Public Records Act 2005

Parliamentary records, Ministers’ papers, private records, and other records

42 Chief Archivist may accept parliamentary records, Ministers’ papers, and private and other records
  • (1) The Chief Archivist may accept for deposit in Archives New Zealand—

    • (a) parliamentary records:

    • (b) Ministers’ papers:

    • (c) private records that complement the public archives and that—

      • (i) record significant historical events; or

      • (ii) relate to an existing or former public office or organisation connected with government in New Zealand; or

      • (iii) relate to persons who are or have been significant in any aspect of New Zealand history, politics, or culture:

    • (d) records referred to in section 3(a) to (d) of the Archives Act 1957 that were made or received by a government office before the commencement of this Act.

    (2) Parliamentary records deposited under subsection (1)(a) may be subject to conditions agreed to in writing between the Chief Archivist and the Clerk of the House.

    (3) Papers and records deposited under subsection (1)(b) or (c)—

    • (a) remain under the care of the Chief Archivist; and

    • (b) unless the Minister or the person depositing the papers or records otherwise agrees in writing, remain in the ownership and control of the Minister or that person; and

    • (c) may be subject to conditions agreed to in writing by the Minister or the person depositing the papers or records and the Chief Archivist, including conditions relating to—

      • (i) public access to the papers or records:

      • (ii) custody and control of the papers or records:

      • (iii) publication, acknowledgement, and copying of the papers or records:

      • (iv) future ownership of the papers or records.

    (4) Papers and records referred to in subsection (1) are not subject to the Official Information Act 1982 just because they are deposited in Archives New Zealand.

    (5) Records deposited under subsection (1)(d) remain—

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

    • (b) subject to the Archives Act 1957 as if that Act continued to apply to them.

    (6) The Crown and its agents, including the Chief Archivist, must comply with any conditions to which the deposit of papers or records referred to in subsection (1) is subject.