Plain language law

New Zealand law explained for everyone

Public Records Act 2005

Recordkeeping requirements - Standards, inspection, reporting, and audit

35B: Performance notice

You could also call this:

"The Chief Archivist sends a notice to fix recordkeeping problems and report back."

Illustration for Public Records Act 2005

The Chief Archivist can send a written notice to a public office, telling them to do something about their recordkeeping by a certain date. You might have to do something like fix a problem with how you keep records. The Chief Archivist can also ask you to send them a report on what you have done. The Chief Archivist can ask for a report at a specific time, at regular intervals, or both. If you get a notice, you must do what it says by the date given. You also have to send a report to the Chief Archivist at the time or intervals they specify. You can find more information about this by looking at the Public Records Act 2005 and the Responding to Abuse in Care Legislation Amendment Act 2025.

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 It might be out of date or be missing some parts.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=LMS1539334.

Topics:
Government and voting > Government departmentsBusiness > Industry rules
Previous

35A: Action plans, or

"Improving Record Keeping: Making Action Plans"

Next

36: Inspection of estray records, or

"Showing estray records to the Chief Archivist when asked"

Part 2Recordkeeping requirements
Standards, inspection, reporting, and audit

35BPerformance notice

  1. The Chief Archivist may, by written notice to a public office, issue a performance notice requiring the public office to carry out a specified action relating to its recordkeeping practices by a specified date.

  2. The Chief Archivist may also require, in the notice, that the public office provide the Chief Archivist with a report or reports (for example, a progress report and a final report) on the action taken—

  3. at a specified time (or times); or
    1. at specified intervals; or
      1. both.

        1. A public office that receives a notice under subsection (1) must—

        2. take the action by the date specified in the notice; and
          1. provide a report (or reports) to the Chief Archivist at the time, or intervals, specified in the notice.

            Compare
            Notes
            • Section 35B: inserted, on , by section 36 of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).