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Public Records Act 2005

Recordkeeping requirements - Control of public records - Transfer

21: Mandatory transfer of public records

You could also call this:

"Send old public records to Archives New Zealand after 25 years"

Illustration for Public Records Act 2005

You have public records that are 25 years old. You must give them to Archives New Zealand or an approved repository. The Chief Archivist will control these records. You do not have to give them away if they need to be destroyed. You can also agree with the Chief Archivist to give them away before 25 years. You can give them to Archives New Zealand or an approved repository. But you can delay giving them away if section 22 says you can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345737.

Topics:
Government and voting > Government departments
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"Rules for getting rid of public records"

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22: Deferred transfer of public records, or

"Waiting to move public records to an archive"

Part 2Recordkeeping requirements
Control of public records: Transfer

21Mandatory transfer of public records

  1. Every public office must transfer from its possession and control public records that have been in existence for 25 years—

  2. to the possession of Archives New Zealand and the control of the Chief Archivist; or
    1. to the possession of an approved repository and the control of the Chief Archivist.

      1. Subsection (1) applies unless—

      2. the public records are to be destroyed in accordance with the provisions of this Act or are required to be destroyed by or under another Act; or
        1. the administrative head of the controlling public office and the Chief Archivist agree in writing that the public records may be transferred, before the expiry of the 25-year period, to—
          1. the possession of Archives New Zealand and the control of the Chief Archivist; or
            1. the possession of an approved repository and the control of the Chief Archivist; or
            2. the transfer of the public records is to be deferred under section 22.