Corporal punishment and torture, cruelty, and inhuman, humiliating or degrading discipline and treatment are prohibited. The Children, Young Persons and Their Families (Residential Care) Regulations 1996 prohibits any member of staff of a residence from using physical force in dealing with a child or young person unless that member of staff has reasonable grounds for believing that the use of physical force is reasonably necessary in self-defence or defence of someone else, to protect the child, to prevent the child damaging property, prevent the child leaving, to secure the child in secure care, or for carrying out a search. The staff member must use no more force than is reasonably necessary in the circumstances, and only applied for as long as necessary to prevent an individual harming themselves or others. A staff member at the residence must review daily whether a child should be kept in secure care. At this review the child is entitled to be present. A child or youth cannot be confined to their room between 8am and 8pm unless it is necessary because of illness, injury, extreme emotional disturbance, or in case of emergency. A child can be confined in their room between 5pm and 8pm to enforce a sanction under a specific behaviour management programme. Police cells New Zealand Police are provided with specific powers to use force under various enactments. These include powers under the Search and Surveillance Act 2012, the Policing Act 2008, the Mental Health (Compulsory Assessment and Treatment) Act 1992, the Misuse of Drugs Act and many others.84 Each piece of legislation sets out the extent of the powers that the Police have and the circumstances in which they may be exercised. In addition, the Crimes Act 1961 contains more general legal provisions that permit the police to use force in certain circumstances. For example, section 39 of the Crimes Act covers the degree of force that may be used when executing any sentence, warrant or process or making an arrest. Section 40 covers the force that may be used when preventing an escape from lawful custody. Sections 41 and 48 of the Act are very wide and apply to “everyone” including (but not limited to) police officers. Section 41 of the Act stipulates that everyone is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he or she believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence. Section 48 of the Act states that “everyone is justified in using, in the defence of himself 84 A full list of enactments authorizing use of force are included in the Police Manual. 85

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