 exemption — is a breach of the compulsory enrolment provisions of the ETA 2020. It is the equivalent of truancy under the Act. Truancy officers can investigate, and in persistent cases, complaints can escalate to Oranga Tamariki.

This is why the exemption process matters, and why the waiting period creates anxiety for families. During those 4 to 6 weeks between application and decision, your child must remain enrolled and attending. Once the exemption is granted, that obligation ends.

Old References and the 1989 Act

The Education Act 1989 was the governing legislation for decades. It was replaced in full by the ETA 2020. The old Act's section numbers — particularly Section 21, which covered exemptions under the prior regime — no longer exist. The ETA 2020 renumbered and consolidated everything.

This matters because a lot of community advice, old blog posts, and even some school communications still quote the 1989 Act. If someone references Section 21 or uses the old exemption forms, they are working from outdated information. The current application process, section numbers, and legal standard all come from the ETA 2020.

The Short Version

Homeschooling in New Zealand is legal, clearly defined, and well-established. The Education and Training Act 2020 sets the framework: children aged 6 to 16 must be in school or hold a Section 38 exemption. Parents who apply are assessed against a single standard — regular and adequate education — and the Ministry does not prescribe how you meet it.

The legal complexity is not in whether you can homeschool. It is in navigating the withdrawal process correctly, understanding your rights when the school pushes back, and knowing what happens during the waiting period.

If you want the full step-by-step withdrawal process — including the exact documents, how to respond to school resistance, and what to do if processing takes longer than expected — the New Zealand Legal Withdrawal Blueprint covers the complete process for families withdrawing from both public and private schools.

See more New Zealand homeschool guides →