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.
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