People we have engaged with have told us that it would be useful to have information about the rules that record holders need to follow, and guidelines for how they should act.
People say it would be useful because:
We will be improving this section in the future with more detailed information for record holders.
Currently we are providing links to guidance that record holders should read and use when managing and responding to records requests.
The Royal Commission of Inquiry into abuse in state and faith-based care (the Royal Commission) made 138 recommendations in its final report, Whanaketiaopen_in_new, on how Aotearoa New Zealand can better care for children, young people and adults in state (government) and faith-based care.
Recommendations 81-84 of Whanaketia are about how best to collect data, keep records, and share information.
The Royal Commission also made 95 recommendations in its redress report, He Purapura Ora, he Māra Tipuopen_in_new. Recommendations 85-89 of this report are about how to improve records requests and record-keeping.
Archives NZ’s temporary care records protection instruction (the instruction) is a set of rules for government agencies that create, receive or hold care records.
Non-government agencies and local government agencies should use this instruction as guidance.
Archives NZ refers to care records as records that were created about people during their time in the guardianship or care of the State (Government) or faith-based institution.
It forbids the editing, destruction, sale, and disposal of records made about someone who is or has been in the guardianship or care of others, referred to by Archives NZ as care recordsopen_in_new.
This means you must keep and cannot edit or change these records. If you are looking at digitising these records and then destroying the originals, you must first contact Archives NZ to discuss it.
The instruction will remain in force until the Chief Archivist decides it is no longer needed.
Learn more about the temporary care records protection instructionopen_in_new.
Under the Privacy Act, when any organisation collects personal information about someone, people have the right to:
Learn more about how organisations should respond to people’s records requestsopen_in_new.
If your organisation is a government agency, any individual can ask you for official information you hold. This includes:
The Office of the Ombudsman has guidance for government agencies about how to process an official information (OIA) requestopen_in_new, what information you must withhold, and time limits for your response.
The Crown Response to the Royal Commission of Inquiry Office (Crown Response Office) have a guide on how organisations should and should not redact (when information is removed or hidden) records.
This has been informed by the Royal Commission which recommended record holders:
Download the Shared Redaction Guidanceopen_in_new.
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