Plain language law

New Zealand law explained for everyone

Public Records Act 2005

Appeal process and miscellaneous provisions - Appeal process

51: Appeal to Minister by public office or by local authority

You could also call this:

"Appealing to the Minister about public record decisions"

Illustration for Public Records Act 2005

You can appeal to the Minister if you are the head of a public office and the Chief Archivist makes a decision you disagree with. The Chief Archivist's decision might be about not letting you delay transferring a public record as stated in section 22(1)(b), or telling your office to keep electronic public records for longer than 25 years as stated in section 22(1)(c), or not giving you an exemption as stated in section 30. You can also appeal if you are the head of a local authority and the Chief Archivist declines your request for an exemption as stated in section 30. You follow the same process as other appeals, which is outlined in sections 52, 53(3), and 54 to 56, but with some changes to suit your situation. The Minister will consider your appeal and make a decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345784.

Topics:
Government and voting > Government departmentsInformation and technology > Records and archives
Previous

50: Period for which restricted access may apply, or

"How long you might be stopped from seeing a public record"

Next

52: Commencement of appeal, or

"How to Start an Appeal Against a Decision"

Part 4Appeal process and miscellaneous provisions
Appeal process

51Appeal to Minister by public office or by local authority

  1. The administrative head of a controlling public office may appeal to the Minister against a decision of the Chief Archivist—

  2. declining a request to defer the transfer of a public record under section 22(1)(b):
    1. instructing a public office under section 22(1)(c) to maintain and control its electronic public records beyond the expiry of the 25-year period referred to in that provision:
      1. declining a request for an exemption under section 30.

        1. The administrative head of a controlling local authority may appeal to the Minister against a decision of the Chief Archivist to decline a request for an exemption under section 30.

        2. Sections 52, 53(3), and 54 to 56 apply, with the necessary modifications, to an appeal by a controlling local authority under this Act.