✨ Education Guidelines
NEW ZEALAND GAZETTE, No. 89 — 1 SEPTEMBER 2017
teaching position at a school. This includes a person with a Limited Authority to Teach, and a relief teacher employed by the employer (eg board of trustees, sponsor or manager). All teachers are automatically authorised to act under the legislation.
Authorised staff members are employees of a school authorised by their employer.
When can physical restraint be used in schools?
The Act limits the use of physical restraint by teachers or authorised staff members in schools to situations where:
- the teacher or staff member reasonably believes that the safety of the student or of any other person is at serious and imminent risk; and
- the restraint used is reasonable and proportionate in the circumstances.
How does the legal framework for physical restraint work?
Physical restraint is now regulated via a combination of the Act, the rules and statutory guidelines. It is a legal requirement for schools to:
- comply with the Act and rules.
- have regard to the guidelines.
The legislation and rules set out what schools must do. The guidelines outline good practice in using physical restraint, and monitoring and reporting on the use of physical restraint.
By following the Act, the rules and the guidelines when using physical restraint, a teacher or authorised staff member will minimise their risk of injuring a student or being hurt themselves, and mitigate their risk of legal liability.
What does the legislation say?
Section 139AC limits the use of physical restraint in schools.
When does the legislation come into effect?
The legislation applies from 19 May 2017.
Seclusion
The Act bans the use of seclusion in schools and early childhood services including ngā kōhanga reo.
More information about seclusion can be found on the Ministry of Education website: education.govt.nz/school/managing-and-supporting-students/student-behaviour-help-and-guidance/seclusion.
Responsibilities of Boards of Trustees, Sponsors of Partnership Schools Kura Hourua, Managers of Private Schools
Authorising Staff Members
Boards, sponsors of partnership schools kura hourua and managers of private schools must follow the procedure for authorising staff members, who are not employed as teachers, to use restraint in accordance with Rule 5 of the rules.
Administration
Boards, sponsors and managers should ensure that:
- school practices are clear, follow the rules, are well-documented, explained to students in an age-appropriate way, and available to all.
- teachers and authorised staff who are designated to physically restrain students are suitably supported and trained for this task.
- systems are in place to support the smooth running of the school. These include keeping written records and following requirements to notify, monitor and report on the use of physical restraint.
School policies on physical restraint
Each school should:
- develop policies on physical restraint that follow these guidelines and make these policies available for all students, parents and caregivers.
- provide a clear complaints process for students, parents and caregivers.
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NZ Gazette 2017, No 89
✨ LLM interpretation of page content
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Guidelines for Registered Schools in New Zealand on the Use of Physical Restraint
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🎓 Education, Culture & SciencePhysical Restraint, Guidelines, Registered Schools, Student Safety, Staff Wellbeing, Teachers, Authorised Staff, Legal Framework, Seclusion Ban, Board Responsibilities