Updates on the disposal moratorium
The disposal moratorium was in place from 28 March 2019 until 11 April 2024. It protected records from disposal that were relevant to the Abuse in Care Royal Commission of Inquiry while the Commission carried out its work. It has been replaced by the temporary care records protection instruction.
11 April 2024
Abuse in Care Royal Commission of Inquiry
The Abuse in Care Royal Commission of Inquiry was established in 2018 and ran until June 2024. It had powers under the Inquiries Act 2013 to require any person to produce documents or provide information to the Inquiry.
Public offices provided documents to the Royal Commission at its request. This information was used to help develop its recommendations which were published in its final report in July 2024.
Read the Abuse in Care Royal Commission of Inquiry final report ‘Whanaketia.’
The disposal moratorium on records relevant to the Abuse in Care Royal Commission of Inquiry
On 28 March 2019, the Chief Archivist issued a General Notice (PDF 71KB) under section 20 of the Public Records Act 2005 (the Act) to put in place a moratorium on the disposal of any records relevant to the Abuse in Care Royal Commission of Inquiry as set out in its Terms of Reference.
The moratorium affected existing general and agency specific disposal authorisations that were issued under the Act.
What a disposal moratorium is
A moratorium is a legally authorised suspension of actions. In this case, the moratorium was on the disposal of public records that may be of interest to the Abuse in Care Royal Commission of Inquiry. No disposal actions could be applied to public records that may be of interest to the Royal Commission while the moratorium was in place.
Disposal of records
Any large organisation will generate a huge amount of information and records as part of their business-as-usual programmes, and it is not practical or desirable to keep it all.
A properly managed disposal programme includes the regular destruction of records that do not need to be kept long term is standard practice. It allows agencies to efficiently maintain business critical records in a state that is easy to find and readily accessible.
The legal process to dispose of records by public offices is mandated by the Act. Under this legislation the Chief Archivist issues an authority to dispose where it is appropriate. Destruction of any kind must not be carried out without authorisation.
Disposal includes all forms of disposal authorised under section 20 of the Act. The moratorium revoked any disposal authorisation that were current while the disposal moratorium was in place for public records relating to the Royal Commission’s Terms of Reference. This meant that no public records that were relevant to the Abuse in Care Royal Commission of Inquiry could be:
destroyed
discharged, or
transferred (either to another agency or to Archives New Zealand)
until the moratorium was replaced.
Learn more about disposal and why it’s part of recordkeeping practice
Why the Chief Archivist implemented this disposal moratorium
Due to the important scope of the Abuse in Care Royal Commission of Inquiry’s Terms of Reference, the Chief Archivist wanted to provide public offices with clear direction. This direction related to the expectations of the information requirements of the Royal Commission. This also provided the public with confidence that the integrity of the Royal Commission and its work were being safeguarded.
The moratorium ensured that relevant records were protected from destruction and were available to the Abuse in Care Royal Commission of Inquiry. It reinforced the Government’s expectations of transparency, accountability and cooperation from public offices.
How long the disposal moratorium was in place
The disposal moratorium was in place until 11 April 2024 when it was replaced with the care records protection instruction.
The care records protection instruction protects public records that are care records from destruction and alteration.
What the disposal moratorium covered
The disposal moratorium applied to all public records, which may have been relevant to the Abuse in Care Royal Commission of Inquiry.
The disposal moratorium did not cover local government
The moratorium did not directly apply to either local authority records or protected local authority records.
The disposal moratorium included State-Owned Enterprises
As stated in section 4 of the Act, all state enterprises as defined in section 2 of the State-Owned Enterprises Act 1986 are public offices.
The disposal moratorium did not directly cover non-governmental organisations or faith-based institutions.
But any records relating to work non-government organisations have carried out on behalf of government agencies were covered.