Public Records Act 2005

5 Variations to application of Act
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister,—

    • (a) declare that—

      • (i) a person or body owned or controlled, directly or indirectly, by the Crown, or 1 or more classes of such a person or body, is a public office for the purposes of this Act:

      • (ii) a record or class of records is a public record for the purposes of this Act:

    • (b) vary the requirement for compliance with the matters referred to in subsection (2) in relation to 1 or more—

      • (i) public offices, other than those referred to in subsection (3):

      • (ii) public records:

      • (iii) local authority records.

    (2) Subsection (1) permits compliance to be varied under this section in respect of—

    • (a) any provision of this Act, except section 17 (which requires public records and local authority records to be created and maintained) and section 18 (which prohibits the unauthorised disposal of public records and protected records):

    • (b) any regulations made under this Act:

    • (c) any standards.

    (3) Subsection (1)(b)(i) does not apply to the public offices referred to in paragraph (c)(i) and (v) to (x) of the definition of public office in section 4.

    (4) The Governor-General may, by Order in Council made on the recommendation of the Minister, amend or revoke an Order in Council made under subsection (1).

    (5) Before making a recommendation under subsection (1) or subsection (4), the Minister must—

    • (a) consult,—

      • (i) in the case of a recommendation made under subsection (1)(a)(i) or subsection (4), with the Minister of the Crown for the time being having responsibility for the person or body or class of person or body that is to be the subject of the recommendation; and

      • (ii) in the case of a recommendation made under subsection (1)(a)(ii) or subsection (4), with the person or class of persons who have possession of the record or class of records; and

      • (iii) in the case of a recommendation made under subsection (1)(b)(i) or (ii) or subsection (4), with the responsible Minister of the controlling public office affected; and

    • (b) in each case, have regard to advice received from the Archives Council.

    (6) Before making a recommendation in relation to local authority records under subsection (1)(b)(iii) or subsection (4), the Minister must—

    • (a) consult with the Minister of the Crown for the time being responsible for the administration of the Local Government Act 2002; and

    • (b) have regard to advice received from the Archives Council.

    (7) This Act continues to apply to a mixed ownership model company (within the meaning of section 45P of the Public Finance Act 1989) that was a public office immediately before becoming a mixed ownership model company, as if it were still a public office, but only in respect of its affairs before it ceased to be a public office (regardless of when the records of those affairs are created).

    Section 5(7): inserted, on 30 June 2012, by section 11 of the Public Finance (Mixed Ownership Model) Amendment Act 2012 (2012 No 45).