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Public Records Act 2005

Appeal process and miscellaneous provisions - Appeal process

53: Effect of appeal

You could also call this:

"What happens when you appeal a decision about public records"

Illustration for Public Records Act 2005

When you appeal a decision, some things happen. You can appeal between the time the Chief Archivist makes a decision and the time the appeal is decided by the Minister, as stated in section 56(3). The Chief Archivist must wait until the appeal is decided. During this time, the Chief Archivist cannot give instructions or take action on the matter you are appealing. If you are appealing under section 51(1)(a), the public office does not have to transfer the record. If you are appealing under section 51(1)(b), the public office must keep controlling its electronic records. If a local authority appeals under section 51(2), the Chief Archivist must wait and the local authority must keep following the rules. The local authority must continue to comply with the standard or instruction from which an exemption has been requested. The Chief Archivist must not issue an instruction or take further action in respect of the matter to which the appeal relates.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345786.

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"How to Start an Appeal Against a Decision"

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54: Process of appeal, or

"What happens when you appeal a decision under the Public Records Act 2005"

Part 4Appeal process and miscellaneous provisions
Appeal process

53Effect of appeal

  1. Subsections (2) and (3) apply—

  2. between the time when the Chief Archivist makes a decision that is subject to a right of appeal and the expiry of the time for lodging an appeal; or
    1. if an appeal is lodged, between the time when the decision is made and the time when the appeal is determined by the Minister and notified under section 56(3) to the Chief Archivist and the administrative head of the controlling public office or of the local authority, as the case may be.

      1. During the period of time referred to in subsection (1)(a) or (b), as the case may be,—

      2. the Chief Archivist must not issue an instruction or take further action in respect of the matter to which the appeal relates:
        1. in the case of an appeal under section 51(1)(a), the public office is not required to transfer the public record concerned:
          1. in the case of an appeal under section 51(1)(b), the public office must continue to maintain and control its electronic records:
            1. in the case of an appeal under section 51(1)(c), the public office must continue to comply with the standard or instruction from which an exemption has been requested.

              1. If a local authority appeals under section 51(2),—

              2. the Chief Archivist must not issue an instruction or take further action in respect of the matter to which the appeal relates; and
                1. the local authority must continue to comply with the standard or instruction from which an exemption has been requested.