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Public Records Act 2005

Recordkeeping requirements - Control of public records - Deferral of transfer

23: Transfer of public records

You could also call this:

"What happens to public records when a government job or office changes"

Illustration for Public Records Act 2005

You can transfer public records if a public office stops existing or stops doing a job that the records are about. The records can go to the public office that takes over the job or to the office chosen by the Chief Archivist. The Chief Archivist is in charge of public records. If a public office takes over the job, it must tell the Chief Archivist about the transfer within three months. This rule also applies to records from local authorities, like councils. The rule is the same for local authority records, but with some changes to fit their situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345740.

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22: Deferred transfer of public records, or

"Waiting to move public records to an archive"

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24: Temporary return of public archives to controlling public office, or

"Borrowing a public record from the archives for work"

Part 2Recordkeeping requirements
Control of public records: Deferral of transfer

23Transfer of public records

  1. If a controlling public office ceases to exist as a public office, or ceases to exercise a function to which its public records relate, its public records may be transferred to—

  2. the public office that has taken over the responsibilities of the controlling public office for those public records; or
    1. if paragraph (a) does not apply, the public office designated by the Chief Archivist as the public office responsible for those public records.

      1. A public office that takes over responsibilities under subsection (1)(a) must give notice to the Chief Archivist of the transfer of the public records not later than 3 months after the transfer has taken place.

      2. Subsection (1) applies, with the necessary modifications, to local authority records.