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Public Records Act 2005

Recordkeeping requirements - Estray records, prescribed records, protected records, Ministers’ papers, and private records - Protected records of local authorities

40: Protected records of local authorities

You could also call this:

"Rules to Keep Important Local Authority Records Safe"

Illustration for Public Records Act 2005

You can find out if a local authority record is protected by checking the Gazette. The Chief Archivist decides if a record is protected after talking to the local authority. You need to know that local authorities must keep protected records safe. You should understand that local authorities cannot get rid of protected records without permission. The person in charge of the local authority must tell the Chief Archivist if they want to dispose of a protected record. They must say what record they want to dispose of and how they plan to do it. The Chief Archivist then decides what to do with the protected record. They can tell the local authority to give the record to them, or they can allow the local authority to dispose of it. The Chief Archivist must make a decision within three months of being told about the record.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345765.

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"Getting Important Records for Safekeeping"

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41: Transitional provision, or

"Rules for old protected archives when laws change"

Part 2Recordkeeping requirements
Estray records, prescribed records, protected records, Ministers’ papers, and private records: Protected records of local authorities

40Protected records of local authorities

  1. The Chief Archivist may, by notice in the Gazette made after consultation with any local authority concerned, declare that a local authority record is a protected record for the purposes of this Act.

  2. A local authority must provide for the adequate protection and preservation of a protected record it holds, in accordance with any applicable standards or instructions issued by the Chief Archivist.

  3. A local authority must not dispose of a protected record unless the administrative head of the local authority has—

  4. given written notice to the Chief Archivist of his or her intention to dispose of the protected record; and
    1. identified the protected record concerned; and
      1. specified how he or she intends to dispose of the protected record.

        1. Not later than 3 months after receiving written notice under subsection (3), the Chief Archivist must—

        2. direct the local authority in writing to transfer the protected record to the control of the Chief Archivist, subject to conditions (if any) agreed by the administrative head of the local authority and the Chief Archivist; or
          1. authorise the disposal of the protected record identified under subsection (3)(b).