Te neke porowhiu
Disposal transfer
Read more about how public offices and local authorities carry out transfer as part of the disposal process, including transfer due to administrative change.
The document identifier for this guidance is 16/G11, and it was approved in October 2024.
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If your organisation is a public office or a local authority, there are 2 main ways you can legally dispose of information and records when they are no longer required. These are:
to transfer them to us or an archival facility or
if they have no archival value, to destroy them.
Before doing so however, you need to follow the correct statutory process.
This guidance provides an overview of the transfer of physical and digital information and records under the Public Records Act 2005 (the Act).
Local authorities
If your organisation is a local authority, your information and records become local authority archives when they are no longer in current use or have been in existence for 25 years or more (whether or not they are still in use). This change also triggers the requirement to classify the public access status of your information and records (that is, whether they should be open or restricted) if this has not already been done.
The definition of local authority archives in the Act includes both ‘protected’ information and records, and information and records that your local authority thinks are worth permanent preservation.
Although the Act does not prescribe a process for formal transfer of local authority archives to a local authority archive facility, it is good business practice to formally document the transfer and change of status. This is particularly important for local authorities that have a shared service arrangement for preserving and managing multiple local authority archives.
Under section 40 of the Act, if a local authority wishes to dispose of ‘protected’ information and records, they may also be directed to transfer them to the control of the Chief Archivist. The administrative head of the local authority and the Chief Archivist will determine the process for doing this, including any conditions.
Read further information about protected records of local authorities
Public offices
If your organisation is a public office, for the transfer process to proceed you need:
a current disposal authority and/or general disposal authority, and
only information and records of archival value and that have a disposal action of: “transfer to Archives New Zealand” can be transferred.
The transfer process is a collaborative effort between us and your organisation.
After 25 years
Under the Act, public information and records of archival value that have been in existence for 25 years must be transferred either to us or, in some cases, to an approved repository. In both cases the information and records are transferred to the “control” of the Chief Archivist.
Before expiration of the 25-year period
You can transfer information and records to us before the expiry of the 25-year period after agreement in writing with the Chief Archivist.
Deferral of transfer
You can also ask the Chief Archivist to agree to postpone or defer a transfer under section 22(b) of the Act. You can only do this if the information and records are covered by a current disposal authority and are still active and required for ongoing business.
The maximum time for deferral is up to five years. After this time, you need to decide if the information and records are still active and required for ongoing business. You can also revoke the agreement if your organisation wants to transfer prior to the end of the deferral period.
The Chief Archivist may choose to impose additional conditions as part of the agreement to defer transfer and these will be documented.
The Chief Archivist will keep a register of deferred transfers.
Access considerations
Under the Act, you must decide on the public access status (that is, if open or restricted) of all information and records that:
are about to be transferred to us or an approved repository or
have been in existence for 25 years.
Read further guidance on making access decisions
Further information in the PRA Section 43
Transfer process
We have detailed internal processes for managing transfers. It’s important that you contact us early in your disposal process to ensure that your transfer runs smoothly.
Transfer between organisations
Transfers of information and records can also occur as a result of administrative change driven by:
new legislation
a change in ministerial portfolios
ministerial directive
a change in government
a merger or splitting, or the establishment or disestablishment of public offices or local authorities.
Administrative change carries risks to the business functions of an organisation and their associated information and records. These risks can be managed effectively by early collaborative planning between affected organisations.
The key principle is that information and records relating to a function are transferred with the function. If you are the receiving organisation, this allows you to manage the transfer effectively and with as little disruption as possible. The information and records of transferred functions can cover all forms of business activities and be in any format.
If your organisation has received transferred information and records, you must advise the Chief Archivist in writing within three months of that transfer.