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Unauthorised Sale Of Public Records And Local Authority Protected Records

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The Problem
Government records are paid for by public funds and managed under the Public Records Act 2005. These records contain a wealth of information that enables government to be held accountable and they are of historical interest. When records are sold without authorisation, the public can be deprived of their right of access to information. Buyers and sellers should be sure that government records have left government control lawfully and may be lawfully bought and sold.

How You Can Help
To ensure that New Zealand’s documentary heritage is preserved and made publicly accessible, Archives New Zealand needs your help to safely and securely return any government records that are lost, stolen or have been disposed of without authorisation. They should be returned to their public office or local authority of origin, or to the archival holdings of Archives New Zealand.

What are Public or Local Authority Records Anyway?
The Public Records Act defines a record as “information, whether in its original form or otherwise, including (without limitation) a document, a signature, a seal, text, images, sound, speech or data compiled, recorded or stored… in written form… on film or other medium” (section 4).

A public record or local authority record is any record in any form created or received by a public office or local authority in the conduct of its affairs. Broadly speaking, a record is any documentation or evidence of activity.

What if the Government Threw the Records Away?
Public offices and local authorities are required to follow strict procedures when disposing of records. The Public Records Act and standards issued under it require that the destruction, sale, archiving or other disposal of records happens in line with schedules approved by the Chief Archivist. The lawful disposal of records is therefore documented. Any undocumented claim of disposal for sale may therefore be considered suspect.

What Do I Do if I Find a Government Document Being Offered for Sale?
We ask dealers and collectors to cooperate with us so that all of the historical materials belonging to the archives of New Zealand are returned.

Avoid buying, selling, or trading in historical New Zealand government records that have been lost, stolen or otherwise not authorised for disposal. Email rkadvice@dia.govt.nz or phone us on 04 499 5595 and Archives New Zealand will then assess the status of the records and help to coordinate the return of records.

 

Archives New Zealand has recently posted this blog on the Trade Me website.

If you have any questions about this post please leave a comment or email us at rkadvice@dia.govt.nz.


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