Public Records Act 2005

Prescribed records

38 Prescribed records
  • (1) The Minister may, for the purposes of this Act, by notice in the Gazette made on the recommendation of the Chief Archivist, declare that a record is a prescribed record, or 1 or more classes of records are prescribed records.

    (2) Subsection (1) does not apply if the record is—

    • (a) a public record under the control of the controlling public office; or

    • (b) a public archive under the control of the Chief Archivist; or

    • (c) a local authority record, or a local authority archive, under the control of the controlling local authority.

    (3) A notice must describe the record or class of records to which the notice applies.

    (4) A person who possesses a prescribed record—

    • (a) may transfer the prescribed record to the possession of Archives New Zealand, an approved repository, a public office, or a local authority as directed by the Chief Archivist:

    • (b) must not transfer the prescribed record to any other person unless that person—

      • (i) has first given the Chief Archivist the opportunity to purchase the prescribed record on behalf of the Crown; and

      • (ii) before transferring the prescribed record to another person, has informed that other person that the record is a prescribed record.

    (5) The Chief Archivist must note the status of a prescribed record in the register of prescribed records, in accordance with section 19(1)(c).

    (6) The Chief Archivist must—

    • (a) give written notice to the holder of a prescribed record if the status of the record as a prescribed record is revoked; and

    • (b) record the change of status in the register of prescribed records.