All service users under both these Acts have access to District Inspectors. District Inspectors are independent lawyers appointed to protect the rights of service users, investigate alleged breaches of these rights, address the concerns of family/whänau, and monitor service compliance with the Acts. District Inspectors have powers to conduct inquiries into suspected failings in a person’s treatment or management of services. They report their activities to the Director of Mental Health and the Director IDDCR. The Ministry of Health issues guideline on the activities of District Inspectors The most recent were published in 2012.77 Standards and Guidelines Standards for the use of seclusion and restraint are set out in the Health and Disability Services (Restraint Minimisation and Safe Practices) Standards 78(the Standards). The stated intent of the Standards is to reduce the use of restraint in all its forms and to encourage the use of least restrictive practices. The Standards also make it clear that restraint is not a treatment in itself, but is one of a number of strategies used by service providers to reduce or eliminate a clinical risk. Restraint should only be used in the context of ensuring, maintaining or enhancing the safety of the consumer, service providers or others.79 The Ministry of Health has also issued guidelines on “Seclusion under the Mental Health (Compulsory Assessment and Treatment) Act 1992” (the Guidelines). The Guidelines reflect the developing focus on strategies to reduce, and eventually eliminate, the use of seclusion in mental health settings. Prefacing the Guidelines, the Director General of Mental Health affirmed the role of seclusion as a last resort and the Ministry’s commitment to reducing seclusion: 80 “Seclusion may be legally implemented under the conditions set out in the Mental Health (Compulsory Assessment and Treatment) Act 1992, but only during situations in which other methods of clinical management cannot safely be used, or as a last resort when other interventions have been used without success. … Seclusion should be used for as short a time as possible. The decision to seclude should be an uncommon event, subject to strict review … These guidelines reflect an ongoing Ministry of Health commitment to promote a culture wherein, over time, seclusion usage by the mental health sector will gradually decrease. I endorse these guidelines.“ 77 http://www.health.govt.nz/publication/guidelines-role-and-function-district-inspectors 78 http://www.health.govt.nz/system/files/documents/pages/81342-2008-nzs-health-and-disability-servicesrestraint-minimisation.pdf 79 Ibid, page 5 80 Ministry of Health. 2010. Seclusion under the Mental Health (Compulsory Assessment and Treatment) Act 1992. Wellington: Ministry of Health. 83