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Public Records Act 2005

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

65: Transitional provisions

You could also call this:

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

Illustration for Public Records Act 2005

When this Act starts, some agreements and rules from the old Archives Act 1957 will still apply. You need to know what these agreements and rules are. They include agreements made under the old Act. Some of these agreements were made under specific sections of the old Act. You can find these in section 22(1)(b) and section 42(3)(c) of this Act. Others were made under different sections. There are also rules about certificates of authority and approvals. These rules apply as if they were made under section 20(1)(c) and section 26 of this Act. Some deposits made under the old Act also still apply. In some cases, restrictions on inspecting public archives still apply. These restrictions apply as if the public archive had been classified under section 43(1)(b). This is in accordance with section 44(3). Conditions about public access to archives also still apply. These conditions apply as if the public archive had been classified under section 43(1)(b). This is in accordance with section 44(3). These conditions were imposed under certain sections of the old Act. You can find these in sections 8, 10, and 16 of the Archives Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346102.

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

65Transitional provisions

  1. Despite section 66(a), the agreements or other matters referred to in subsection (2) that are in force immediately before the commencement of this Act continue in force in the manner specified in that subsection.

  2. The agreements and other matters to which subsection (1) applies are—

  3. an agreement made under section 8(2)(a) or (b) of the Archives Act 1957, for the term of the agreement, as if it were made under section 22(1)(b) of this Act:
    1. an agreement made under section 11 of the Archives Act 1957, for the term of the agreement, as if it were made under section 42(3)(c) of this Act:
      1. an agreement made under section 13 of the Archives Act 1957, as if it were made under section 24 of this Act:
        1. a certificate of authority given under section 16(6) of the Archives Act 1957—
          1. as if it authorised the disposal of public records; and
            1. as if it were given under section 20(1)(c) of this Act; and
              1. until the authorised disposals are completed:
              2. an approval given or deposit made under section 19(1) of the Archives Act 1957, as if the approval were given and the deposit made under section 26 of this Act:
                1. a deposit made by the Registrar of Deeds under section 19(2) of the Archives Act 1957, as if consent were given under section 26 of this Act:
                  1. in the case of a public archive in the possession of Archives New Zealand, restrictions on inspection imposed under section 20(1)(b), (c), or (ca) of the Archives Act 1957, as if the public archive had been classified under section 43(1)(b) as a restricted access record in accordance with section 44(3):
                    1. in the case of a public archive in the possession of Archives New Zealand, conditions referred to in subsection (3) as to public access, as if the public archive had been classified under section 43(1)(b) as a restricted access record in accordance with section 44(3).

                      1. Subsection (2)(h) applies to conditions imposed under—

                      2. section 8(3) of the Archives Act 1957 on public archives that have been in existence for 25 years or more:
                        1. section 10(2) of the Archives Act 1957 on public archives that have been in existence for less than 25 years:
                          1. section 16(7) of the Archives Act 1957.

                            Notes
                            • Section 65(2)(b): amended, on , by section 5 of the Public Records Amendment Act 2010 (2010 No 79).