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Public Records Act 2005

Public access - Determination of access status as open or restricted

44: Basis for determining access status

You could also call this:

"How to decide if a public record is open or restricted"

Illustration for Public Records Act 2005

When you want to know if a public record is open or restricted, the person in charge of the office must think about a few things. They must consider if there are good reasons to keep the record secret, or if another law says it must be kept secret. If there are no good reasons to keep it secret, the record is open to the public. If there are good reasons to keep it secret, the person in charge must talk to the Chief Archivist and decide what to do. They might decide to keep the record secret for a while, or let people see it but only if they follow certain rules. You can find out about any restrictions on a record by looking at the public access register, as stated in section 19(1)​(d). The office is also responsible for dealing with requests for information under the Official Information Act 1982 and the Privacy Act 2020. They must follow any rules they set for accessing records, and so does the Chief Archivist. If a record is restricted, it will become open when the restriction is lifted, and you can check the public access register to see if a record is restricted, as stated in section 43 and Official Information Act 1982 and Privacy Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345772.

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"Classifying Public Records as Open or Restricted"

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Part 3Public access
Determination of access status as open or restricted

44Basis for determining access status

  1. In classifying the access status of a public record under section 43, the administrative head of the controlling public office must consider whether—

  2. there are good reasons to restrict public access to the public record, having regard to any relevant standard or advice issued by the Chief Archivist; or
    1. another enactment requires the public record to be withheld from public access.

      1. If there are no good reasons to restrict public access under subsection (1)(a), or if no enactment requires a public record to be withheld from public access, the administrative head of the controlling public office must classify the record as an open access record.

      2. If there are good reasons for restricting public access under subsection (1)(a), or if another enactment requires a public record to be withheld from public access, the administrative head of the controlling public office must, in consultation with the Chief Archivist,—

      3. determine whether it is necessary—
        1. to restrict public access to the public record for a specified period of time; or
          1. to permit public access on conditions; and
          2. if paragraph (a)(ii) applies, determine the conditions appropriate for public access.

            1. The administrative head of a controlling public office may at any time, in consultation with the Chief Archivist, vary or withdraw a condition imposed under subsection (3)(b).

            2. A public record subject to a restriction under subsection (3)(a)(i) becomes an open access record on the withdrawal of the restriction.

            3. The department and the Chief Archivist must comply with conditions of public access imposed under subsection (3)(b).

            4. A restriction on public access to a public record must be noted in the public access register, in accordance with section 19(1)(d).

            5. Every controlling public office is responsible for dealing with requests for official information under the Official Information Act 1982 and requests for personal information under the Privacy Act 2020.

            Notes
            • Section 44(6): amended, on , by section 16 of the Public Records Amendment Act (No 2) 2010 (2010 No 133).
            • Section 44(8): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).