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Public Records Act 2005

Purpose, other preliminary provisions, and key administrative provisions - Purpose and other preliminary provisions

5: Variations to application of Act

You could also call this:

"The Governor-General can make changes to how the Public Records Act applies to some people or groups."

Illustration for Public Records Act 2005

The Governor-General can make changes to how this Act applies. You need to know that the Governor-General makes these changes by Order in Council. The Minister recommends these changes. The Governor-General can say a person or group is a public office. This means they must follow the rules in this Act. The Governor-General can also say a record is a public record. The Minister must talk to certain people before making a recommendation. This includes the Minister responsible for the person or group. The Minister must also consider advice from the Archives Council. There are some exceptions to these rules. For example, some public offices do not have to follow all the rules. You can find more information about these exceptions in section 4 and the Local Government Act 2002. The Governor-General can change or cancel an Order in Council. The Minister must follow the same process as before. You can find more information about Orders in Council in Part 3 of the Legislation Act 2019. Some companies are still covered by this Act. This is even if they are no longer a public office. The Act still applies to their old records.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345711.

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Part 1Purpose, other preliminary provisions, and key administrative provisions
Purpose and other preliminary provisions

5Variations to application of Act

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister,—

  2. declare that—
    1. a person or body owned or controlled, directly or indirectly, by the Crown, or 1 or more classes of such a person or body, is a public office for the purposes of this Act:
      1. a record or class of records is a public record for the purposes of this Act:
      2. vary the requirement for compliance with the matters referred to in subsection (2) in relation to 1 or more—
        1. public offices, other than those referred to in subsection (3):
          1. public records:
            1. local authority records.

            2. Subsection (1) permits compliance to be varied under this section in respect of—

            3. any provision of this Act, except section 17 (which requires public records and local authority records to be created and maintained) and section 18 (which prohibits the unauthorised disposal of public records and protected records):
              1. any regulations made under this Act:
                1. any standards.

                  1. Subsection (1)(b)(i) does not apply to the public offices referred to in paragraph (c)(i) and (v) to (x) of the definition of public office in section 4.

                  2. The Governor-General may, by Order in Council made on the recommendation of the Minister, amend or revoke an Order in Council made under subsection (1).

                  3. Before making a recommendation under subsection (1) or subsection (4), the Minister must—

                  4. consult,—
                    1. in the case of a recommendation made under subsection (1)(a)(i) or subsection (4), with the Minister of the Crown for the time being having responsibility for the person or body or class of person or body that is to be the subject of the recommendation; and
                      1. in the case of a recommendation made under subsection (1)(a)(ii) or subsection (4), with the person or class of persons who have possession of the record or class of records; and
                        1. in the case of a recommendation made under subsection (1)(b)(i) or (ii) or subsection (4), with the responsible Minister of the controlling public office affected; and
                        2. in each case, have regard to advice received from the Archives Council.

                          1. Before making a recommendation in relation to local authority records under subsection (1)(b)(iii) or subsection (4), the Minister must—

                          2. consult with the Minister of the Crown for the time being responsible for the administration of the Local Government Act 2002; and
                            1. have regard to advice received from the Archives Council.

                              1. This Act continues to apply to a mixed ownership model company (within the meaning of section 45P of the Public Finance Act 1989) that was a public office immediately before becoming a mixed ownership model company, as if it were still a public office, but only in respect of its affairs before it ceased to be a public office (regardless of when the records of those affairs are created).

                              2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                              Notes
                              • Section 5(7): inserted, on , by section 11 of the Public Finance (Mixed Ownership Model) Amendment Act 2012 (2012 No 45).
                              • Section 5(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).