New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 2005 No 40 |
| Date of assent | 20 April 2005 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by Archives New Zealand (Te Rua Mahara o te Kāwanatanga).
Part 1
Purpose, other preliminary provisions, and key administrative provisions
Subpart 1—Purpose and other preliminary provisions
5 Variations to application of Act
6 Exclusions from application of Act
7 Treaty of Waitangi (Te Tiriti o Waitangi)
Subpart 2—Key administrative provisions
Archives New Zealand (Te Rua Mahara o te Kāwanatanga)
9 Continuation of Archives New Zealand
11 Functions and duties of Chief Archivist
12 Chief Archivist to act independently
13 Delegations by Chief Archivist
14 Archives Council established
15 Function of Archives Council
Part 2
Recordkeeping requirements
17 Requirement to create and maintain records
18 Authority required to dispose of public records and protected records
Subpart 2—Control of public records
20 Authority to dispose of public records
21 Mandatory transfer of public records
22 Deferred transfer of public records
24 Temporary return of public archives to controlling public office
25 Discharge of public records
Subpart 3—Standards, inspection, reporting, and audit
28 Application and content of standards
31 Direction to report to Chief Archivist
32 Annual report on recordkeeping
33 Independent audits of public offices
34 Audit of Archives New Zealand
Subpart 4—Estray records, prescribed records, protected records, Ministers’ papers, and private records
36 Inspection of estray records
37 Other requirements for estray records
39 Acquisition of prescribed records
Protected records of local authorities
40 Protected records of local authorities
Parliamentary records, Ministers’ papers, private records, and other records
42 Chief Archivist may accept parliamentary records, Ministers’ papers, and private and other records
Determination of access status as open or restricted
43 Requirement to classify access status
44 Basis for determining access status
Access status of local authority records
45 Requirement to classify access status of local authority records
46 Basis for determining access status of local authority records
47 Public inspection of open access records
48 Publication or copying of public archives
49 Prohibition on public access or copying
50 Period for which restricted access may apply
Part 4
Appeal process and miscellaneous provisions
51 Appeal to Minister by public office or by local authority
55 Recommendation of Archives Council
Subpart 2—Miscellaneous provisions
57 Application of Copyright Act 1994
58 Application of Official Information Act 1982