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Public Records Act 2005

Appeal process and miscellaneous provisions - Appeal process

56: Decision of Minister

You could also call this:

"The Minister's Final Decision on an Appeal"

Illustration for Public Records Act 2005

You can appeal a decision and the Minister will decide whether to allow or disallow it. The Minister must talk to the responsible Minister before making a decision. They also consider what the Archives Council recommends. The Minister tells people about their decision in writing, including why they made it. They inform the head of the public office, the Chief Archivist, and the Archives Council. They also make the decision public by putting it in the Gazette. The Minister's decision is final and everyone must follow it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345789.

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55: Recommendation of Archives Council, or

"The Archives Council gives advice to help decide an appeal."

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"The law about copyright still applies to public records."

Part 4Appeal process and miscellaneous provisions
Appeal process

56Decision of Minister

  1. The Minister may allow or disallow the appeal, in whole or in part.

  2. Before the Minister makes a decision under subsection (1), the Minister must—

  3. consult with the responsible Minister of the controlling public office that has lodged the appeal; and
    1. have regard to the recommendations of the Archives Council.

      1. The Minister must—

      2. give written notice of the decision, with reasons, to—
        1. the administrative head of the controlling public office; and
          1. the Chief Archivist; and
            1. the Archives Council; and
            2. give public notice of the decision by notice in the Gazette.

              1. The decision of the Minister is final and binds the Chief Archivist and the controlling public office.