Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Management of residents - Restraint

72: Restraint of residents

You could also call this:

"Stopping you from harming yourself or others when you live with others"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are a resident in a place where you live with others, the person in charge of where you live can stop you from doing something if it is necessary. This can happen if you might hurt yourself or others, damage property, affect the care of yourself or others, or try to escape when you are not allowed to. The person stopping you must only use as much force as needed and for as long as needed to keep you safe. They must also follow rules about stopping you, like not keeping you in mechanical restraint for more than 24 hours unless a doctor says it is okay, and they must write down what happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751197.


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Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Management of residents: Restraint

72Restraint of residents

  1. A residence manager may restrain a resident if that is necessary to prevent the resident from doing 1 or more of the following:

  2. endangering the health or safety of the resident or of others:
    1. seriously damaging property:
      1. seriously compromising the care and well-being of the resident or of other persons:
        1. escaping from lawful custody.
          1. The following provisions must be followed when a resident is restrained:

          2. a person exercising the power of restraint may not use a greater degree of force, and may not restrain the resident for longer, than is required to achieve the purpose for which the resident is restrained:
            1. no resident may be kept under mechanical restraint for more than 24 hours unless the restraint is approved in writing by a medical practitioner:
              1. a person exercising the power of restraint must comply with guidelines or instructions that are relevant to the restraint of the resident:
                1. in cases other than an emergency, the restraint of a resident must be authorised by the manager personally:
                  1. in an emergency, a resident may be restrained, without the prior authority of the manager, by a person who, under a delegation given by the resident's manager, has immediate responsibility for the resident, but that person must immediately bring the case to the attention of the manager:
                    1. the duration and circumstances of each episode of restraint must be recorded in a register kept in accordance with guidelines or instructions.
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