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Public Records Act 2005

Recordkeeping requirements - Control of public records - Disposal

20: Authority to dispose of public records

You could also call this:

"Rules for getting rid of public records"

Illustration for Public Records Act 2005

The Chief Archivist can let someone get rid of a public record in certain ways. You can transfer control of the record to another public office, the Chief Archivist, or alter and destroy it. The Chief Archivist can also sell the record or get rid of it. Before getting rid of a record, the Chief Archivist must give people 30 days' notice about what they plan to do. They must say what record they want to get rid of and where people can find more information. The Chief Archivist needs the Minister's permission to get rid of some records, but the Minister can give permission if the Archives Council and the Chief Archivist agree. You can find more information about this in section 21 or section 23.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345735.

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Part 2Recordkeeping requirements
Control of public records: Disposal

20Authority to dispose of public records

  1. The Chief Archivist may authorise in writing, in accordance with the purposes of this Act, the disposal of a public record (other than those referred to in subsection (3)) by—

  2. transferring control of the public record to another public office; or
    1. transferring control of the public record to the Chief Archivist; or
      1. altering or destroying the public record; or
        1. selling the public record; or
          1. discharging the public record.

            1. Before authorising a disposal under subsection (1), the Chief Archivist must give not less than 30 days’ notice, in the manner the Chief Archivist considers appropriate, of—

            2. the intention to dispose of the public record, with a general description of the public record concerned; and
              1. the place where additional information may be obtained on the public record concerned and the person to whom any comments may be sent.

                1. The Chief Archivist must not, without the Minister’s written authorisation, dispose of a public record created or received by the Chief Archivist in relation to his or her functions, duties, and powers under this Act (except if section 21 or section 23 applies).

                2. The Minister may, on the advice of the Archives Council given on the recommendation of the Chief Archivist, authorise in writing the disposal of a public record referred to in subsection (3).

                Notes
                • Section 20(3): amended, on , by section 12(1) of the Public Records Amendment Act (No 2) 2010 (2010 No 133).
                • Section 20(4): amended, on , by section 12(2) of the Public Records Amendment Act (No 2) 2010 (2010 No 133).