Archives New Zealand (Archives) is responsible under the Public Records Act 2005 (PRA) for setting standards for public sector recordkeeping and encouraging the development of compliant recordkeeping practices across the public sector.
Sometimes Archives receives complaints about possible breaches of the PRA. At other times Archives might become aware or be advised directly that a public office or local authority has breached a requirement of the PRA. When this happens Archives has a responsibility to determine whether a breach has taken place.
If a breach is confirmed the priority for Archives is to provide guidance and assistance to affected public offices or local authorities to enable compliance with the requirements of the PRA.
To accomplish this, Archives works with the public office or local authority as the best solutions will involve those who understand that business environment– the staff and leadership of the organisation.
Archives can assist in interpreting requirements of the PRA and offers advice and guidance. Archives has a responsibility to help a non-compliant office move into a state of compliance with the PRA, but the greater responsibility is on the affected organisation to implement necessary changes to its processes and policies.
A priority for Archives is that public offices and local authorities recognise the benefits of managing their information and records in compliance with the PRA. Archives’ Risk management guide for disposal of records details the benefits of compliant records management.
Archives’ role helps to identify and remedy the causes of a breach. Archives will rarely be able to change the outcome of a specific incident, and does not have a role in addressing individual grievances. When a complainant seeks a change or resolution to a specific issue or incident this should be addressed through another office or agency (such as by writing to the responsible minister or the Office of the Ombudsman).
Section 31 of the PRA allows the Chief Archivist to direct a public office or approved repository to report on any aspect of recordkeeping or the public records it controls. A direction to report may be issued when an initial investigation identifies a likely breach of PRA requirements. The Chief Archivist can also inspect the records of a public office or local authority under Section 29 of the PRA.
A direction to report complements the constructive approach from Archives and requires a detailed response to specific issues which allows Archives to tailor the advice and assistance given.
While the PRA does include provision for sanctions against individuals and organisations ( see section 62 of the PRA ) there have been no proceedings filed to date.
Public offices and local authorities that are concerned about potential breaches of the PRA should email Archives at rkadvice@dia.govt.nz . Archives can offer advice about the requirements of the PRA and can advise about solutions and how other organisations have dealt with similar issues. If a public office or local authority has questions about the implications of a policy change or managing disparate obligations a public office or local authority should get in touch with Archives.