Public Records Act 2005

Deferral of transfer

22 Deferred transfer of public records

  • (1) The requirement to transfer public records under section 21(1) does not apply—

    • (a) to public records that are individual schedules provided to the Statistician under Part 3 of the Statistics Act 1975; or

    • (b) if the administrative head of the controlling public office and the Chief Archivist have agreed in writing that the transfer of the public records may be deferred for a specified period on any conditions that the administrative head and the Chief Archivist consider appropriate; or

    • (c) to public records that are in electronic form, if the Chief Archivist instructs the controlling public office in writing to continue to maintain and control those records after the expiry of the 25-year period; or

    • (d) if a responsible Minister, after consultation with the Minister, certifies that—

      • (i) 1 or more of the circumstances referred to in subsection (6) applies in respect of a public record; and

      • (ii) the transfer of the public record may be deferred for a specified period.

    (2) In subsection (1)(a), schedule has the meaning given to it in section 2 of the Statistics Act 1975.

    (3) In the case of public records referred to in subsection (1)(a), the records—

    • (a) must be transferred to the control of the Chief Archivist and the possession of Archives New Zealand after a period of 100 years from the day appointed by the Governor-General by Proclamation under section 23(2) of the Statistics Act 1975; and

    • (c) are not subject to Part 3.

    (4) An agreement entered into under subsection (1)(b) may be renewed for further specified periods by agreement between the administrative head of the controlling public office and the Chief Archivist.

    (5) An instruction issued under subsection (1)(c)—

    • (a) must identify the public records to which the instruction relates; and

    • (b) must direct the department to make payments to the controlling public office for the maintenance, preservation, and public use of any such public records at a rate agreed by the Chief Archivist and the controlling public office; and

    • (c) may contain conditions relating to the preservation and use of the public records concerned; and

    • (d) may specify a date for the transfer of the records to the control of the Chief Archivist.

    (6) Subsection (1)(d) applies only if a public record contains information the release of which would be likely to—

    • (a) prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or

    • (b) prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by—

      • (i) the government of another country or an agency of such a government; or

      • (ii) an international organisation; or

    • (c) prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

    • (d) endanger the safety of any person.

    (7) A deferral permitted under subsection (1)(d) may be renewed by the responsible Minister, after consultation with the Minister.

    (8) Every transfer deferred under this section must be noted in the register of deferred transfers, in accordance with section 19(1)(a).

    Section 22(5)(b): amended, on 1 February 2011, by section 13 of the Public Records Amendment Act (No 2) 2010 (2010 No 133).