List of Protected Records for Local Authorities
Pursuant to section 40(1) of the Public Records Act 2005 (“Act”), the Chief Archivist gives notice that the classes of local authority information and records specified in this ‘List’ may not be disposed of by the local authority having custody of them without the prior approval of the Chief Archivist, and without notifying the Chief Archivist of its intention to dispose of those information and records, identifying the protected information and record concerned, and specifying how they will be disposed of.
This requirement is in addition to any other requirements that may exist in law for the preservation of local authority information and records. The present list includes only those classes of local authority information and records, which, in the opinion of the Chief Archivist, are worthy of preservation for administrative, accountability, heritage or research reasons.
The Act defines a local authority as:
The Act defines a local authority record as:
“…a record or class of records in any form, in whole or in part, created or received (whether before or after the commencement of this Act) by a local authority in the conduct of its affairs.”
The classes of local authority information and records specified in this notice (unless specifically stated) apply regardless of the media on which they are created and stored. The 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, as the case may be, in written form on any material, or on film, negative, tape or other medium so as to be capable of being reproduced, or by means of any recording device, or process, computer, or other electronic device or process.”
If it is intended to maintain protected information and records in microform format only, the local authority must provide assurance to the Chief Archivist that the information and records will be maintained and be accessible in compliance with international best practice. Guidance on storage and digital preservation is available from Te Rua Mahara o te Kāwanatanga Archives New Zealand (Te Rua Mahara).
If it is intended to retain digitised protected information and records in electronic form only, the local authority must meet the requirements set out in the Contracts and Commercial Law (Electronic Transactions) Regulations 2017. Protected information and records may be digitised and retained in electronic form only under certain circumstances, and guidance on this is available from Te Rua Mahara.
The Local Government Schedule notices by the Chief Archivist published in the New Zealand Gazette of 12 February 1990, 7 October 1991, 8 December 1998 and New Zealand Gazette, 28 August 2013, No. 117, page 3123, are revoked and superseded by this ‘List’. Please note however, this does not nullify the continued protection and preservation of any information and records meeting those previous notices.
Cemetery and cremation services are an essential part of a local authority’s functions and infrastructure. Under the Burial and Cremation Act 1964, local authorities have responsibilities and functions to provide for burials, manage cemeteries and keep cemetery information and records. Under the Local Government Act 2002, local authorities are also required to periodically assess provision of cemetery and cremation services, including the current and future demand and the quality of services.
For some local authorities, this includes information and records that document urupā (Māori burial grounds). Urupā is any land set apart for the purposes of a burial ground under section 439 of the Maori Affairs Act 1953 or from 1993, under section 338 of Te Ture Whenua Maori Act 1993. Information and records held on urupā can also document the affiliated iwi/hapu/marae.
These information and records provide evidence of the use of cemeteries and crematoria and are also of genealogical or local history research interest. They identify individuals buried and cremated at cemeteries within the local authority’s region or district at specific points in time. They act as a finding aid for cemetery plots as well as for locating natural and undocumented burials such as ‘unclaimed’ urns in rose gardens.
Note: Where these ‘protected records’ are incomplete, burial permits and plot payment information and records may need to be retained.
This class applies to a local authority’s monitoring and regulating activities to protect and improve public health and minimise the risk of disease to the community within its region or district.
This includes information and records that document the provision of support and advice for groups in the community, and plans and strategies for the development and/or revitalisation of particular populations, such as, for example, developing holiday programmes for school children.
These information and records provide evidence of and information about the local authority’s role in protecting and improving public health, including community wellbeing and mental health. They also provide evidence of the local authority’s bylaw-making powers under Part 8 of the Local Government Act 2002, particularly for alcohol and animal control purposes.
This class applies to a local authority’s activities to protect current and future communities from injury or loss and to minimise threats to life and property.
This includes information and records that document the development and delivery of community crime prevention initiatives, as well as education and training in civil defence preparedness and hazard reduction. This also includes information and records relating to the local authority’s readiness and response to disasters and emergency events.
These information and records provide evidence of the local authority’s leadership in preventing or reducing the potential community impact of accidents, incidents, disasters and emergencies. They also provide evidence and information about the local authority’s fulfilment of its responsibilities under section 64 of the Civil Defence Emergency Management Act 2002, in planning for and providing civil defence response within its region or district.
This class applies to a local authority’s management of corporate business functions that are common across all local authorities, such as management of communications, public relations, financial services, human resources and information and records systems.
This includes information and records that document the local authorities:
These information and records provide evidence of:
This class applies to a local authority’s management of cultural, recreation and sporting facilities and activities, as well as regional tourism and economic development initiatives.
This includes information and records that document the planning and promotion of arts and cultural heritage projects and events, and the development of innovative business and employment projects or programmes. This also includes what the local community thought about these facilities, activities and initiatives.
These information and records provide evidence of and information about the local authority’s management and promotion of the social, economic and cultural wellbeing of people and communities in its region or district. They also provide evidence the local authority is meeting the purpose of local government stated in section 10 of the Local Government Act 2002.
This class applies to the local authority’s management and administration of the process of electing council members.
This includes information and records that document the conduct of elections, alteration of electoral boundaries, compilation of electoral rolls and electoral and representation system reviews. The general powers given to local authorities under the Local Government Act 2002 apply equally to regional councils and territorial authorities. To avoid services or functions being duplicated, all local authorities within a region are required to agree to protocols for communication and co-ordination (called triennial agreements) covering the period until the next triennial general election of members.
These information and records provide evidence of the process of local authority elections (i.e., those elections conducted under the provisions of the Local Electoral Act 2001 for councils, community and local boards). They also provide information about how electoral representation and boundaries were determined, as well as information of genealogical interest about individuals living in specific areas at specific points in time.
This class applies to a local authority’s management, conservation and monitoring of air, land and water quality, as well as its protection of environmentally sensitive areas, heritage sites, and threatened and native plant and animal species.
This includes information and records that document the development and delivery of projects to conserve and sustain indigenous forests and wildlife, management of coastal marine areas, rivers, lakes and wetlands. Also, the management of flood control or protection schemes, biosecurity, pest management and irrigation schemes, and water races and environmental incidents, including monitoring and enforcement of these.
These information and records provide evidence that the local authority is ensuring that its stewardship and use of its resources in the interests of its region or district will maintain and enhance the quality of the natural environment. They also provide evidence of the performance of the local authority’s obligations under the Resource Management Act 1991, the Reserves Act 1977, and the Soil Conservation and Rivers Control Act 1941.
This class applies to a local authority’s responsibility to establish and maintain systems and processes for democratic local decision-making and representation. The Local Government Act 2002 provides the general framework under which New Zealand’s democratically elected and accountable local authorities operate, empowering them to make bylaws, set and collect rates, and decide which activities they undertake and how.
This includes information and records that document a local authority’s interaction with its constituency and stakeholders, regional collaboration, other local authorities and central government. Also, the development of local policy, both operational and administrative, its application, precedents created, resources allocated, the introduction of services and the raising of revenue.
These information and records provide evidence of the governance, management, high-level organisation and structure of the local authority, including evidence of how the local authority performed its functions and the standards and procedures it used to ensure the quality and consistency of its performance.
This class applies to the establishment, disestablishment, governance, accountability and reporting of council-controlled organisations, trusts or boards established to manage specific functions or activities of a local authority, or commercial enterprises owned, or part owned by the local authority.
This includes information and records that document periodic assessments by a local authority that the expected returns from its investments in, or undertaking of, commercial activities, outweigh the risks.
These information and records provide evidence that the local authority is conducting its business in an open, transparent and democratically accountable manner. They also provide evidence that the local authority’s activities are in accordance with sound business practice and the principles of the Local Government Act 2002.
This class applies to a local authority’s provision of funding and sponsorship to its community, including the mayoral relief fund. This covers all types of local authority funding, including community groups, heritage, business assistance, waste minimisation, etc.
This includes information and records that document the development and management of a local authority’s funding schemes, as well as the level of interest within the community for a particular funding scheme.
These information and records provide evidence of and information about the local authority’s involvement in the economic development and support of its region or district. Applications for local authority funding or grants, whether successful or not, show the local authority’s reach into and interaction with the community.
This class applies to the acquisition, disposal of, development and maintenance of local authority assets such as land and buildings. Local authorities are empowered under the Public Works Act 1981 to acquire and maintain property that is necessary for the performance of their functions. Local authorities are also responsible for performing the functions of a building consent authority under the Building Act 2004. This includes issuing building consents, inspecting building works and issuing code compliance certificates for private and council-owned property.
This particularly includes information and records that document a local authority’s consideration of any implications for or impacts on tangata whenua, mana whenua, and Māori heritage, values and culture, as well as any Memorandum of Understandings, partnership agreements and the principles of the Treaty of Waitangi.
These information and records provide evidence of the local authority’s ownership and administration of property and land, as well as major infrastructure provided to the public. They also provide evidence the local authority is meeting its statutory stewardship obligations and is managing its assets efficiently and effectively in the interests of its region or district.
This class applies to a local authority’s land transport planning and operation function, including the management of safe road usage and vehicle behaviour, regulation of public transport services and the legalising, closing, naming, and numbering of roads.
This includes information and records that document the development of road safety programmes by a local authority as well as bylaws regulating traffic and parking, including as a road controlling authority under the Land Transport Act 1998.
These information and records provide evidence of the local authority’s ownership and administration of land transport, roading and traffic within its region or district. They also provide evidence the local authority is meeting its obligations under the Public Transport Management Act 2008 to provide an affordable, integrated, safe, responsive and sustainable public transport system.
This class applies to the regulation, setting and collection of a local authority’s income through the valuation of rateable land.
This includes information and records that document a local authority’s granting of rates rebates, rates relief or remissions, as well as the process of calculating and assessing district property values.
These information and records provide evidence the local authority is meeting its obligations under the Local Government (Rating) Act 2002 to ensure that rates are set and collected in a transparent and consultative manner. They also provide information about property ownership by individuals and are useful for genealogical or local history research purposes.
Note: For valuations, although local authorities can outsource valuation services, they are obliged to maintain certain information and records, such as registers of territorial authority boundary changes and district valuation rolls, so they can provide information to central government.
This class applies to the development, maintenance and monitoring of any planning and reporting undertaken by a local authority to meet legislated requirements and the current and future management of its assets.
During its decision-making processes, a local authority must consider the views of all the communities within its region or district, taking into account their diversity and interests. In particular, a local authority must consult with Māori on ways to seek and provide opportunities for their participation, as well as enable their contribution.
This includes information and records that document the interactions between a local authority and its community (through the consultation process) in deciding how to manage the land and natural resources of the area, what kind of development activities were permitted and/or controlled, and how those changed over time.
These information and records provide evidence of the local authority’s strategy and planning for the development of the region or district, and the activities it planned to take to perform its functions. They also provide evidence that the local authority is making decisions in the interests of future as well as current communities, in an open, transparent and democratically accountable manner in accordance with the principles of the Local Government Act 2002.
Notes
This notice specifies classes of local authority information and records that may not be destroyed unless prior approval is given by the Chief Archivist.
Explanatory notes approved by the Chief Archivist to assist with interpreting and implementing this notice are available from Archives New Zealand Te Rua Mahara and should be read alongside this list.
Dated at Wellington this 17th day of April 2024.
ANAHERA MOREHU, Poumanāki Chief Archivist.
1. Some of these activities may be referred to by some local authorities as “Environmental health” activities.