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Public Records Act 2005

Recordkeeping requirements - Estray records, prescribed records, protected records, Ministers’ papers, and private records - Parliamentary records, Ministers’ papers, private records, and other records

42: Chief Archivist may accept parliamentary records, Ministers’ papers, and private and other records

You could also call this:

"The Chief Archivist can look after important New Zealand records and papers."

Illustration for Public Records Act 2005

The Chief Archivist can accept certain records for Archives New Zealand. You can think of these records as important papers that help tell New Zealand's story. The Chief Archivist can accept parliamentary records, Ministers' papers, and private records that are significant to New Zealand's history. The Chief Archivist can also accept other records that were made or received by a government office before this Act started. When parliamentary records are deposited, they may have conditions that the Chief Archivist and the Clerk of the House agree to in writing. If you deposit papers or records, they will be cared for by the Chief Archivist, but you can still own and control them unless you agree otherwise in writing. You and the Chief Archivist can also agree on conditions for how these papers or records are accessed, used, and stored. Some records deposited in Archives New Zealand are not subject to the Official Information Act 1982 just because they are deposited there. Records that were made or received by a government office before this Act started will still be controlled by that office and subject to the Archives Act 1957. The Crown and its agents, including the Chief Archivist, must follow any conditions that apply to the deposit of papers or records.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345768.

Topics:
Government and voting > Government departmentsArts and culture > Heritage protection
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"Rules for old protected archives when laws change"

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Part 2Recordkeeping requirements
Estray records, prescribed records, protected records, Ministers’ papers, and private records: Parliamentary records, Ministers’ papers, private records, and other records

42Chief Archivist may accept parliamentary records, Ministers’ papers, and private and other records

  1. The Chief Archivist may accept for deposit in Archives New Zealand—

  2. parliamentary records:
    1. Ministers’ papers:
      1. private records that complement the public archives and that—
        1. record significant historical events; or
          1. relate to an existing or former public office or organisation connected with government in New Zealand; or
            1. relate to persons who are or have been significant in any aspect of New Zealand history, politics, or culture:
            2. records referred to in section 3(a) to (d) of the Archives Act 1957 that were made or received by a government office before the commencement of this Act.

              1. Parliamentary records deposited under subsection (1)(a) may be subject to conditions agreed to in writing between the Chief Archivist and the Clerk of the House.

              2. Papers and records deposited under subsection (1)(b) or (c)—

              3. remain under the care of the Chief Archivist; and
                1. unless the Minister or the person depositing the papers or records otherwise agrees in writing, remain in the ownership and control of the Minister or that person; and
                  1. may be subject to conditions agreed to in writing by the Minister or the person depositing the papers or records and the Chief Archivist, including conditions relating to—
                    1. public access to the papers or records:
                      1. custody and control of the papers or records:
                        1. publication, acknowledgement, and copying of the papers or records:
                          1. future ownership of the papers or records.

                          2. Papers and records referred to in subsection (1) are not subject to the Official Information Act 1982 just because they are deposited in Archives New Zealand.

                          3. Records deposited under subsection (1)(d) remain—

                          4. under the control of the controlling public office; and
                            1. subject to the Archives Act 1957 as if that Act continued to apply to them.

                              1. The Crown and its agents, including the Chief Archivist, must comply with any conditions to which the deposit of papers or records referred to in subsection (1) is subject.