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Public Records Act 2005

Public access - Access status of local authority records

46: Basis for determining access status of local authority records

You could also call this:

"How local authority records are made public or kept private"

Illustration for Public Records Act 2005

When you want to see a local authority record, the person in charge must decide if you can access it. They consider if there are good reasons to keep it private, based on standards from the Chief Archivist, or if another law says it must be kept private. If neither applies, the record is open to the public. If there are good reasons to keep it private, the person in charge decides whether to restrict access for up to 25 years or allow access with conditions. They choose the conditions if access is allowed with restrictions. The person in charge can change or remove conditions at any time, following standards from the Chief Archivist. If a record is restricted, it becomes open to the public when the restriction is removed. You can find more information about how this law was amended by looking at the Public Records Amendment Act 2010. The person in charge can also extend the restriction period if there is a good reason to do so. This means the record will not be open to the public until the restriction period ends.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345775.

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45: Requirement to classify access status of local authority records, or

"Deciding who can see local authority records"

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Part 3Public access
Access status of local authority records

46Basis for determining access status of local authority records

  1. In classifying the access status of a local authority record under section 45, the administrative head of the controlling local authority must consider whether—

  2. there are good reasons to restrict public access to the local authority record, having regard to any relevant standard or advice issued by the Chief Archivist; or
    1. another enactment requires the local authority 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 local authority record to be withheld from public access, the administrative head of the controlling local authority must classify the record as an open access record.

      2. However, if there are good reasons to restrict public access under subsection (1)(a), or if another enactment requires a local authority record to be withheld from public access, the administrative head of the controlling local authority must, having regard to any relevant standard or advice issued by the Chief Archivist,—

      3. determine whether it is necessary—
        1. to restrict public access to the local authority record for a specified period of time (which must not be for a period greater than 25 years); or
          1. to permit public access on conditions; and
          2. if paragraph (a)(ii) applies, determine the conditions appropriate for public access.

            1. Despite subsection (3)(a)(i), the administrative head of the controlling local authority may, if there is good reason to do so, restrict public access to the local authority record for 1 or more further specified periods not exceeding 25 years for each further period.

            2. At any time, the administrative head of the controlling local authority, having regard to any relevant standard or advice issued by the Chief Archivist, may vary or withdraw a condition imposed under subsection (3)(b).

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

            Notes
            • Section 46(2): amended, on , by section 4 of the Public Records Amendment Act 2010 (2010 No 79).