How do I get my records?

You have a legal right to your records

Any organisation that created or holds records about you, must provide you access to or copies of your personal records once you ask for them.

But there are limited reasons why an organisation might not give you some or all of your records. Learn about exceptions in the Privacy Act and your rights to your records

If you are a survivor of abuse and have made a claim or want to make a claim, you or your legal representative can ask the organisation considering your claim, for a copy of your records.

Learn about how to get your records when you make a claim.

How you request records will depend on who holds your records 

If you know which organisation holds records about you, you can find out how to request your records from them. View a list of record holders.

You might not know the name of the place you stayed in, or the organisation that was responsible for your guardianship or care - perhaps you might only remember that you were staying in a particular area. 

If you are unsure which organisation has records about you, you can:  

• search for the place where you stayed to find out who holds that place’s records 
• read our list of organisations that might hold your records. 

In general, these are the steps to requesting your records 

Step one: Contact the record holder

Contact the organisation that holds your records and ask for access to them.

Under the Privacy Act you have the right to request your records in the way you prefer. For example, you can request your records: 

• by email
• by sending a letter in the post
• by phone
• in person
• using an online form if the organisation has one.

You have the right to request your records without having to use an organisation's form. But it may take longer for the organisation to complete your request.

If your request is urgent and you give reasons for the urgency, organisations have to consider your urgent request. 

Step two: You may need to provide personal information

The organisation may ask for personal information, to confirm your identity and to assist them to find your records. For example: 

• photo ID (as proof of your identity) 
• your full name and any other names you have been known by
• your date of birth 
• details about where you stayed and when. 

Step three: The record holder might ask for more information

The organisation may need to ask you for additional information to help them find your records, such as the full names of your parents, or the names and birth dates of any siblings who may have lived with you.

This is because your records may have been kept within a family file.

Step four: The record holder must respond within 20 working days

The organisation must reply to your request within 20 working days, either to provide your records or to tell you:  

• how long they expect to take to complete your request, and why it will take longer 
• they have no records about you or 
• that they will not give you access to your records and why. 

If the organisation finds records about you, they may redact (hide or remove) some information (for example, details about other people). Learn more about redactions.

If the organisation is sending your request to a different organisation (usually because they do not hold your records), they need to transfer the request and tell you they are doing so, within 10 days of receiving your request.

The organisation your request is transferred to will have 20 working days once they receive the request to respond to it. 

Step five: You should receive access to your records

If there are records, you should get access to them or receive copies of them in the format you prefer. For example:

• digital documents
• paper copies
• audio recordings and other alternate formats. 

Under the Privacy Act you have the right to access your records in the format you prefer, with a few limited exceptions. Learn more about your rights to access records in your preferred formatopen_in_new.

If the organisation does not give a good reason for why they cannot provide your records in your preferred format, you can make a complaint to the Privacy Commissioner.

Learn what kinds of records you might receive. 

You may be able to request records about whānau 

Under the Privacy Act it is usually possible to request records about:  

• living whānau, if you have their written permission 
• deceased whānau, if you are their legal representative (for example, the executor of their will if they made one, or their estate administrator if they did not leave a will). 

Record holding organisations may ask for different things when you make a record request. For example, some organisations may: 

• want a living whānau member to fill out a form if you want to request records on their behalf.
• ask for different forms of proof that you are the legal representative of a deceased whānau member. 

You may also be able to request some information about whānau under the Official Information Act, without needing their written permission or being their legal representative.

If you are unhappy with how long it is taking or how you are treated, you can make a complaint 

Learn about your rights and what you can do if they are not respected.