Public Records Bill

I move, That the Public Records Bill be now read a second time. The Government Administration Committee has heard submissions and has proposed amendments that bring greater clarity to the bill. The Government will support those amendments.

My thanks are extended to the select committee, with special thanks to the chair, Dianne Yates. I also thank the archives and record-keeping community, firstly, for its focus in seeking legislative change and, also, for its knowledge and input during the development of this bill. In particular I note the efforts of the late Ian Wards, who I hope would have been very pleased with the progress of this bill to date.

This bill replaces the Archives Act of 1957, which will be safely archived after many years of stalwart service, and the documented archives provision contained in the Local Government Act 1974. The objective of this bill is to improve the standard of Government record-keeping. It will improve the accountability of Government organisations, enhance democratic participation in Government, and contribute to New Zealand’s national identity. Good record-keeping underpins those outcomes and is an essential part of efficient government, as it supports day-to-day operational, legal, and administrative requirements. Put simply, it is good business practice.

Legislative changes such as the Official Information Act, the emergence of new Government agencies and activities, and changes to the day-to-day methods of documenting business have required a change to the tools available to the Chief Archivist to ensure those purposes are met. The impact of email and the Internet, which have eroded traditional record-keeping practices and increased the complexity of recording business transactions, has particularly brought home the need for the change that this bill provides. The bill establishes the record-keeping requirements of public offices and local authorities, and enables the Chief Archivist to help with those requirements by issuing standards of record-keeping.

I would like to touch on some of the amendments recommended by the select committee. The committee has accepted the policy and approach of the bill, but has suggested some valuable amendments. These changes will clarify the requirements of public offices in managing their public records. One amendment is that the Chief Archivist must establish an appropriate framework for the management of public records. Some concern was raised in submissions that the Chief Archivist could consider the management of public records only when making decisions under the legislation, but in requiring an appropriate framework the bill now clarifies that the Chief Archivist must consider good management and compliance costs for public offices in setting the record-keeping framework.

A further amendment clarifies when public records need to be created. Public offices do not need to create and maintain a record of every single happening within the conduct of their business. The amendment notes that the requirement to create records is in accordance with normal, prudent business practice. Although a phone call to a Minister changing the venue of a Cabinet meeting is not required to be recorded, the minutes of the Cabinet meeting are required to become part of the public record. The Chief Archivist will be able to provide standards and guidelines to assist public offices in determining when a record should be created.

Several submissions noted that the penalties contained in the bill were unlikely to deter offenders, and it is good to see that the committee has recommended an increase in the penalty provisions. In response to concerns from the tertiary sector, the committee has recommended clarifying the definition of “public record” to prevent academic and student records from being covered by the bill unless they relate to the business of the university itself.

I would like to address the question of access to records under the bill.

Debate interrupted.

Sitting suspended from 12 midnight to 9 a.m. (Thursday)