Executive Summary This report is a short follow-up of a 2017 review of seclusion and restraint practices in New Zealand (Thinking Outside the Box?: A review of seclusion and restraint practices in New Zealand), undertaken by Dr Sharon Shalev of the Centre for Criminology at the University of Oxford, at the invitation of the New Zealand Human Rights Commission. There have been some positive developments since 2017, including a national effort to reduce the use of seclusion and restraint in health and disability facilities; an end to the use of ‘tie down’ beds in prisons and; a greater commitment to Mäori culture and values in the care of children and young people by Oranga Tamariki. The overall picture, however, is disappointing. In the three years since the review many of the issues highlighted in the 2017 report have not been addressed. • Seclusion continues to be used too often, for too long, and not always with clear justification. That is the case with all agencies, and applies to children too: in one facility, for example, children were held in a Secure Room for over a week on 22 occasions in the six-month period examined. • The use of seclusion remains disproportionately high with Mäori and Pacific Peoples across the board. In women’s prisons, for example, Mäori women made up 78% of all stays in the most restrictive form of segregation (‘Management units’) in 2019. • The data on the use of force and restraint also provides a cause for concern across settings. In health & disability facilities, for example, over a period of 6 months restraints were used 358 times, with 114 of these uses involving prone restraints, including several very lengthy holds – 1463 minutes in one case, 290, 125 and 100 minutes in others. 8

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