NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Auckland preschool fined $254,000 for misleading parents about childcare subsidies

Simon Collins
By Simon Collins
Reporter·NZ Herald·
8 Jun, 2017 01:24 AM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Kowhai Montessori Preschool Ltd overcharged parents by $221,632 between October 2013 and October 2014. Photo / File

Kowhai Montessori Preschool Ltd overcharged parents by $221,632 between October 2013 and October 2014. Photo / File

An Auckland Montessori preschool has been fined $254,000 and ordered to pay reparations to parents who were overcharged by false and misleading invoices.

Judge June Jelas found in the Waitakere District Court today that Kowhai Montessori Preschool Ltd overcharged parents by $221,632 between October 2013 and October 2014 by misrepresenting Government subsidy rates on its invoices.

A preschool is still operating at the site of the offending, 16 Sudeley St in Orakei, but the business has changed hands and is now trading as Orakei Montessori Preschool.

The prosecution was brought by the Commerce Commission under the Fair Trading Act in a case which the judge said had no legal precedent to guide her in sentencing.

The company pleaded guilty to making false and misleading representations as to the price of its services and as to the existence of the parents' right to the full Government subsidies.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Judge Jelas found that the company committed "a significant breach of trust" by knowingly misrepresenting the subsidies it was receiving for its pupils, and that it took no steps to correct its errors after a parent discovered them.

"Rather, that parent was reprimanded and chastised for her actions," the judge said.

That parent, Jodi Libbey, told the Court in a victim impact statement that her relationship with the centre manager and Kowhai Montessori director Rebecca Brindle deteriorated to the point that she had to withdraw her son Ashton.

Advertisement
Advertise with NZME.

"It was very upsetting for Ashton to have to move from the only childcare centre he had been in, where he had numerous friends, to go to another centre where he knew no one," she said.

"There was nothing we could say that would help him to understand why he had to move.

"The whole period from when I sent the initial email [querying the subsidy rates] 22 September 2014 until November 2014, when we withdrew Ashton, was a very stressful time for me, as being the Erin Brockovich or whistleblower of the situation was not easy.

"Nor was it well received by fellow parents or the teachers at Kowhai Montessori, as they felt that I was threatening the centre itself. I was very stressed each time I dropped Ashton off and picked him up."

Discover more

Banking and finance

Debt sheriff watches what we owe

09 Jun 06:00 PM
Lifestyle

Daycare: Poor nutrition, too many treats

14 Jun 02:00 PM

The company signed an agreed statement of facts stating that between May 2013 and July 2014 it claimed on its invoices that it received a Government subsidy of $4.70 an hour for each child, and charged parents a top-up of $7 an hour to make up to a full hourly rate of $11.70.

In fact, the Ministry of Education was paying the company $10.32 an hour for the first 20 hours a week for each child aged 3 to 5 under its "20 hours Early Childhood Education (ECE)" policy, and $5.73 for every extra hour up to 30 hours.

The subsidies increased to $11.33 and $6.64 in February 2014, when the centre became entitled to a higher funding rate because 80 per cent of its teachers had become qualified.

They increased again to $11.43 and $6.70 from July 2014 due to Budget changes.

Meanwhile the company wrote to parents in May 2014 saying the parental top-up would rise to $9 an hour from July to bring its total fees to $13.70 an hour, stating that the "20 hours ECE contribution" was still $4.70 an hour.

Libbey emailed Brindle in September asking for details of the subsidy rates. Brindle did not respond to the email, but announced two weeks later that the parental contribution would be cut back to $8 an hour from January 2015 because of an increase in the subsidy which was now said to be rising to $5.70 an hour.

Advertisement
Advertise with NZME.

Judge Jelas found that the company's letters to parents and its invoices were misleading and false by stating incorrect subsidy rates for the first 20 hours and failing to disclose that the company also received a subsidy for the next 10 hours a week for each child.

"The false statements had the effect of undermining the purpose of the ECE subsidy, which was introduced to make ECE more affordable and to encourage increased access to ECE," she said.

She ordered the company to pay a fine of $254,099.10 and to make reparation totalling $11,400.90 to four families who provided invoices showing how much they had been overcharged.

This included only $500 for Libbey because a Disputes Tribunal had already ordered the company to pay her $5311.85. That order was made on August 9 last year but the company has not yet paid her anything.

Brindle has now signed a personal court enforceable undertaking to pay any part of the fine that Kowhai fails to pay.

Ministry of Education deputy secretary Katrina Casey said a parent complained about fees at Kowhai Montessori in October 2014.

Advertisement
Advertise with NZME.

"We followed up with a site visit that same month and agreed the actions required - amending some policies and procedures and parent information, and then communicating with parents about the changes," she said.

"We worked with the service to improve its governance and financial management until its sale to new owners in December 2015."

She said the ministry would remind all early learning services that they needed to provide accurate information to parents on how fees were calculated.

Save

    Share this article

Latest from Business

Premium
Opinion

Bridget Snelling: How financial education can transform NZ's small-business landscape

20 Jun 03:00 AM
Premium
Media InsiderUpdated

Court writer: Polkinghorne pitches his own book; TVNZ v Sky in Olympics showdown

20 Jun 01:00 AM
Premium
Property

'Māori are long-term investors' - learning from success and failure working with iwi

20 Jun 12:00 AM

Audi offers a sporty spin on city driving with the A3 Sportback and S3 Sportback

sponsored
Advertisement
Advertise with NZME.

Latest from Business

Premium
Bridget Snelling: How financial education can transform NZ's small-business landscape

Bridget Snelling: How financial education can transform NZ's small-business landscape

20 Jun 03:00 AM

OPINION: Improving financial literacy is vital for New Zealand's small businesses to grow.

Premium
Court writer: Polkinghorne pitches his own book; TVNZ v Sky in Olympics showdown

Court writer: Polkinghorne pitches his own book; TVNZ v Sky in Olympics showdown

20 Jun 01:00 AM
Premium
'Māori are long-term investors' - learning from success and failure working with iwi

'Māori are long-term investors' - learning from success and failure working with iwi

20 Jun 12:00 AM
Premium
50 years on the ice: How an Olympic gold medal kickstarted a couple's business

50 years on the ice: How an Olympic gold medal kickstarted a couple's business

19 Jun 11:00 PM
Gold demand soars amid global turmoil
sponsored

Gold demand soars amid global turmoil

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP