Government loans policy
1. The purpose of this policy is to ensure that Archives New Zealand staff and the staff of public offices using the Government Loans Service are aware of their respective responsibilities under s24 of Public Records Act 2005, relating to the temporary return of public archives to a controlling public office.
2. This policy applies to:
a) All public archives held by Archives New Zealand.
b) All staff of public offices requesting the temporary return of public archives through the Government Loans Service.
3. The objectives of this policy are to make clear:
a) The circumstances in which the controlling public office (or a successor to the controlling public office) can request the temporary return of a public archive. For interpretation of ‘public office’ refer to s24 of the Public Records Act 2005.
b) The circumstances in which a third party (a public office which is not the controlling or a successor public office) can request the temporary return of a public archive.
c) The conditions imposed by Archives New Zealand to ensure the safe custody and preservation of a public archive during the time that it is in the possession of the public office.
d) The circumstances in which sanctions are applied if a public office breaches the conditions imposed by Archives New Zealand.
e) Archives New Zealand’s responsibilities in facilitating the Government Loans Service process.
4. The delegated authorities that apply are:
a) Director Holdings & Discovery
b) Manager Research Services
c) Regional Archivists
d) Archivist Government Loans
5. The Government Loans Service operates within the legislative framework of s24 of the Public Records Act 2005.
6. Archives New Zealand will temporarily return a public archive to the controlling public office (or its successor) if:
a) The administrative head (or the staff member to whom this role has been delegated) of the controlling public office (or its successor) satisfies the Chief Archivist (or the Archives New Zealand staff member to whom this role has been delegated) that the public archive is required for administrative use.
b) The administrative head (or the staff member to whom this role has been delegated) of the successor public office specifies how that office is a successor to the controlling public office.
c) The public archive is described and listed to a standard that allows Archives New Zealand to document, track and report on the public archive during the temporary return.
7. In general, public archives will not be temporarily returned from transfers
a) that have taken place less than six months prior and are not fully processed to item level.
b) that are large volumes.
c) that are in fragile condition.
8. Agencies may negotiate the return of public archives with the holding Archives New Zealand office before this period where no alternative to the temporary return of the public Archive can meet the requirements of the public office.
9. Archives New Zealand will only digitally deliver restricted or sensitive records through secure services (e.g. SEEmail). Where secure digital delivery is not possible records will not be delivered digitally.
10. Where a private company transfers public archives, a loan agreement can be negotiated relating only to those archives.
11. Where a private company is retained by a controlling public office and requires the temporary return of public archives an agreement must be agreed to between the holding Archives New Zealand office and the controlling public office in order to facilitate access.
12. Public Archives held by an Approved Repository can be temporarily returned to a Public Office by agreement between the Public Office, the Approved Repository and Archives New Zealand. Archives New Zealand must be notified and agree to any temporary return of Public Archives held by an Approved Repository.
13. Archives New Zealand will impose conditions to ensure the safe custody and preservation of a public archive during the time that it is in the possession of the public office.
14. Archives New Zealand will apply sanctions if a public office breaches the conditions imposed to ensure the safe custody and preservation of the public archive.
Archives New Zealand Staff
15. Archives NZ staff follow the Policy and Procedures put in place to ensure the safety and integrity of temporarily returned Public Archives.
16. Archives New Zealand staff will provide advice and all reasonable assistance in order to ensure that a Temporary Return from an Approved Repository is managed in compliance with the Government Loans Policy and Procedures.
17. The Public Office must comply with all requirements regarding use of the Government Loans service described in this policy and the Government Loan Procedures as well as any additional requirements set out by the Approved Repository.
18. The Approved Repository is responsible for processing requests and maintaining control of records on Temporary Return in compliance with the Government Loans Policy and Procedures.
Related policies, procedures, standards, guidelines, legislation, and/or websites
Last updated on 30 April 2021