Public Records Bill

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Public Records Bill

• Presentation to RMAA
• 14 September 2004

2
Background

• New legislation developed for regulation of
  public records and archives
• Reflects changes in
• technology (electronic records, email, Web)
• business practice (devolution, corporatisation
  eg State Owned Enterprises)
• other legislation (OIA, Privacy)

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New Legislation

• Blue sky approach i.e. complete review of
  legislation rather than tinkering
• Process of consultation since 2001- discussion
  papers, submissions and focus groups
• Policy framework approved 2002
• Coverage approved March 2003
• Draft bill released to departments December 2003
• Introduced 1 September 2004

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Purposes of statutory recordkeeping system

• Democratic accountability (Crown to public)
• Management accountability (Agencies to the
  Crown)
• Collective memory and historical heritage
• Good management
• These purposes are unchanged but the means of
  achieving them need revision

5
Framework

• Flexible to handle the diversity of government
  business and future circumstances
• Enabling legislation not all conceivable
  situations dealt with in the Bill itself
• Providing a comprehensive public records
  framework (Public Records Bill, not Archives Act
  Mk 2)

6
Coverage

• Wide definition of organisations and activities
  to be covered by PRB

7
Coverage

• Public Offices include
• Departments as per State Sector Act
• Officers of Parliament
• PCO, Parliamentary Service and Clerk of the House
• NZ Police, NZ Defence Force and NZSIS
• State Owned Enterprises
• Crown Entities eg
• Te Papa
• Universities and other Tertiary Education
  Institutions
• State Schools
• This clarifies coverage issues that are unclear
  under Archives Act

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Coverage

• Wide definition of records
• record means information, whether in its original
  form or otherwise, including (without limitation)
  a document, a signature, a seal, text, images,
  sound, speech, or data compiled, recorded, or
  stored, as the case may be,
• (a) in written form on any material or
• (b) on film, negative, tape, or other medium so
  as to be
• capable of being reproduced or
• (c) by means of any recording device or process,
• computer, or other electronic device or process

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Coverage

• public record
• (a) means a record or a class of records, in any
  form, in whole or in part, created or received
  (whether before or after the commencement of this
  Act) by a public office in the conduct of its
  affairs
• Only records excluded are ballot papers
• To remove doubt, Order in Council can be used to
  designate records as public

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Archives Act 1957

• Gives sole authority over disposal of public
  records to Chief Archivist
• Enables Chief Archivist to advise, but not
  instruct, on current records management
• Requires transfer of valuable records to
  Archives at 25 years
• Assumes records will be created and maintained
  until this happens

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Significant Changes

• Requirement to create and maintain records
  clause 17
• Standard-setting role for Archives mandatory
  and voluntary clause 27
• Audit and reporting role for Archives clauses
  32 and 33
• Local Government included within records
  legislation rather than in Local Government Act
  Clauses 40,45, 46 and throughout PRB

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Significant Changes (cont.)

• Disposal authorities must be made available for
  public inspection and comment before approval
  Clause 20
• Electronic records - Potential for management by
  agency at Archives expense for historic
  records Clause 22(1)( c) and 22 (5)

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Significant Changes (cont.)

• Archives Council, established to advise Minister
  on
• Archives and recordkeeping issues generally
• Appeals by public offices against decisions by
  the Chief Archivist to apply standards, require
  transfer etc

14
Disposal

• Disposal, in relation to a public record or
  local authority record means
• (a) the transfer of control of a record
• (b ) the sale, alteration, destruction, or
  discharge of a record

15
Disposal

• Only with the authority of the Chief Archivist
• Mandatory transfer at 25 years unless
• Agreement to defer transfer
• Agreement to transfer earlier
• Records are authorised for destruction
• Mandatory transfer will be the exception rather
  than the rule majority of records will have a
  disposal authorisation before expiry of 25 years

16
Standards

• Mandatory Standards potentially cover all aspects
  of recordkeeping, from creation to disposal
• Chief Archivist must consult with affected
  agencies
• Agencies may be exempted, for example through
  executive mechanism such as Order in Council

17
Audits

• Chief Archivist must commission (and will pay
  for) independent audits of recordkeeping in
  government clause 33
• Audits must commence five years after enactment
• Audits for each public office will happen at
  intervals of between 5 and 10 years
• Audits will be reported to Parliament

18
Access

• Public Offices to make decision on records at 25
  years (or earlier if transferred to archives)
  open or restricted This decision required,
  regardless of where records held Clause 43
• Access to restricted access records through OIA
  or other relevant legislation
• Right of public inspection of open access records
  free of charge Clause 47

19
Appeal

• Public offices may appeal to the Minister against
  Chief Archivist decisions to
• Decline a request to defer transfer of public
  records
• Instructing public offices to maintain electronic
  records beyond 25 years
• Decline a request for an exemption from
  application of standards

20
Variations

• Not all provisions must apply to all public
  records. Mechanisms for change include
• Public offices and Chief Archvist may agree to
  defer transfer Clause 22,
• Chief Archivist may exempt public office from
  application of standard/s Clause 30)
• Order in Council may release public offices from
  compliance with requirements other than
• Create and Maintain
• Disposal by Chief Archivist Authority

21
Census Returns

• The only public records for which disposal
  outcome determined in the PRB rather than using
  PRB processes
• To be kept by Government Statistician for 100
  years then transferred to Chief Archivist
  control.
• Made available for statistical purposes after
  100 years

22
Local Authorities

• Subject to standards for recordkeeping
• No general obligation to transfer to Chief
  Archivist
• Chief Archivist may declare certain records
  protected
• Protected records not to be disposed of without
  obtaining Chief Archivist's authorisation clause
  40
• most elements of Local Government Act 1974
  archives provisions continued

23
Community Archives

• Minister may approve repositories (museums,
  libraries etc) to hold public archives. This
  continued from Archives Act, but more flexibility
  Clause 26
• eg not limited to archives surplus to
  requirements
• Chief Archivist to take a leadership role in
  facilitation and coordinating archival activities
  Clause 11

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Transition Arrangements

• Existing arrangements, such as disposal
  authorities, access agreements, carried through
• Existing standards do not automatically become
  mandatory must follow PRB process
• Ensure support for implementation and adequate
  lead time eg five years to first audit

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Want to know more ?

• Read the PRB at
• www.knowledge-basket.co.nz/gpprint/docs/welcome.ht
  ml
• Or buy from Bennetts Bookshops
• Parliamentary Library summary
• http//www.clerk.parliament.govt.nz/Content/BillsD
  igest/1148PublicRecords.pdf
• Summary, progress reports, background info
• http//www.archives.govt.nz/about/legislation.html
  

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Questions ?

• Or contact us at
• policy_at_archives.govt.nz