Online takedown request
Learn more about our process for considering requests to remove material from our online platforms. Takedown requests apply to digital records that Archives New Zealand has published online.
Online takedown request
At Te Rua Mahara o te Kāwanatanga Archives New Zealand, we preserve and protect the government records of Aotearoa New Zealand so you can access them now and in the future. One of the ways we provide public access is by making records available online and in our reading rooms. But we acknowledge some of these materials may contain sensitive content.
On this page, we’ll explain our procedures and principles for considering requests to remove public access to information (takedown requests). This includes both material we’ve made available online, and in our reading rooms. You’ll also find out about how you can make a takedown request, possible reasons for your request and potential outcomes of our review.
Why we make records available to the public
Under the Public Records Act 2005, we have a legislated mandate to:
hold
preserve, and
provide public access to
records of the affairs of central government.
To fulfil this purpose, we publish open access digitised content online and make physical material available to view in our reading rooms.
Publishing records online is not a legislated requirement
The Chief Archivist decides which open access records are published. Publishing records online is not a legislated requirement as people can also visit our reading rooms to view records. But we do it because it allows people from all over Aotearoa New Zealand – and the world – to access our records without needing to travel to a reading room. Publishing information online also helps us fulfil our purpose of providing the public with trusted access to the records of government, enabling transparency and accountability.
We do not decide whether records we hold are open or restricted access
Although we decide which records are published online, Archives New Zealand does not decide whether the records we hold are open or restricted access. The government agency who transferred the records to us decides. We work with those agencies and provide them with guidance. We also honour and implement the access decisions.
Learn more about access restrictions
Why we may remove public access to records
Despite our best efforts, there may be occasions when material made available online, or in our reading rooms, is considered to:
breach copyright
breach privacy
contain material that is deemed sensitive, objectionable, or harmful.
While it’s not a legislated requirement to have a takedown policy for removing public access to this material, we consider a duty of care to people who access our records. We’ll remove open digitised records from public view online when appropriate, while retaining our commitment to providing reading room access. We’ll act as a liaison with Agencies in cases where the access status of records may need to be reviewed.
Make a request to remove a record from public access
Complete our takedown request form if you believe digital information and records published by Archives New Zealand should:
be taken down
not appear in search results, or
have restricted access.
Complete the takedown request form
Reasons for your request
Your request should clearly highlight the grounds for your request. If applicable, it should also explain your relationship to the records.
Some possible reasons for takedown are:
the record contains personal information and making it available online breaches the Privacy Act 2020, because, for example, it causes a living person serious harm
the record matches one of the reasons to restrict access from our Access decisions guide and the transferring agency agrees to restrict
publishing the record is unlawful under New Zealand legislation, for example, it contains objectionable material as defined in the Films, Videos, and Publications Classification Act 1993
the record has been found to cause harm under the Harmful Digital Communications Act 2015
publishing the record is a copyright infringement
the record is culturally sensitive and making it available online is not appropriate or requires consultation.
Guiding principles
We apply these principles when considering a takedown request.
Access
Our aim is to maximise access to the records we hold. One way we do this is by where possible we Archives Strategy 2057 — Taking archives to the people.
But this principle does not mean we’ll always publish open access records. We consider all principles in this policy. Publishing is only one method of providing access to records. We can provide access in other ways, for example, offering more limited access via a reading room.
Kaipupuritanga and kaitiakitanga
Archives New Zealand is a kaipupuri (holder), of government records and information — including taonga that embodies mātauranga Māori. In line with page 188 of the Waitangi Tribunal’s 2010 Wai 262 report, we acknowledge that ‘Māori are the kaitiaki of their own mātauranga’, the mātauranga knowledge holders and creators.
Te Pae Tawhiti — the Wai 262 work programme identified areas of relevance, including:
enabling kaitiaki to exercise their kaitiakitanga — where possible and appropriate, Archives New Zealand will seek collaborative relationships with kaitiaki connected to any taonga that is the subject of a takedown request
protection of mātauranga Māori — we will give careful consideration of cultural and ethical issues relating to material.
Balancing rights
We’ll consider each request on a case-by-case basis. In doing so, we aim to balance our legislative role of enabling public access to government information with the reasons given in the takedown request.
Good faith
We’ll do our best to provide temporary and permanent solutions in accordance with our technical capabilities and legislated powers.
We’re committed to resolving all requests quickly and amicably, working with the government agency relevant to the records subject to a takedown request.
Context
An outcome of a takedown request may affect the specific records mentioned in the request — or a wider set of related records. Government organisations transfer sets of records and information to Archives New Zealand. Often, for one record to be understood clearly, it needs to be read alongside other similar records. So, the assessment of each takedown request will consider the specific records individually and within the context of similar records.
Evolving terminology
Our holdings include records that contain language and views now considered outdated or offensive. Serving as a reminder of the evolving social landscape, they reflect the era in which they were created and should be interpreted with historical awareness. These records can be confronting and upsetting to some people and do not represent the values of Archives New Zealand.
Transparency
When possible, we’ll openly acknowledge the outcome of a takedown request with a statement available to the public in association with the affected records.
Process for considering online takedown requests
After receiving your request, we follow these steps.
Once you’ve submitted your takedown request, you’ll receive an automated email acknowledging your request, summarising the details and providing next steps.
Our digital preservation specialists will temporarily suspend online access to the record while we consider your request.
The Archives Online Takedown Panel meets fortnightly to consider requests.
We’ll contact you if we need any additional information.
Within 20 working days, we’ll contact you with either a decision on the request or a progress update. Online access to the record will remain suspended until the Panel makes a decision.
Once we’ve reached a decision, we’ll notify you. If you’re not happy with the outcome, you can appeal the decision by contacting our Strategy and Operational Services team.
Possible review outcomes
We’re committed to resolving all takedown requests quickly and amicably. Some of the possible outcomes are:
access to the record via our website is restored
access to the record via our website is restored, but with content warnings added.
access to the record is restricted to one of our onsite reading rooms
the transferring agency restricts access to the record, meaning it will no longer be available for uncontrolled public access, as well as being removed from our website so long as the restriction is in place
the transferring agency restricts access to the record’s metadata, resulting in its description being unavailable on our website
information about the record displayed on our website has content warnings added
access to the record on our website is suspended until an agreed date in the future
access to the record on our website is suspended, with this to be reviewed at an agreed future date.
Read our full Takedown request policy and other related content
The information on this page is a simplified version of our Takedown request policy. You can read the policy in full, as well as related disclaimers and definitions using the links below.
Download the full Takedown request policy
View our criteria and definition of sensitive content
Scope and definitions
The meanings of some words used on this page, in the context of this process, are listed below.
Access
To make digital records available to the public through a variety of possible means, such as:
publishing online
allowing individuals to view the information on computers onsite at one of our reading rooms.
Digital records
Digital records include records that were always digital, such as emails, Microsoft Office files, and so on, and the digitised versions of physical records. It also includes the content of the records — such as image files and documents — and the information that describes the records.
Publish online
To publish a digital record online is to make it possible for any member of the public to find and retrieve the record on websites managed by Archives New Zealand.