Transfer

21 Mandatory transfer of public records

(1)

Every public office must transfer from its possession and control public records that have been in existence for 25 years—

(a)

to the possession of Archives New Zealand and the control of the Chief Archivist; or

(b)

to the possession of an approved repository and the control of the Chief Archivist.

(2)

Subsection (1) applies unless—

(a)

the public records are to be destroyed in accordance with the provisions of this Act or are required to be destroyed by or under another Act; or

(b)

the administrative head of the controlling public office and the Chief Archivist agree in writing that the public records may be transferred, before the expiry of the 25-year period, to—

(i)

the possession of Archives New Zealand and the control of the Chief Archivist; or

(ii)

the possession of an approved repository and the control of the Chief Archivist; or

(c)

the transfer of the public records is to be deferred under section 22.