4.9. > Restricted Records

The access provider should clearly distinguish, for users, which records are open access and which are restricted access. Users should be informed of processes for access to restricted access records.

Government aims for as much openness as possible in access to records, but it must also withhold access to some records, for various reasons. Release of certain information may adversely affect a person's privacy, threaten national security, or prejudice commercial confidentiality or other public interests. Agreements with Māori and others regarding supply of information to government should also be taken into account. Access to some information is subject to fees prescribed in legislation, and associated records may need to be restricted.

For all records held in archival custody, processes should be in place to identify which records are open access and which records have restricted access. Under the Public Records Act, public offices and local authorities are required to classify the access status of all records when they become archives, or when they are 25 years old, whichever is earlier. For public records, any restrictions must be noted in the public access register held by Archives New Zealand.

Access conditions under the Public Records Act 2005 should as far as possible be consistent with criteria in the Official Information Act 1982, Local Government Official Information and Meetings Act 1987, Privacy Act 1993 and other relevant legislation which establish a balance between openness and necessary security. Restrictions should be imposed sparingly. Because sensitivities diminish over time, under the Public Records Act no record can be restricted from public access in perpetuity.

Public offices, local authorities or other depositors are responsible for determining access conditions when archives are classified for access status. For guidance on setting these access conditions see the Archives New Zealand Continuum publication Making Access Decisions under the Public Records Act.

The access provider should communicate any access conditions placed on records to users, and support their implementation by preventing unauthorised access. The reasons for restriction, expiry or review date, agency responsible for access requests, and any use conditions should be clearly stated for potential users in access conditions.

Access to Restricted Records

Users may be permitted to access restricted records. For public archives, this access will usually be through the public office which formerly controlled the record. For local authority archives, the local authority will control access. Consistent processes and clear responsibility for considering requests for special permission to access restricted records should be in place. Individuals might be granted access to restricted records because the public benefit of their research outweighs restriction criteria, or because the records concern the individual and they are entitled to access under the Privacy Act 1993. All requests for access should be considered in accordance with applicable legislation and access conditions.

Where records have been classified as restricted records, the public office or local authority is responsible for dealing with requests for official information under the Official Information Act 1982 or Local Government Official Information and Meetings Act 1987 and requests for personal information under the Privacy Act 1993.

Minimum Requirements

1. All public archives and local authority archives are classified as open access or restricted access.
2. Restrictions on access to public archives are noted in the public access register held by Archives New Zealand.
3. The access provider communicates access conditions to users, and prevents unauthorised access to restricted records.
4. Access conditions clearly state the reasons for restriction, expiry or review date, agency responsible for access requests, and any use conditions.
5. Processes for requesting access to restricted records are communicated to users.