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The guidance follows recommendations from the former Chief Ombudsman, who found inconsistencies across the sector in how legal requirements for secure care placements are understood, applied, and documented. In some cases, people were placed in secure care without clear legal authority.
The guidance outlines the different legal processes that can authorise a person’s placement in secure care, such as activated enduring powers of attorney, welfare guardian orders, or personal court orders. It explains the requirements for documenting consent and maintaining up-to-date records. It also provides advice on what to do while legal orders are being processed.
We have also created a checklist that summarises the key requirements of the guidance. The checklist is intended to help providers confirm that each person in secure has the appropriate legal authority and that all necessary documentation is on file.
For use in Aged Residential Care (ARC) facilities and by Health New Zealand | Te Whatu Ora staff.
For use in Aged Residential Care (ARC) facilities and by Health New Zealand | Te Whatu Ora staff