Public Records Act 2005

Public access - Open access records

49: Prohibition on public access or copying

You could also call this:

"Some public records are restricted to keep them safe"

Illustration for Public Records Act 2005

You can be stopped from accessing or copying a public archive or protected record. The Chief Archivist can do this if they think it is necessary to preserve the record or while it is being classified or repaired. They must note this in the public access register, as stated in section 19(1)(d). You can also be stopped from accessing or copying a local authority archive. The administrative head of a local authority can do this if they think it is necessary to preserve the archive or while it is being classified or repaired. This helps keep the archives safe. The Chief Archivist and the administrative head of a local authority can decide how long the prohibition lasts. They can stop you from accessing or copying the records for as long as they think is necessary. This is to protect the records and make sure they are available for the future.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345779.


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Part 3Public access
Open access records

49Prohibition on public access or copying

  1. The Chief Archivist may prohibit the public from accessing or copying a public archive or protected record in his or her control for any period that he or she thinks necessary—

  2. in the interest of preserving the public archive or protected record; or
    1. pending the classification, repair, or other treatment of the public archive or protected record.
      1. A prohibition on public access must be noted in the public access register, in accordance with section 19(1)(d).

      2. The administrative head of a local authority may prohibit the public from accessing or copying a local authority archive for any period that he or she thinks necessary—

      3. in the interest of preserving the local authority archive; or
        1. pending the classification, repair, or other treatment of the local authority archive.