Public Records Act 2005

Appeal process and miscellaneous provisions - Miscellaneous provisions - Savings and transitional provisions

64: Savings

You could also call this:

"Things that existed before this law started still apply for a while"

Illustration for Public Records Act 2005

You have things that were in force before this Act started. These things continue for a certain period, as if this Act did not exist. This applies to certain matters, like certificates and conditions. You have certificates that were issued under the Archives Act 1957. These certificates last until they expire, a transfer is made under section 21(1), or an agreement is made under section 22(1)(b). You also have conditions imposed on public archives, which last for a stated period. This Act does not apply to certain public records made before it started. However, section 42(1)(d) is an exception to this rule. This means that even if a public record was made before this Act started, it can still be affected by this section.

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This page was last updated on 28 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346101.

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63: Regulations, or

"The Governor-General can make rules about public records and archives."

65: Transitional provisions, or

"Rules from the old law still apply when the new law starts"

Part 4Appeal process and miscellaneous provisions
Miscellaneous provisions: Savings and transitional provisions

64Savings

Despite section 66(a), a matter referred to in subsection (2) that is in force immediately before the commencement of this Act continues in force for the period (if any) provided for in subsection (2), as if this Act had not been enacted.
The matters to which subsection (1) applies are—
a certificate issued under section 8(2)(c) of the Archives Act 1957, until whichever is the sooner of—
1. the expiry of the period of deferral directed by the Minister; or
2. a transfer made under section 21(1) of this Act; or
3. an agreement made under section 22(1)(b) of this Act; and
in the case of a public archive in the possession of Archives New Zealand, conditions imposed under section 14 of the Archives Act 1957, for the period (if any) stated in the conditions; and
an authorisation given under section 21 of the Archives Act 1957, until whichever is the sooner of—
1. the completion of the authorised publication; or
2. the expiry of the authorisation.

This Act does not apply to public records referred to in section 3(a) to (d) of the Archives Act 1957 and made or received by the relevant Government office before the commencement of this Act.
However, section 42(1)(d) overrides subsection (3).