NZS 8134:2021 — Restraint Minimisation and Safe Practice

Restraint in NZ aged care — obligations and safe practice

The use of restraint in aged care is one of the most closely audited areas of HealthCERT compliance. NZ Standards require restraint to be used only as a last resort, with informed consent, and with comprehensive documentation.

📋 NZS 8134.3:2021 Restraint Minimisation and Safe Practice — HealthCERT standard

What counts as restraint?

Physical, chemical, and environmental restraint

Physical restraint is any manual or mechanical means that restricts a person's movement — including holding a person, bedrails raised on both sides, lap belts, and mittens.

Chemical restraint is the use of medication primarily to control behaviour or movement rather than for a therapeutic purpose.

Enablers are devices used with consent to assist independence — for example, a raised bedrail on one side to help the resident reposition themselves. Enablers are not restraint if they are used with the resident's informed consent and for their benefit.

Core principle: restraint minimisation

Restraint is always the last resort

The NZ Standards require facilities to actively minimise the use of restraint. Every resident has the right to freedom from restraint under the Health and Disability Commissioner's Code of Rights. Restraint may only be used when:

  • There is an imminent risk of harm to the resident or others
  • All less restrictive options have been considered and are insufficient
  • Informed consent has been obtained (from the resident or their representative)
  • The least restrictive type and duration is used
  • The decision is made or ratified by a registered health professional

Informed consent requirements

Must have consent before using restraint

Informed consent must be obtained from:

  • The resident themselves if they have capacity to consent, or
  • Their welfare guardian or person authorised under an Enduring Power of Attorney (EPA) for personal care, if the resident lacks capacity

In an emergency, restraint may be used without consent where there is immediate risk of serious harm — but consent must be sought as soon as practicable, and the incident must be documented and reviewed.

Documentation requirements

Comprehensive documentation is mandatory

  • Assessment identifying the risk and why restraint is required
  • Evidence that less restrictive alternatives were considered and are insufficient
  • Type of restraint to be used and duration
  • Informed consent obtained — from whom, when, and in what form
  • Name of the registered health professional who authorised the restraint
  • Monitoring record — how often checked, resident's condition during restraint
  • Review date and outcome of review

Monitoring during restraint

Frequent checks required

Any resident in restraint must be monitored at regular intervals as specified by the authorising clinician and your facility policy — typically at least every 15–30 minutes. Monitoring must check: the resident's physical comfort, skin integrity, circulation, breathing, hydration, and psychological state. All monitoring must be documented.

Review and discontinuation

Regular review is mandatory

Every restraint must be reviewed regularly to determine whether it is still necessary and whether less restrictive options have become appropriate. The care plan and restraint documentation must be updated at each review. The goal is always to reduce and eventually eliminate the need for restraint.

Source: NZS 8134.3:2021 Restraint Minimisation and Safe Practice; Health and Disability Commissioner Code of Rights. HealthCERT: health.govt.nz. This is general guidance — your facility's restraint policy and the authorising clinician's instructions take precedence.

Frequently asked questions

Are raised bedrails restraint?
It depends on how they are used. Raised on both sides without consent = restraint. Raised on one side with the resident's consent to help them reposition = enabler (not restraint). Your facility policy should define this clearly, and the use must be documented and reviewed.
Can an HCA apply restraint?
In an emergency to prevent immediate serious harm, any staff member can take action to keep a person safe. However, ongoing restraint must be authorised by a registered health professional and cannot be delegated to HCAs as a routine matter. Facilities must have clear procedures for emergency situations.
What are the consequences of using restraint without consent?
Using restraint without informed consent breaches the Code of Rights and the NZ Standards. It can result in a complaint to the Health and Disability Commissioner, findings against the facility and individual staff in a HealthCERT audit, and potential civil or criminal liability.
Does chemical restraint require the same process as physical restraint?
Yes. Medication used primarily to control behaviour or movement is chemical restraint and requires the same assessment, consent, documentation, and review process as physical restraint. Using sedating medication for this purpose without consent is a serious breach.

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