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Inquiries Act 2013

Sanctions and miscellaneous matters - Miscellaneous matters - Official Information Act 1982 and Public Records Act 2005

33: Application of Public Records Act 2005

You could also call this:

"Following the Public Records Act 2005 rules when handling inquiry records"

Illustration for Inquiries Act 2013

When you are part of an inquiry, it is considered a public office under the Public Records Act 2005. You need to follow the rules of this act when handling records. The Chief Archivist has a role in managing these records.

After an inquiry finishes its report under section 12, the Chief Archivist must decide what to do with the inquiry's records. The Chief Archivist does this under section 20 of the Public Records Act 2005. Then the relevant department must get rid of the records according to the Chief Archivist's decision.

The Chief Archivist can also take control of things from an inquiry that are not public records. When deciding who can access these records, the department must consider any orders made by the inquiry under section 15(1). This is done as part of Part 3 of the Public Records Act 2005.

A public record is what the Public Records Act 2005 says it is. You can find this definition in section 4 of the act. This helps you understand what records are being talked about.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2555201.

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32: Application of Official Information Act 1982, or

"What happens to inquiry documents under the Official Information Act"

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"Asking the High Court to help with a law question during an inquiry"

Part 4Sanctions and miscellaneous matters
Miscellaneous matters: Official Information Act 1982 and Public Records Act 2005

33Application of Public Records Act 2005

  1. An inquiry is a public office for the purposes of the Public Records Act 2005.

  2. As soon as is reasonably practicable after an inquiry has reported under section 12,—

  3. the Chief Archivist must authorise the disposal of the public records of the inquiry under section 20 of the Public Records Act 2005; and
    1. the relevant department must dispose of the public records of that inquiry in accordance with the authority issued by the Chief Archivist.

      1. The Chief Archivist may accept the transfer of any things from an inquiry to the control of the Chief Archivist, even though that thing is not a public record.

      2. In determining, for the purposes of Part 3 of the Public Records Act 2005, the access status of the public records or any things transferred to the control of the Chief Archivist under this section, the relevant department must take into account any order made by the inquiry under section 15(1).

      3. In this section, public record has the meaning it is given in section 4 of the Public Records Act 2005.