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Public Records Act 2005

Recordkeeping requirements - Control of public records - Discharge

25: Discharge of public records

You could also call this:

"When can public records be given away?"

Illustration for Public Records Act 2005

The Chief Archivist can let a public record be discharged if they think it is suitable. You need to meet some conditions, like the record being open access and not in current use. The record's release must follow the principles of the Privacy Act 2020. The Chief Archivist can also let a class of public records be discharged if they think it is suitable. The administrative head of the controlling public office must agree to the discharge. The discharge must follow the principles of the Privacy Act 2020. When a public record is discharged, it becomes the property of the person it is given to. It is no longer a public record and is not subject to this Act. The discharge of the record must be noted in the discharge register. The Chief Archivist must follow rules when discharging public records. They must make sure the record is given to the right person. The record's discharge must be noted in the discharge register, as stated in section 19(1)‎(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345743.

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Part 2Recordkeeping requirements
Control of public records: Discharge

25Discharge of public records

  1. The Chief Archivist may authorise in writing the discharge of a public record only if—

  2. the Chief Archivist considers that the public record is suitable to be discharged; and
    1. the public record is an open access record that is not in current use; and
      1. the release of the public record is consistent with the principles of the Privacy Act 2020; and
        1. the public record is not subject to a request under the Official Information Act 1982; and
          1. the administrative head of the controlling public office agrees to the public record being discharged; and
            1. the person to whom the public record is to be discharged is not a Minister of the Crown, the Chief Archivist, an employee in the department, the Archives Council, a member of the Archives Council, or an employee of the controlling public office.

              1. The Chief Archivist may authorise in writing the discharge of a class of public records that contains information about identified persons only if—

              2. the Chief Archivist considers that the class of public records is suitable to be discharged; and
                1. the administrative head of the controlling public office agrees to the class of public records being discharged; and
                  1. the Chief Archivist and the administrative head have entered into an agreement for the discharge of the class of public records on a record by record basis; and
                    1. there are appropriate procedures to ensure that a record is discharged only to the person who is the subject of the information, or to the duly authorised agent of that person; and
                      1. the discharge of the class of records is consistent with the principles of the Privacy Act 2020.

                        1. A public record that is discharged—

                        2. becomes the property of the person to whom it is discharged; and
                          1. ceases to have status as a public record or to be subject to this Act.

                            1. A public record discharged under this section must be noted in the discharge register, in accordance with section 19(1)(b).

                            Notes
                            • Section 25(1)(c): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                            • Section 25(1)(f): amended, on , by section 14 of the Public Records Amendment Act (No 2) 2010 (2010 No 133).
                            • Section 25(2)(e): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).