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Public Records Act 2005

The Public Records Act 2005 (PRA) (external link) came into force on 21 April 2005. It replaced the Archives Act 1957 (external link) and the document and archives provisions in the Local Government Act 1974 (external link).

This page provides basic information on the PRA. For more information please see the Archives New Zealand publication, A Guide to the Public Records Act.

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Objectives

The PRA is an outcomes focused piece of legislation. Its objectives are to:

  • promote accountability between the Crown, the public, and Government agencies
  • enhance public confidence in the integrity of public records
  • enhance and promote our historical and cultural heritage
  • encourage partnership and goodwill envisaged by the Treaty of Waitangi in relation to public records.
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Recordkeeping Framework

The PRA establishes a recordkeeping framework, and focuses on supporting good recordkeeping in government. The PRA requires government organisations to create and maintain records and to dispose of them in accordance with the authority of the Chief Archivist. Good recordkeeping is simply good business practice and is an essential part of efficient government. Good recordkeeping supports day-to-day operations and enables the efficient management, retrieval and disposal of government information.

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Who’s Covered?

The PRA applies to all public offices, including all government departments, crown research institutes, state enterprises and tertiary institutions. Local government is also covered by the PRA under a slightly different regime.

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Key Duties

The PRA introduces two key duties that all public offices and local authorities must adhere to. They are:

  • Requirement to create and maintain records

Under the PRA, all public offices and local authorities are required to create and maintain full and accurate records in accordance with normal, prudent business practice. These records must also be accessible over time.

  • Authority of the Chief Archivist required to dispose of public records and local authority protected records

The PRA requires public offices to gain the Chief Archivist’s authorisation before disposing of public records. The PRA also covers the disposal of local authority protected records. Disposal is the archival term for the ultimate fate of public records; usually either by destruction or transfer to the Chief Archivist.

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Compliance

  • Mandatory & Discretionary Standards

The PRA enables the Chief Archivist to issue mandatory standards that will achieve certain recordkeeping outcomes. The development of mandatory standards requires formal consultation with stakeholders. Information on this process can be found in our Standards Strategy and Methodology. The PRA also enables discretionary standards and guidance to be issued.

Copies of the recordkeeping standards and guides can be found on the recordkeeping publications page on the Continuum website.

  • Compliance

The PRA introduces measures to assess whether agencies are meeting its requirements; they are:

  • Audits

Independent audits of agencies’ recordkeeping practices will commence in 2010 and take place every 5-10 years. Information about the PRA audit programme can be found on the Continuum website.

  • Annual report to Parliament

The Chief Archivist is required to report to Parliament annually on the state of government recordkeeping. Copies of past government recordkeeping reports can be found on the Continuum website.

  • Inspections

The Chief Archivist can inspect central and local government recordkeeping incidents. Our intention is to work constructively with agencies to resolve any issues.

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Support and Guidance

Archives New Zealand will provide support and guidance to all agencies. This includes:

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Contact Us

Government Recordkeeping Programme
Email: rkadvice@archives.govt.nz
Phone: 04 499 5595

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Additional Information

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