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Can I have my records destroyed?

Can I have my records destroyed?

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Last updated: January 11, 2025

The record holder is responsible for the original records 

If you have a copy of your records, then you can do whatever you want with your copy. Get some ideas on what you could do with your copy of your records.

However, it is different with the original versions of your records. In general, you own the information about you in your records, but the actual record (for example, the piece of paper, electronic file, video tape, computer disc) is owned by the record holder.

The record holder might be the organisation that:  

  • created the record or 
  • is now responsible for the record.  

Record holders might have reasons to keep your records 

The law says that organisations must not keep personal information for longer than they need it. 

However, record holders can continue to keep your records if they have a lawful reason to do so. And in some cases, they might be legally required to keep records. 

For example, they might want to keep records:  

  • for supporting evidence if someone makes a complaint against them 
  • in case someone else wants to access them (for example, a whānau member) 
  • in case there is an independent investigation (for example, by the Police or a Royal Commission) into what happened to you while you were in the care or custody of a government, faith-based or other organisation. 

Government record holders are not allowed to destroy care records 

One recommendation from the Royal Commission of Inquiry into Abuse in Care was to stop the disposal of people's records while work is being done to improve practices around records.

So, Archives NZ created:

  • a ‘temporary care records protection instruction’ (the instruction), as well as
  • a ‘care records definition’ (the types of records the instruction applies to).  

Under this instruction, government record holders must not destroy certain types of records about people who have lived in places like children’s homes, institutions, hospitals, schools, youth justice facilities, borstals, foster families, adoptive families, or with whānau and kin.  

This instruction is a set of rules that must be followed by government agencies (including non-government organisations that are contracted by government agencies to provide care services).  

Archives NZ also recommends that other organisations use the 'care records definition’ to help them understand which types of records they should create and look after. 

This includes:

  • identity information - for example:
    • birth certificates
    • medical histories
    • educational histories
    • who the person’s whānau or family are
    • information about their whakapapa
    • reasons why the government or organisation was involved in decisions about their guardianship or care.
        
  • service information, such as information about:  
    • admissions 
    • changes in placements
    • discharges 
    • records of day-to-day activities
    • medical treatments
    • case management plans
    • communications with whānau  
  • recordkeeping information, such as:  
    • how people's records are looked after and what has been done to keep the records safe, accurate and up to date 
    • who has access to the records
    • any changes to the records
    • when the records are transferred to another place
  • complaints and incidents information, such as details about:  
    • allegations and incidents
    • the people involved
    • the investigation and  
    • reports on the outcome and findings
  • organisation information, such as:  
    • the processes, rules and histories of organisations over time 
    • details about staff and caregivers and  
      policies and procedures. 
       

Learn more about what records the care records instruction applies toopen_in_new. 

When the instruction ends there will still be rules on what records can be destroyed 

The instruction currently has no end date. The Chief Archivist of Archives NZ will decide when the instruction is no longer needed, and any new rules.

When the instruction ends, government agencies (or organisations contracted to government agencies) may need to transfer your records to Archives NZ. However, they may be able to give you the original records about you, if they have a Disposal Authority allowing it.

A Disposal Authority is an authority to dispose of records, that is approved by the Chief Archivist of Archives NZ. The most common forms of disposal are: 

  • destruction
  • transfer to Archives NZ  
  • transfer to another archive. 

A Disposal Authority can also allow the transfer of records to the person they are about.