Guidelines for record holders

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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:

  • people requesting their records can find information about how record holders should be acting
  • record holders can find resources on how to properly manage and respond to records requests.

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. 

Recommendations for keeping records and sharing information

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. 

  • create and keep full and accurate records
  • record all incidents and the organisation’s responses to incidents (for example, grooming, inappropriate behaviour, abuse, and neglect)
  • maintain records in an indexed, logical, and secure manner
  • only dispose of records according to law or policy (such as records disposal schedules).
  • recognise individuals’ rights to access records about them. This includes their right to records without redaction (when information is removed or hidden) except when required by law 
  • provide specific explanations when you must redact information from records
  • work with people to document their time in your guardianship or care. 

Recommendations relating to redress

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.

  • help survivors obtain their records in as full a form as possible while still respecting the privacy of others 
  • help survivors to understand their records 
  • favour disclosure wherever possible 
  • be consistent as much as possible in what they disclose, irrespective of whether in response to court discovery rules or survivor requests 
  • give specific explanations of the privacy reasons they use to justify withholding information 
  • have the necessary resources to respond in an appropriate and timely way 
  • consider seeking the consent of other individuals before making redactions that would withhold a significant amount of information to protect their privacy.
  • develop guidelines for all institutions on the above points, in partnership with Māori and with the involvement of survivors and institutions
  • complete its work on a policy to streamline the way agencies handle survivor records within six months and this policy should also deal with the preservation of records and the advantages and disadvantages of centralising records
  • urgently review disposal authorities relevant to care records and consider whether to prohibit the disposal of care records until at least the completion of its work on records
  • review care providers’ record-keeping practices, consider whether to set a standard governing what records providers should create and keep, and consider whether those keeping records for care providers should receive training
  • decide whether Aotearoa New Zealand should have a service similar to Find and Connect. 

Temporary care records protection instruction 

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.  

The instruction protects records

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.

Guidelines for responding to information requests

Under the Privacy Act, when any organisation collects personal information about someone, people have the right to:

  • access their personal information and
  • ask for incorrect details in their personal information to be corrected.

Learn more about how organisations should respond to people’s records requestsopen_in_new.

Official Information Act (OIA) request guidance

If your organisation is a government agency, any individual can ask you for official information you hold. This includes:  

  • certain non-government organisations that have been approved to provide care services to Oranga Tamariki  
  • tertiary education organisations  
  • boards of state schools.  

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.

Guidance for how to make redactions

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:

  • recognise peoples’ rights to access records about them. This includes their right to records without redaction except when required by law.
  • provide explanations when you must redact information from records.

Download the Shared Redaction Guidanceopen_in_new