Public Records Act 2005

Disposal

20 Authority to dispose of public records
  • (1) The Chief Archivist may authorise in writing, in accordance with the purposes of this Act, the disposal of a public record (other than those referred to in subsection (3)) by—

    • (a) transferring control of the public record to another public office; or

    • (b) transferring control of the public record to the Chief Archivist; or

    • (c) altering or destroying the public record; or

    • (d) selling the public record; or

    • (e) discharging the public record.

    (2) Before authorising a disposal under subsection (1), the Chief Archivist must give not less than 30 days’ notice, in the manner the Chief Archivist considers appropriate, of—

    • (a) the intention to dispose of the public record, with a general description of the public record concerned; and

    • (b) the place where additional information may be obtained on the public record concerned and the person to whom any comments may be sent.

    (3) The Chief Archivist must not, without the Minister’s written authorisation, dispose of a public record created or received by the Chief Archivist in relation to his or her functions, duties, and powers under this Act (except if section 21 or section 23 applies).

    (4) The Minister may, on the advice of the Archives Council given on the recommendation of the Chief Archivist, authorise in writing the disposal of a public record referred to in subsection (3).

    Section 20(3): amended, on 1 February 2011, by section 12(1) of the Public Records Amendment Act (No 2) 2010 (2010 No 133).

    Section 20(4): amended, on 1 February 2011, by section 12(2) of the Public Records Amendment Act (No 2) 2010 (2010 No 133).