Public Records Act 2005

Prescribed records

38 Prescribed records

(1)

The Minister may, for the purposes of this Act, by notice in the Gazette made on the recommendation of the Chief Archivist, declare that a record is a prescribed record, or 1 or more classes of records are prescribed records.

(2)

Subsection (1) does not apply if the record is—

(a)

a public record under the control of the controlling public office; or

(b)

a public archive under the control of the Chief Archivist; or

(c)

a local authority record, or a local authority archive, under the control of the controlling local authority.

(3)

A notice must describe the record or class of records to which the notice applies.

(4)

A person who possesses a prescribed record—

(a)

may transfer the prescribed record to the possession of Archives New Zealand, an approved repository, a public office, or a local authority as directed by the Chief Archivist:

(b)

must not transfer the prescribed record to any other person unless that person—

(i)

has first given the Chief Archivist the opportunity to purchase the prescribed record on behalf of the Crown; and

(ii)

before transferring the prescribed record to another person, has informed that other person that the record is a prescribed record.

(5)

The Chief Archivist must note the status of a prescribed record in the register of prescribed records, in accordance with section 19(1)(c).

(6)

The Chief Archivist must—

(a)

give written notice to the holder of a prescribed record if the status of the record as a prescribed record is revoked; and

(b)

record the change of status in the register of prescribed records.