Public Records Act 2005

53 Effect of appeal
  • (1) Subsections (2) and (3) apply—

    • (a) between the time when the Chief Archivist makes a decision that is subject to a right of appeal and the expiry of the time for lodging an appeal; or

    • (b) if an appeal is lodged, between the time when the decision is made and the time when the appeal is determined by the Minister and notified under section 56(3) to the Chief Archivist and the administrative head of the controlling public office or of the local authority, as the case may be.

    (2) During the period of time referred to in subsection (1)(a) or (b), as the case may be,—

    • (a) the Chief Archivist must not issue an instruction or take further action in respect of the matter to which the appeal relates:

    • (b) in the case of an appeal under section 51(1)(a), the public office is not required to transfer the public record concerned:

    • (c) in the case of an appeal under section 51(1)(b), the public office must continue to maintain and control its electronic records:

    • (d) in the case of an appeal under section 51(1)(c), the public office must continue to comply with the standard or instruction from which an exemption has been requested.

    (3) If a local authority appeals under section 51(2),—

    • (a) the Chief Archivist must not issue an instruction or take further action in respect of the matter to which the appeal relates; and

    • (b) the local authority must continue to comply with the standard or instruction from which an exemption has been requested.