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Ā mātau taputapu ā-waeture
Our regulatory tools

Regulatory tools we can use to ensure public sector organisations comply with the Public Records Act 2005.

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Direction to report

A direction to report is issued by the Chief Archivist. It's issued when concerns are raised about an organisation’s recordkeeping practices. When this occurs, a notice is given in writing for an organisation to report back on the issue specified. This only applies to a public office.

Directions for estray records

A written direction may be issued to an individual or organisation in possession of a:

  • public record

  • archive, or

  • protected record

that is outside of the control of the Chief Archivist or the public sector organisation that created it. The Public Records Act 2005 (the Act) defines these records as 'estrays'.

The Chief Archivist may also specify a timeframe for inspection of an estray record. In addition, the Chief Archivist may direct an individual or organisation to:

  • manage the estray record under any standards or instructions issued by the Chief Archivist

  • make the estray record available for public access or for copying

  • transfer the estray record to the control of the Chief Archivist within a specified time

  • transfer the estray record to the control of a public office or local authority within the time specified.

Once a written direction is received by an individual or organisation, they must comply with this by law.

Inspection

The Chief Archivist may, after giving notice to a public office or local authority, inspect:

  • public records

  • public archives

  • local authority records

  • local authority protected records.

This may occur if information management issues have been raised by — or in conjunction with — an audit. The Chief Archivist may also inspect estray records.

Audit

An audit programme is regularly carried out on public offices. This is to determine the health of information management in the public sector. Audits are commissioned by the Chief Archivist using independent auditors.

The audit is part of the Monitoring framework.

Find out more about the Audit of public office recordkeeping.

Offences and penalties

It is an offence under the Act to wilfully or negligently damage, dispose of, or destroy any public record — unless it's disposal or destruction is authorised by the Chief Archivist.

Penalties can be imposed on individuals or organisations who fail to comply with any provisions of the Act. Individuals who are convicted of an offence may also be trespassed from our offices and services.