Public Records Act 2005

44 Basis for determining access status

  • (1) In classifying the access status of a public record under section 43, the administrative head of the controlling public office must consider whether—

    • (a) there are good reasons to restrict public access to the public record, having regard to any relevant standard or advice issued by the Chief Archivist; or

    • (b) another enactment requires the public record to be withheld from public access.

    (2) If there are no good reasons to restrict public access under subsection (1)(a), or if no enactment requires a public record to be withheld from public access, the administrative head of the controlling public office must classify the record as an open access record.

    (3) If there are good reasons for restricting public access under subsection (1)(a), or if another enactment requires a public record to be withheld from public access, the administrative head of the controlling public office must, in consultation with the Chief Archivist,—

    • (a) determine whether it is necessary—

      • (i) to restrict public access to the public record for a specified period of time; or

      • (ii) to permit public access on conditions; and

    • (b) if paragraph (a)(ii) applies, determine the conditions appropriate for public access.

    (4) The administrative head of a controlling public office may at any time, in consultation with the Chief Archivist, vary or withdraw a condition imposed under subsection (3)(b).

    (5) A public record subject to a restriction under subsection (3)(a)(i) becomes an open access record on the withdrawal of the restriction.

    (6) The department and the Chief Archivist must comply with conditions of public access imposed under subsection (3)(b).

    (7) A restriction on public access to a public record must be noted in the public access register, in accordance with section 19(1)(d).

    (8) Every controlling public office is responsible for dealing with requests for official information under the Official Information Act 1982 and requests for personal information under the Privacy Act 1993.

    Section 44(6): amended, on 1 February 2011, by section 16 of the Public Records Amendment Act (No 2) 2010 (2010 No 133).