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Public Records Act 2005

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Public Records Act 2005

The Public Records Act 2005 has been in order to replace the aging Archives Act 1957 and the document and archives section of the Local Government Act 1974. This Act governs the retention and the archiving of documents, and has been updated to reflect the vast changes in technology that have occurred since 1957. It provides a scheme more enabling and less prescriptive than the original.

The objectives of the Act are:

  • to promote accountability between the Crown and public government agencies.
  • to enhance public confidence in records.
  • to protect our historical and cultural heritage.
  • to reflect the country's Treaty of Waitangi responsibilities.

The Act applies to all those in public offices, which includes government departments, SOE's and tertiary training institutions.

It also provides a slightly different scheme for local government.

The Act creates two key duties:

Firstly, to create and maintain full and accurate records in accord with normal prudent business practices and to ensure their accessibility.

Secondly, to ensure that permission by the Chief Archivist is gained before any record of a public nature is destroyed. The Act also continues the practice of audits, which will begin in 2010, and are to be completed every five to ten years for each public office.

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Feedback/Blogs/Reviews from related topic: New Zealand Bill of Rights Act 1990
"I used to hear all sorts of stories about how some officers lie in the course of their work and thought it was probably rubbish. In most cases, officers work with integrity under difficult circumstances. However, I've just had first hand experience of an officer's lack of honesty in relation to a traffic offence. A kindergarten released private information about ourselves and our child to a policeman investigating an incident. They may have done so lawfully, thats a matter for someone else to decide. But then that policeman, on his official jobsheet, outrightly lied and said the information had come from another party (we have proved it did not).
The kindy refuses to tell us the basis on which they felt release of the info was warranted (i.e. the story the officer spun to them), or what information they gave to him. Since the jobsheet was falsified, we cant get it from there either, and we hardly trust Mr Plod to give us an accurate account now, can we?
Are they not obliged to tell to explain their handling of our private information, lawfully or otherwise?
Is there a provision or statute anywhere that allows officers to provide false statements on official documents to cover-up where they obtained information from?

Netlaw replies: We do know of a number of cases where police officers have lied and falsified evidence. We sincerely believe it is very rare in NZ. However, if you have clear evidence of this, not just a difference of opinion, then you must report it to the Police Complaints Authortity as well as the Commissioner of Police."

Feedback/Blogs/Reviews from related topic: New Zealand Bill of Rights Act 1990
"Can the Family Protection Act help 2 kids 11 and 13 to some provision from their fathers estate when there is no will. They live with their mother (divorced from late father) and now his defacto (no children involved) is claiming everything and not willing to make any provision for these children. House and furniture gone to her as purchsed jointly but there is still balance of insurance, super ann. ute, boat and personal effects that could be dispersed to them. At present all they have is hte ACC weekly payment that replaces the child support thir father paid.
Is there anything fathers family can do to get something for his boys? Any thoughts or othe similar experiences??

Netlaw replies: YES. A claim can be made if there is no will. It sounds as if they have a very dtrong case. See a lawyer immediately.

"

"Dear Netlaw,
Our father had a will which was invalidated by a 3-day form of marriage. The woman in question got divorced 1-month before and married our father when he was in a semi-coma and he died 3-days later. The supposed spouse is now applying to be Administrator under the Administration Act and after $121,000 + 1/3 share of remaining property. Could you please advise, do the children (there are 4 of us) have any remedies? Your expertise will be gratefully received and is very much appreciated, thank you.

Netlaw replies: Yes. Children can file a claim under the Family Protection Act 1955 asking the Family Court to provide "further provision" from the will. Our special topic "Family Protection Act 1955" covers the principles.

But in this case, you might also be able to challenge the validity of the new will on the basis of your father's medical condition and possibly on the basis that he signed under pressure."

"Hi
I have a mother who is 80 years old with dementia. We (6 children) don't think she has a will and no EPOA. She has no real assets except $8000 in the bank which is intended for her funeral. Are we likely to run into any problems or major costs if no will exists at her death. Is there anything we could do now to make life easier in the event of her death. I'm guessing if she doesn't have a will now, its probably too late.
Any help would be much appreciated.

Thanks

Netlaw replies - It is too late unfortunately. See a lawyer."

Feedback/Blogs/Reviews from related topic: New Zealand Bill of Rights Act 1990
"My husband and I liked all this information. Keep it up please! Well worth the $45. We have spent so much on lawyers, blast them. I suppose they are necessary but when we see these concepts set out simply by you in Netlaw we wonder what all the secrecy and fuss was about in other matters. "
"I have heard that through the Will I am able to gift up to $27 500.00 of my property per year to some one that I want to inherit without paying gifting fees where do I find a template for this

Netlaw answers: Good morning,

You posted a blog on Netlaw this morning. We reply as follows.

Gift duty is not payable on money or assets which pass under your will. Therefore, you can leave $1,000,000 to someone in your will and it is not classified as a gift.
However, if you wanted to give someone $1 million during your lifetime then that would attract gift duty at 40 cents in the dollar (subject to a more specific calculation about a lesser amount of gift duty in some bands above $27,000) for any amount gifted over $27,000 per year. This is why gift programmes over a number of years have to be set up during the course of your lifetime to avoid or minimise paying gift duty.
But we repeat - money or assets left under a will are not treated as gifts for gift duty purposes. Nor are death duties payable any more. They were abolished well over 10 years ago.

Cheers . . . . Netlaw"

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