Report on the State of Government Recordkeeping 2021/22
Chief Archivist arrangements
This year’s report on the state of government recordkeeping is fronted by Stephen Clarke, who completed his term as Chief Archivist in October 2022. Anahera Morehu was appointed as Chief Archivist for a period of six months.
Chief Archivist’s Foreword
E ngā Minita, me ngā Kaiwhiriwhiri o te Whare Pāremata – tēnā koutou, tēnā koutou, tēnā koutou katoa.
Information management is the lifeblood of a democracy. Yet as a nation we largely do not see the value of recordkeeping often until it’s too late.
Over the years we have seen myriad examples of the repercussions of inadequate recordkeeping. Inquiries following the Canterbury Earthquakes, Pike River disaster, and through the large-scale government reorganisation of the late 20th century, have revealed poor recordkeeping practices and lost public records. These have all become textbook cases for public agencies on what to avoid in information management.
Our annual audits of recordkeeping often reveal shortcomings in public offices’ information management practices, but it is not often that these are related to the average New Zealander. It tends to take a data breach, or loss of personal information to bring the notion of robust and secure recordkeeping home for most.
There are certainly examples of good recordkeeping practices – particularly pertaining to finance and law – but across the sector we are not consistent in our approach to information management.
Whether we, as a society, value recordkeeping or not, New Zealanders deserve a record of decisions that affect their rights and entitlements. Robust information management in the public sector is a cornerstone of the openness and transparency of the democratic model, affirming evidence of government decision making that results in outcomes across all aspects of the lives of New Zealanders.
Hindsight: A time for reflection
The Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions (The Royal Commission of Inquiry) has highlighted the importance and value of robust public recordkeeping. As at 26 July 2022, more than 1 million documents had been analysed as part of the Inquiry with evidence of thousands of New Zealanders’ experiences captured between 1950 and 1999. Te Rua Mahara o te Kāwanatanga Archives New Zealand (Te Rua Mahara) has been intricately involved in the Inquiry providing information for hearings and collating witness testimonies for further archiving.
When Te Rua Mahara first introduced our Annual Survey in 2020, we discovered considerable gaps in public sector information management systems. At the time, my predecessor rated our public records management on a scale of one to 10 as “more than a five but definitely not a 10”.
Two years down the track and our surveys show the sector has not significantly improved. Yet we are entering what is likely to be the most exciting period of opportunity for information management in the public sector with massive changes in the health, water, and education sectors. How we take advantage of the potential of this opportunity, for data and information for current future generations, however, is still to be realised.
Insight: A time of opportunity
In the health sector, we have just seen the biggest shake up in more than 20 years with the establishment of Te Whatu Ora – Health New Zealand and Te Aka Whai Ora – Māori Health Board, replacing the district health board model. At the time of writing, we were just two months into the new system, and recordkeeping changes are still unfolding. Te Rua Mahara has worked closely with the transition teams. As a result, the foundational formalities of records transfer to Te Whatu Ora – Health New Zealand have been completed and, as outlined in this report, disposal authorisation is in place for its core functions. We will continue to support the new health entities as they work over the coming year to improve their information management systems to support health outcomes and accountability.
This is an enormous opportunity for the health sector to revitalise and streamline its information management systems to benefit not only their internal teams, but all New Zealanders as beneficiaries of their care.
With 20 district health boards now amalgamated we are in a situation where more than 5 million people will be affected by the information management systems implemented, particularly digital records. Health New Zealand can avoid a repeat of the Waikato District Health Board incident by building good practice into the system at the outset so information is secure, retrievable and useable in the future for all stakeholders.
Records are taonga
As the guardian of New Zealand’s public records, we have a responsibility to assist public offices with their recordkeeping frameworks, and ensure each organisation complies with its obligations under the Public Records Act 2005. It’s important that agencies are supported to make informed decisions about transfer and disposal of records. Records are taonga.
It has been 25 years since the public sector began its digital information management journey and it is fair to say that there is still a lack of preparedness for digital archiving across the system.
We are seeing the creation of ‘digital landfills’ across the public sector, i.e. large ‘unstructured data’ and information dumps, often the product of the ‘keep everything’ model of information retention. At the same time, the horizon for archiving is shortening as we move from physical to digital records. Whereas in the past we could safely put a date on information to be archived – seven years for financial records, for example, 10 years for health records; some digital information may be deemed obsolete or worthy of archiving just milliseconds after being created, and waiting 25 years to transfer it to archival storage is no longer viable.
The increase in audio-visual footage is adding to this dilemma. There are petabytes of security camera footage, CCTV, videoed meetings, and online recordings all being added to the overall public record across agencies. The lack of resource to analyse, and archive or dispose of this information is an issue facing many organisations – including Te Rua Mahara.
At present, we do not have the capacity nor resource to accept digital archives from the sector at the required scale, which is an issue that will compound as more information is created. We recognise this is a barrier to compliance for the system and we continue to explore ways to meet this challenge.
The dawn of a new era
From a bricks and mortar perspective, Te Rua Mahara has started a transformational change. In February 2022, construction began on the new state-of-the-art archives repository to include specialist facilities for Te Rua Mahara, Te Puna Mātauranga o Aotearoa National Library of New Zealand and Ngā Taonga Sound & Vision.
It has been an incredible journey with mana whenua Taranaki Whānui Te Āti Awa, codesigning this building with a te ao Māori world view. The new building will be on part of the original Pipitea Pā whenua and it was crucial that the design connected the building to this and acknowledged the people that lived here before.
When the building is complete, New Zealanders will have improved access to view the wide range of taonga we care for on their behalf, and Te Rua Mahara will have more opportunities to enhance the conservation and care of our national taonga and memory of government.
Te Rua Mahara is passionate about records and archival practices and champions the value of robust information management practices, and we continue to initiate improvements for our services. We’ve begun work on a comprehensive appraisal, disposal, and implementation redesign project, assisted organisations grappling with Microsoft 365 information management practices, and are seeking to uplift our strategy and operating model as a regulator.
These initiatives and more will see us seek a more proactive role with the public sector in the 2022/23 year promoting the power of robust recordkeeping. We’ll also continue to work closely with other regulators and standard setters in the public sector. There are several complementary roles that can provide mutual support, as evidenced by the link between ensuring the foundation of IM and improving access to information discussed in the Chief Ombudsman’s recent “Ready or Not? A report on the public sector, the OIA, and the pandemic” publication.
Foresight: Looking to the future
Our archives tell the story of who we are, what has shaped us, where we are now, and how we might step into the future. They play a pivotal role in who we are as a nation. We must always remember as we undertake our duties as public sector information managers and archivists that we are guardians of taonga for future generations. While we cherish our records now, we must also protect these for our users and customers who are yet to be born.
At the core of our nation’s memory is almost 200 years of government information. This body of information provides us with:
Hindsight: the ability to remember, recognise and remediate the actions of the past,
Insight: the basis from which to extract meaning, intelligence, and analysis, for our decision-making now, and
Foresight: the means, evidence, and taonga with which to plan for, and inform our future.
The role of Te Rua Mahara in New Zealand’s future must be recognised and celebrated, so we in turn can continue to protect the lifeblood of our democracy – information management.
Ngā mihi whānui ki a koutou katoa
Stephen Clarke
Chief Archivist
The year at a glance
By the numbers
37: public offices’ information management practices audited
226: public offices and local authorities invited to participate in the annual survey
94%: response rate to the annual survey
Compliance: a snapshot
15: active cases at 1 July 2021 (carried over from 2020/21)
33: incidents that required assessment against the Public Records Act 2005 (the PRA) (in addition to those from 2020/21)
20: assessments closed with satisfactory or required remediation issues raised with the organisation concerned
7: assessments on hold requiring ongoing remediation or support following resolution of the initial issue
6: assessments continuing at the time of this report
Highlights and Trends
The PRA Audit Programme (the Audit programme), part of our Monitoring Framework, shows organisations are still developing in the area of disposal. This has been an ongoing trend over recent years. Capacity and capability needs to improve in Te Rua Mahara and in regulated parties. While most public sector organisations have moved towards a modern digital information model, few have established robust digital disposal systems and Te Rua Mahara is not yet taking digital transfers systematically or at scale. This is resulting in terabytes of information across the sector being maintained regardless of its perceived value to the organisation. Disposal through transfer of physical records is also stalled while new Te Rua Mahara storage is being developed. Internal capability and expertise in information management continues to be an issue for organisations, with both the Survey of Public Sector Information Management 2021/22 and Audit Programme uncovering deficits across the public sector.
Information management software solutions and upgrades are also an issue facing the sector. More organisations are moving to the Microsoft 365 Enterprise suite. When configured well it is a robust information management system, but the ‘evergreen’ and constantly evolving nature of these products require active oversight and vigilance to ensure that the system configurations remain relevant and effective for the user organisation. The Microsoft 365 suite should be adopted with careful configuration to ensure compliance with the Information and Records Management Standard (16/S1) (the Standard) and the PRA. Te Rua Mahara provides guidance to organisations on how to use the software and meet their obligations, with best configuration, correct license agreements and integration with electronic document and records management systems or enterprise content management systems.
Collections Search
Te Rua Mahara is acutely aware there have been performance issues with its Collections Search system since it went live in February 2022, replacing Archway, which needed replacing due to age and a lack of ongoing technical support.
The intent of Collections Search is to make it easier for our customers to access collections, and we accept that this has not always been the case. We remain committed to working with our provider to improve Collections Search to ensure a fully functioning and positive, on-going customer experience as the system is rectified.
The Public Records Act 2005 and Te Rua Mahara o te Kāwanatanga Archives New Zealand
For as long as there have been official governments and magistrates, there have been documents that required conserving and archiving. The Romans established its first public archives in 509 B.C., however it wasn’t until 1794 that the first legislation surrounding the organisation and conservation of archives was established (in France). The United Kingdom created a Public Record Office in 1838 formalising its long history of archival practices beginning with the Master of Rolls in 13th Century England.
New Zealand’s formal archival practices are relatively young in comparison. The Archives Act 1957 established the National Archives, within the Department of Internal Affairs, and a regulatory framework for government archives. Ensuring effective current information and records management across the public sector was not a major part of this legislation. Over the next four decades, technology developed, and legislation and recordkeeping practices were refined. The importance of public access to government information to supporting accountable government was also embedded, notably through the Official Information Act 1982. In 2005, the Archives Act 1957 was repealed and replaced with the Public Records Act 2005, the Act that governs the work of Te Rua Mahara.
The 2005 legislation established the role for the Chief Archivist as the regulator of information created by the public sector. Te Rua Mahara seeks to ensure that information is created and managed well, so that it supports transparency and accountability, the shift to digital government, and the rights and entitlements of New Zealand citizens.
Te Rua Mahara remains the guardian of New Zealand’s public archives. We oversee the government recordkeeping framework, and support and monitor the public sector to ensure each organisation complies with its obligations under the PRA.
Our name in Te Reo Māori, Te Rua Mahara o te Kāwanatanga, means “the repository of the thoughts and memories of government”, and this is exemplified in the range of materials we store and protect that include the Treaty of Waitangi, government documents, maps, paintings, photographs and film.
What the Act does
The PRA provides a regulatory framework for information management across the public sector. Under the PRA, government and public sector organisations are required to create and maintain full and accurate records of their activities. This supports government business and helps to ensure accountability and transparency.
The PRA also establishes the statutory role and duties of the Chief Archivist, which include:
leading information management practices across the public sector
setting standards for public sector information management
authorising the disposal of records when they are no longer required for business purposes
advising and supporting organisations so they can comply with the requirements of the PRA.
Who the Act applies to
The PRA applies to around 3000 public entities, including school boards of trustees (which make up around 2500 of these), to local authorities, public service agencies, tertiary education entities, Ministers of the Crown and State-owned enterprises. The services delivered and functions performed by these entities varies widely, as does the range and complexity of the information generated.
The importance of our role as regulator
We are the government regulator, under the PRA, of information created by the public sector. With the shift to digital technologies, our role is even more important as we assist public sector organisations to understand best practice methods of digital records creation, accessibility, preservation and archiving.
The Chief Archivist issues standards for public and local authority records under section 27 of the PRA. The Information and Records Management Standard is mandatory across the public sector.
Our Monitoring Framework helps us to understand information management practice across the public sector. It includes an Annual Survey of public sector information management, the Information Management Maturity Assessment, and our Audit Programme (providing a point-in-time view of information practice within an organisation). This framework helps us to focus on the right areas of assistance, guidance and intervention.
The Audit Programme 2021/22
Introduction
The audit programme of Te Rua Mahara is a cornerstone of our Monitoring Framework, complementing the annual survey of public sector information management. Audit provides a point-in-time snapshot of the state of recordkeeping of individual public offices. The audit identifies the maturity levels of an organisation’s information management practices and generates actionable recommendations for improvement.
2021/22 was the second year of our refreshed audit programme with audits of 37 public offices conducted under section 33 of the PRA between July 2021 and June 2022. The COVID-19 pandemic lockdowns forced Te Rua Mahara and our auditors, Deloitte and KPMG, to vary the approach to our audit programme, with audits successfully undertaken by remote engagement in some cases. Most public offices were well set up to provide information electronically and meet with our auditors virtually. The move to digital information management has reduced the number of physical records held within public offices. Since the previous audit programme finished in 2014/15, many organisations now do not have significant amounts of physical records on site – with the exception of District Health Boards.
This year saw the final audits of individual District Health Boards within the PRA audit programme. With the transformation of the health sector, they have now been superseded by Te Whatu Ora - Health New Zealand and Te Aka Whai Ora - Māori Health Authority. Both these new entities are subject to the PRA and will be added to future audit schedules.
Audit scope and methodology
Although the role of Te Rua Mahara as regulator includes 3000 public offices and local authorities (the total skewed by the c. 2500 Schools Boards of Trustees), the scope of the audit programme is narrower. Local authorities are not included in the audit mandate under the PRA. The current programme is not yet sufficiently resourced to extend audits to schools and Ministers of the Crown.
Overall, the audit programme covers more than 200 public offices. The key audit contact within each organisation is the Executive Sponsor, the person in the organisation who has strategic and executive responsibility for overseeing its information and records management. Ahead of an audit, organisations are asked to complete the Information Management Maturity Assessment. This self-assessment gives an understanding of the areas and questions that will be covered in the audit.
PRA audit process
The audits are based on the requirements of the Standard and the PRA, as represented by the Information Management Maturity Assessment.
The audit programme assesses the maturity of information management practice across 20 topics grouped into eight categories: governance, self-monitoring, capability, creation, management, storage, access, and disposal. Using this assessment provides a basis for workable recommendations for improvement to be made and measured. A simplistic compliance “pass or fail” approach would not be helpful, given the complexity of information management in the government context and the widely varying size, functions, and structures of public offices. Measuring maturity across a broad range of important components allows targeting of areas for improvement.
Independent auditors conduct onsite and/or virtual audit activities including interviews, focus groups, and storage assessments of physical and digital records (as appropriate). The auditors meet with the Executive Sponsor, specialist staff, general staff members and contractors.
Maturity trends in 2021/22
Audits assess the maturity level of each organisation’s information management practice in each of the 20 topics. The maturity ratings are Beginning, Progressing, Managing, Maturing, and Optimising. Managing is broadly meeting the minimum requirements expected under the mandatory Standard.
Of the 37 public offices that were audited in the 2021/22 year, 19 audit reports had been released at the time of publication. The other 18 audits had completed the onsite audit component during 2021/22 and were moving through final report development. Within the 19 published audits, just three organisations achieved an Optimising maturity rating across any topics.
From audits finalised so far this year, the Commerce Commission of New Zealand emerged as the standout performer achieving a rating of Managing or higher for 17 out of 20 topics (85%). Most organisations, however, are operating at the Beginning or Progressing levels and, for many, significant improvements are required to achieve a higher rating for their management of information and records.
Maturity by category and topic
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Figure 1 description
This bar graph shows the percentage of topics in which public offices are at Managing maturity level or higher. To be at Managing is to broadly meet the minimum requirements expected under the mandatory Standard. The majority of public offices from the 2021/22 cohort have less than 50% of topics at Managing or higher. 6 public offices achieved 50% or more topics at Managing or higher.
For the 2021/22 audits released to date, the most mature topic is once again storage requirements, with 47% of organisations at the Managing level with appropriate storage requirements, 16% of organisations are at Maturing and just one organisation at Optimising. This is closely followed by the information management policy and processes topic from the governance category with 47% of organisations at Managing and 11% at Maturing.
Disposal topics continue to be problematic for most organisations audited, with 74% only at Beginning level in their transfer of information to Te Rua Mahara. 68% at Beginning when implementing disposal and 58% with no current organisation-specific disposal authority. This is to be expected. Systems, processes and regulation to support lawfully correct disposal of digital records at scale are still not yet embedded across the system. Physical records transfer to Archives is also restricted while new storage is developed.
Governance
Within the Governance category, Te Tiriti o Waitangi (Topic 6), outsourcing functions and collaborative arrangements (Topic 5) and information management strategy (Topic 1) were found to be the most challenging for those audited. Most organisations rated as Beginning or Progressing in each topic.
In contrast, the organisations audited have had more success in establishing information management policies and processes (Topic 2) and in integrating information management into business processes (Topic 4) with most achieving a maturity rating of Managing or above.
Self-Monitoring
The 2021/22 audits continued the trend seen last year with most organisations achieving a Beginning or Progressing maturity rating for self-monitoring. As there is at least a five year gap between audits, it is imperative that organisations become more accustomed to self-monitoring their information management. The introduction of the Information Management Maturity Assessment tool should assist with this.
Capability
Internal capability continues to be an issue for many organisations. Information management is an area that requires specialist expertise, yet too few organisations have specialist staff. The 2021/22 audit found most organisations were at Progressing in their information management specialist capacity and capability (Topic 8) and in general staff awareness of their information management roles and responsibilities (Topic 9) at (47% in both topics).
Besides employing specialist staff, smaller less complex organisations can improve in this area by upskilling existing staff or seeking external specialist information management services.
Creation
While 42% of organisations achieved maturity ratings of Managing or Maturing in their creation and capture of information (Topic 10), the related high value / high risk information (Topic 11) appeared to be an area of concern for the organisations audited in the 2021/22 year, continuing the trend from last year. More than half the organisations were rated in the Beginning or Progressing stage of identifying high value and high-risk information. This is a crucial area of analysis for organisations as they improve the way information is managed within their organisations and one that requires senior leadership and executive oversight.
Management
Most organisations were at Progressing for requirements built into technology systems (Topic 12), information maintenance and accessibility (Topic 14) and business continuity and recovery (Topic 15). As with last year’s audits, the integrity of information (Topic 13) was an area where most organisations were rated Managing or Maturing with information management controls in place to maintain the integrity, accessibility and usability of information.
Storage
Appropriate storage arrangements (Topic 16) had the highest maturity level of all topics last year. In the 2021/22 audits, 68% organisations were rated Managing or above in their storage arrangements, with just under a third of organisations Progressing in this area. Good storage is important for information protection and security. Appropriate storage arrangements for both physical and digital information means that information remains accessible and usable for as long as it is required for business and accountability purposes. It also complements the implementation of disposal.
Access
Ongoing access to and use of information allows staff to do their work and the public to hold government accountable. It is expected that public offices will have mechanisms for finding and using information efficiently. Information and data sharing between public offices and external organisations should be documented in specific information sharing agreements that are monitored.
The 2021/22 audits found just over half the organisations were at Progressing maturity for information access, use and sharing (58%). Only six organisations were rated at Managing maturity or above. Not one organisation audited had reached Optimising maturity in this topic.
Disposal
As with 2021/21 audits, disposal featured prominently as an area for improvement across every organisation audited in 2021/22. Government organisations have access to the General Disposal Authorities GDA6 and GDA7 and are also expected to have disposal authorisation for their organisation’s core functions. More than half the organisations audited were at Beginning maturity for a current organisation-specific disposal authority (Topic 20). Just a quarter of organisations achieved a maturity rating of Managing. There are multiple causes of low disposal maturity, including the suspension of physical transfers to Te Rua Mahara while new storage capacity is developed and the ongoing challenges of digital transfers. Despite these barriers, the implementation of other disposal activities, notably authorised destruction, is still beneficial.
In keeping with last year’s results, the maturity ratings for implementation of disposal decisions (Topic 21) and transfer to Archives (Topic 22) were the lowest across all topic areas, reaffirming that disposal using GDAs or the organisation-specific disposal authorities is not happening.
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Figure 2 description
This stacked horizontal bar graph shows the distribution of maturity levels by topic. Across topics, there is a high representation of Beginning and Progressing maturity. The data shows Transfer, Disposal and Te Tiriti are topics in which most organisations are at Beginning or Progressing maturity levels.
Figure Note: The topic Transfer to Archives New Zealand was not applicable in the audit of the Real Estate Agents Authority.
Maturity by public office
Best Practice: Commerce Commission of New Zealand
The Commerce Commission of New Zealand (the Commission) stood out among those public office audits completed to date in 2021/22 for its high levels of maturity, particularly in governance.
The audit of the Commission involved reviews of selected documentation, interviews with selected staff, including the Executive Sponsor, information management staff, the information technology team, and a sample of other staff members from various areas of the Commission. Due to COVID-19 restrictions at the time of the audit, KMPG conducted the audit remotely rather than in-office.
The Commission implemented its comprehensive information management strategy in June 2021. This was developed by the Executive Sponsor and a dedicated information management governance group, the Information Service and Security Governance (ISSG) Group. The strategy considers the implications of organisation-wide risks, which are documented in the Information Security Operational Risk Register. The ISSG receives monthly reports from the Knowledge and Information team that highlights and discusses information management issues and initiatives and provides support in addressing issues as they arise.
Information management is considered an organisation-wide role and capacity is considered as part of the Commission’s annual budget process. Responsibilities are clearly communicated to all staff and contractors through induction and refresher training and are further discussed as part of staff performance reviews.
The Commission’s audit reinforced the important role of the Executive Sponsor in promoting information management within an organisation. The auditor found that the Executive Sponsor actively promotes the value and importance of information management to the senior leadership team and the wider organisation and creates opportunities for the Knowledge and Information team to communicate directly with the organisation. Staff interviewed noted that the Knowledge and Information team are considered trusted partners throughout the organisation. A crucial point of difference was the level of networking undertaken by the Commission’s Executive Sponsor, meeting regularly with Executive Sponsors from other organisations to share experience and knowledge in information management.
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Figure 3 description
This stacked horizontal bar graph shows the distribution of maturity levels by public office. For the 2021/22 Audit cohort, there was high representation of topics at the Managing or Progressing level. To be at Managing is to broadly meet the minimum requirements expected under the mandatory Standard. Only 3 public offices have achieved Optimising maturity. They are: The Commerce Commission, Office of the Ombudsman and the Privacy Commissioner. The Commerce Commission has 3 topics at Optimising – the most of the 2021/22 cohort.
Note: The topic Transfer to Archives New Zealand was not applicable in the audit of the Real Estate Agents Authority.
Follow-up after audits – 2021/22
Improving information management within an organisation is a continual process and there is a huge variance in the maturity levels of New Zealand’s public offices. It has only been two years since Te Rua Mahara reintroduced the PRA audit programme and introduced the Information Management Maturity Assessment. Feedback to date has been positive with public offices reporting the experience motivated them to reflect on and improve their practices internally.
The process
Te Rua Mahara provides follow-up with organisations audited within the year. After an audit, an organisation receives a final audit report and letter from the Chief Archivist that prioritises areas for improvement based on the auditor’s recommendations. A follow up discussion about the audit process is also offered.
Each organisation is then tasked with producing an action plan that sets out a schedule of activities that the organisation will undertake to address these priority recommendations. The organisation has six months to submit the action plan to Te Rua Mahara.
Te Rua Mahara meets with each organisation six months after the action plan is produced and then after another year to assess improvements made based on the recommendations and to assist with implementing changes. These ‘check-ins’ conclude two years after the organisation’s audit.
Public offices audited 2020/21
Of the 31 audited organisations (30 audits as Wellington Institute of Technology and Whitireia Community Polytechnic were audited together) 26 action plans to address the prioritised recommendations have been received.
The Health Research Council, New Zealand Film Commission and Drug Free Sport New Zealand are yet to submit their plans. The Waikato District Health Board is no longer a separate public office and will not be providing a plan.
Public offices audited 2021/22
37 organisations were audited and to date 5 action plans have been received with none overdue.
The action plans are followed up with meetings after six months to discuss activity against the prioritised recommendations. These meetings are progressing to plan with many coming due in the later part of this year. Generally, organisations are engaged and working through their actions as scheduled.
Annual Survey
In 2021/22, Te Rua Mahara conducted its fourth survey of information management practices in public offices and local authorities. We surveyed 226 public sector organisations and had a 94% response rate, with only the 12 organisations listed below not responding. Public offices are required to respond by a Direction to Report under section 31 of the PRA. As section 31 does not cover local authorities, these are invited to complete the survey. Survey questions were derived from the monitoring criteria from our Monitoring Framework and questions related to risks, challenges, opportunities and emerging trends in the field.
Data and analysis of survey responses can be found in the separate Findings Report. The report includes four sections:
Key indicators
Governance, capability and self-monitoring
Creation and management
Disposal
Information management environment
Highlights from this year’s responses include:
61% of responding organisations had formal governance groups for information management (1% increase from 2020/21 survey)
60% of responding organisations had built information management requirements into their business systems (52% in 2020/21 survey)
The most common response among responding organisations was having either one or less than one staff member dedicated to IM. Organisations with fewer than 100 FTE commonly have no IM staff.
Identifying high-value and/or high-risk information has remained generally static in the last three years.
39% of responding organisations reported they had identified records with te ao Māori value (compared to 35% in 2020/21).
57% of responding organisations reported doing authorised destruction of physical and/or digital information compared to 56% in 2020/21.
Raw data from the survey will be published on data.govt.nz.
List of non-respondents (A-Z)
Grey District Council
Kawerau District Council
Manawatu District Council
Matamata-Piako District Council
Napier City Council
New Zealand Forest Research Institute Limited (SCION)
Northland Regional Council
Southland District Council
Te Wānanga o Raukawa
Timaru District Council
Wairoa District Council
Waitaki District Council
Our other regulatory work in 2021/22
Compliance trends in 2021/22
Te Rua Mahara seeks to ensure New Zealand’s public offices and local authorities comply with the PRA and maintain robust, accountable and transparent recordkeeping. We champion information management best practice and providing guidance and advice on good recordkeeping.
How we find out about potential non-compliance issues
There is a variety of ways that Te Rua Mahara may be notified about a potential breach of the PRA or the Standard. These can include:
self-reporting from a public office and / or local authority
indirect - notification from Te Rua Mahara staff members working in other areas
media reports and proactive monitoring / environmental scanning by Te Rua Mahara
referrals from external regulators, such as the Office of the Ombudsman Tari o te Kaitiaki Mana Tangata.
We assess each case of potential non-compliance against the Standard, and the requirements of the PRA. Cases of non-compliance offer an opportunity for business improvement. Our response is not punitive.
We continue to work closely with the Office of the Ombudsman Tari o te Kaitiaki Mana Tangata on issues. Under section 28(6) of the Official Information Act 1982 and section 27(6) of the Local Government Official Information and Meetings Act 1987, the Ombudsman may notify the Chief Archivist when an information request has been refused by an organisation for reasons relating to information management. The relevant teams in our organisations work together to ensure coordination of what are often overlapping issues.
Over the 2021/22 year we followed up on 33 new incidents, and continued to assess 15 active cases from the 2020/21 year.
Non-compliance themes
2021/22 were:
failure to create and maintain records
access to information
missing records
unauthorised disposal.
When assessing the notified incidents, often more than one theme of non-compliance was involved.
Case study - Government Loans Service
The Government Loans Service allows public offices to request the temporary return of public archives from Te Rua Mahara for administrative use under section 24 of the PRA. Conditions, including penalties, are set for these loans. We follow up on breaches of these loan conditions, which may include failure to return the archive on time, loss, alteration or damage to an archive, or unauthorised on-loaning archives.
In 2021/22, we recorded several small-scale breaches of loan conditions including archives returned without the accompanying coversheets and order forms, and a case where Post-it® notes had been applied to three archives. We investigated one incident of a government organisation losing an archive. In this instance, the Department of Conservation (DOC) lost a unique archive related to a South Auckland Land District wildlife management reserve (Lake Serpentine) dating from 1972 through to 1986. The loss of this irreplaceable archive means that it can no longer be consulted for rights and entitlements purposes, or for general research purposes. In addition to issuing a penalty of $2000 to DOC for the loss of the file, Te Rua Mahara is working with DOC to improve its loan management procedures to ensure these align with our procedures and ensure losses of public archives do not re-occur.
Immigration New Zealand – Direction to Report
Issue
Richard Small, the Director of Pacific Legal, contacted Te Rua Mahara regarding issues related to recordkeeping at Immigration New Zealand (INZ). The concerns raised included the following:
issues that had been previously reported to Te Rua Mahara
INZ’s recordkeeping practice surrounding Pacific Legal’s clients’ visa applications
recordkeeping practice for managing digital recordings of interviews
data entry in INZ’s Application Management System.
The issues Mr Small raised appeared to mirror the legacy issues about which previous Chief Archivists had made recommendations to INZ for recordkeeping improvement. In December 2021, under section 31 of the PRA, a Direction to Report to the Chief Archivist was issued to the Ministry of Business Innovation and Employment (MBIE). The Direction was made up of 11 questions seeking information about the recordkeeping concerns, and requested information related to the current procedures for recordkeeping training and guidance on offer to INZ employees.
Outcome
A full and detailed response was received from MBIE / INZ in 18 February 2022. The information provided highlighted that INZ had lacked robustness in some information management and recordkeeping practices and in ensuring oversight at a senior governance level.
Te Rua Mahara assessed the issues and made nine recommendations to INZ to uplift its compliance with the PRA and the Standard. A majority of the recommendations are targeted towards INZ’s current recordkeeping guidance and Information Management (IM) governance arrangements. Improvements in these areas were seen as the most effective way of lifting INZ’s compliance with information management requirements. Other recommendations centred on resolving an outstanding legacy issue, firming up INZ’s disposal implementation process and ensuring that IM requirements are at the forefront of the roll-out of a new interview recording project. MBIE has accepted all 9 recommendations and Te Rua Mahara has planned two six-monthly check-ins to see how the organisation is progressing.
Ministry for Pacific Peoples – Use of messaging app Signal
Issue
Te Rua Mahara received an anonymous report of concern in October 2021 about the recordkeeping practice being used by the Minister and senior officials of the Ministry of Pacific Peoples (MPP) when using the messaging app called Signal. Te Rua Mahara contacted MPP requesting details of:
its policies and processes, and whether MPP has measures in place specifically for capturing, storing and maintaining records produced on messaging apps
whether the reported use of Signal by the Minister was in the capacity as a Minister or as a Member of Parliament (the latter would not be covered by the PRA)
what actions were intended to be taken regarding the use of Signal by senior officials to ensure that records are created and maintained in line with the PRA and the Standard’s minimum compliance requirements
any other information MPP may feel relevant to the assessment.
Outcome
A response from MPP was received in February 2022. MPP advised that Signal had never been used as a communication channel for formal decision making or discussions between senior officials, or between senior officials and the Minister. As a result of the complaint and as part of a wider programme of work targeted at raising MPP’s information management maturity level, MPP is creating policies and procedures to address the issue of using technologies such as Signal.
After assessing the response, Te Rua Mahara was satisfied that MPP was taking appropriate steps to address the use of Signal and ensure that it is complying with both the PRA and the Standard.
Te Rua Mahara closed the assessment process in May 2022 recommending that MPP incorporate text messaging and other communications guidance in the development of their policies and procedures.
Stratford District Council – Meeting Minutes
Issue
The Office of the Ombudsman contacted Te Rua Mahara in November 2021 with a report of a potential breach of the PRA and the Standard by Stratford District Council (SDC). The recordkeeping concerns were related to minutes of a meeting which included the complainant and SDC staff. SDC was unable to provide any documentation related to this meeting occurring when asked for it under the Local Government Official Information and Meetings Act 1987 (LGOIMA).
Te Rua Mahara requested information from SDC including:
Whether SDC had guidance for staff regarding recording notes of meetings. If not, how would SDC ensure that accurate notes were created and maintained in accordance with PRA and the Standard?
Was SDC planning to make any changes to their processes around recording notes of meetings?
Outcome
Te Rua Mahara received a response from SDC in December 2021. SDC advised that while information management was covered by existing policies, staff induction and ongoing training, it was planning to make further improvements in 2022 to its current recordkeeping processes to avoid this re-occurring. Te Rua Mahara concluded that while there was a failure to uphold recordkeeping obligations, the assessment would be closed as SDC were taking reasonable steps towards improvement.
Auckland Council – Protected trees information
Issue
The Tree Council contacted Te Rua Mahara in November 2021 to report a potential breach of the PRA and the Standard by the Auckland Council. The Tree Council was having issues obtaining information from the Auckland Council under the Local Government Official Information and Meetings Act 1987. Recordkeeping issues highlighted included:
Numerous incidents where protected trees included on the Notable Trees Schedule 10 of the Auckland Unitary Plan had been illegally removed and Auckland Council had not taken any enforcement action.
The Tree Council had previously requested access to five years of information but were only provided with three.
Te Rua Mahara contacted Auckland Council in December 2021 requesting further information:
Had there been a change of system at Auckland Council which made three years of information easier to provide than five years of information as the Tree Council had asserted?
What policies and procedures did Auckland Council have in place to ensure that it was meeting minimum compliance requirement 3.3 of the Standard?
A description of the records involved, for example, were they physical digital or both?
Outcome
Auckland Council provided Te Rua Mahara with a response in 8 March 2022, which included:
Tree data is recorded in a digital format, stored in SAP and GeoOps and within the Council’s electronic folder system.
Auckland Council did not have the ability to provide information for five years related to each tree incident that had occurred as this would have required substantial collation and research. This information was refused under section 17 (f) of LGOIMA and refinement of the request was approved by the Tree Council.
After assessing the response from Auckland Council, Te Rua Mahara closed the assessment and provided the following recommendations:
Regular testing should be carried out to verify that the IM systems can locate information and records
Ensure that all appropriate metadata is loaded on the system to ensure that information and records are findable, useable and accessible.
Department of Corrections, Southern & Canterbury District Health Boards
Issue
In December 2021 Te Rua Mahara became aware of a potential case of non-compliance with the PRA and the Standard at the Department of Corrections. This was discovered through environmental scanning of the media. Corrections and the Southern DHB had been asked to apologise to the family of a teenager who died of a suspected suicide in prison. The recordkeeping issues which were highlighted in the article included inadequate transfer of information between Corrections, Southern and Canterbury DHBs. This was due to Corrections and the Southern DHB using different systems for recording information.
Te Rua Mahara contacted Corrections, and Southern and Canterbury DHBs requesting further information including:
What governance mechanisms were in place to ensure that information transfer between Corrections and DHBs was monitored as fit-for-purpose?
Outcome
The responses from all three organisations involved noted that earlier recommendations from the Health and Disability Commissioner’s advice had been accepted. All three organisations had implemented action plans to ensure that the same incident does not occur again. This involved having regular governance meetings, updating their policies, and procedures and working on service level agreements across the country. Te Rua Mahara concluded that these actions were an appropriate response to the issue and closed the assessment.
Sector changes
Organisational change in the public sector is a constant. The country’s 16 Institutes of Technology and Polytechnics are being merged into the newly formed entity Te Pūkenga by 1 January 2023. The introduction of Te Whatu Ora – Health New Zealand and Te Aka Whai Ora – Māori Health Authority replaces the district health board model. Proposals are underway to create four publicly-owned water services entities under the Three Waters Reform Programme.
Information management during organisational change
From the perspective of Te Rua Mahara, organisational change requires careful consideration of information management, the control of transferred records and the management of disposal authorisations across the impacted public offices and local authorities.
Disposal authorities help public offices determine how to dispose of their information and records. Traditionally there have been different types of disposal authorities including general disposal authorities and organisation-centric or sector-based disposal authorities, which have been used to provide this disposal coverage.
When an organisational change takes place, a new disposal authority usually needs to be established. Each year staff at Te Rua Mahara assist public offices with documenting the transfer of records during functional shifts and establishing new disposal authorities as part of our regulatory function.
In an effort to help manage some of the disposal implications arising from organisational change, Te Rua Mahara began working on functional disposal authorities (FDAs). These represented a new disposal model in which similar functions of organisations are incorporated into a functional disposal authority that could be applied across multiple agencies. This FDA model was first piloted with the DHBs with the establishment of three broad FDAs to provide disposal coverage across their functions:
FDA1 – Clinical Health Care
FDA2 – Health Administration
FDA3 – Populations Health and Wellbeing.
This has proved to have been timely with the disestablishment of the DHBs and the creation of Te Whatu Ora – Health New Zealand and Te Aka Whai Ora – Māori Health Authority taking place on 1 July 2022. This is the biggest health reform New Zealand has experienced in more than 20 years and has some significant implications for the future of information management across the health sector. However, rather than needing to develop a new disposal authority, Te Whatu Ora – Health New Zealand has been able to adopt the existing FDAs because the functions remain the same as they were when delivered by DHBs.
Changing our approach
The restructuring of the health and tertiary training sectors will likely see changes in the way Te Rua Mahara supports and audits these sectors in the coming years. This may influence our approach to other large, complex organisations with a distributed nationwide presence.
For example, Te Pūkenga – New Zealand Institute of Skills and Technology will have multiple sites nationwide and a complex inheritance of systems from previously distinct institutions. This will likely require some tailoring of the audit process.
The establishment of Te Whatu Ora – Health New Zealand and Te Aka Whai Ora – Māori Health Authority means that we will no longer audit district health boards. The breadth and complexity of the new organisations will require a distinct audit approach.
Te Rua Mahara is working closely with the new health entities as they work over the coming year to consolidate their records and evolve their IM systems to support national health outcomes and protect public health records. This work will inform our approach to supporting and auditing Te Whatu Ora and Te Aka Whai Ora in the future.
Update on the Royal Commission of Inquiry into Historic Abuse
Te Rua Mahara has continued its critical role in enabling access to a vast amount of records for the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions Te Kōmihana Karauna mō ngā Tūkino o Mua ki te Hunga i Tiakina e te Kāwanatanga i Tiakina hoki e ngā Whare o te Whakapono (The Royal Commission of Inquiry).
Te Rua Mahara took an early decision to enable access to information by digitising and providing digital copies of the archives requested by the agencies involved in the inquiry. In the 2021/22 year Te Rua Mahara dedicated a Royal Commission team that reviewed more than 2 million database entries likely to be of interest to this inquiry and assessed the classifications and access rights. Through the process, we became aware that some records transferred to Te Rua Mahara prior to the introduction of the Privacy Act may have had open access classifications. Accordingly, more than 700,000 of these records were reclassified to restrict access in line with modern privacy expectations.
Over 4000 records, comprising more than a million individual scanned images, were digitised for the inquiry. We have implemented a standardised approach for efficient document transfer and safeguarding information. Watch a video showing how we find, process, and securely provide information for the inquiry.
Te Rua Mahara is acutely aware that each piece of information relates specifically to a person’s real-life experience. It is not simply a case of ensuring compliant recordkeeping. We are a key part of the records design work underway by the Crown Response Unit – as detailed in the Cabinet paper entitled “Responding to the Royal Commission into Historical Abuse in Care’s redress findings – Immediate projects to improve survivors’ experience of seeking redress”. Established in 2019 within Oranga Tamariki, the Crown Response Unit oversees the Government’s response to the inquiry and coordinates agency responses. We are providing expertise to the Crown Response Unit’s complex design work around accessibility, support, and cultural requirements of diverse survivors.
We have listened closely to the evidence from the hearings facilitated by the Inquiry and reflected on the implications for recordkeeping. As members of the Crown Response Records Working Group, we are exploring how improved access to information can facilitate the creation of personal and collective narratives, truth telling, identify and empowerment. Information creation and management is regarded as a critical part of the care approach rather than simply a compliance exercise. Sometimes these records are the only place where survivors of the care system are able to source information about their backgrounds. The records are core to the survivors’ identity, connections with their families, and connecting with where they came from.
Ongoing disposal moratorium
The moratorium on the disposal of records held by all public offices that may be relevant to the inquiry remains in effect (General Notice). This was put in place in March 2019 under section 20 of the PRA.
The disposal moratorium has been and continues to be necessary to ensure that relevant records are protected and can be made available to the inquiry, reinforcing the Government’s expectations of agency transparency, accountability and co-operation.
Public offices have been given clear direction and guidelines to follow to ensure that no records that are required are inadvertently disposed of by what would otherwise usually be considered prudent business practices. Public offices have been able to seek approval from the inquiry for specific exceptions to the coverage of the moratorium.
The inquiry is set to conclude in 2023, however, it is expected that the moratorium will stay in place beyond this point. This will allow thorough consideration of the inquiry’s recommendation to review all disposal authorities covering public records relevant to care. It is essential that we understand what records are required now and into the future.
Pressure points for disposal
Currently all physical records are being retained in public offices. Te Rua Mahara is acutely aware that the moratorium on the disposal of records is putting pressure on the sector for storage. This is compounded by the fact that Te Rua Mahara is not currently accepting the transfer of records in physical format in Wellington, whilst work is underway to build the new repository space. Digital format transfers are also constrained, and the adequacy of digital storage infrastructure is being examined.
Te Rua Mahara has obligations and statutory responsibilities under the PRA, alongside those of the National Library of New Zealand under its legislation, to ensure the effective stewardship of New Zealand’s record of government, documentary heritage and taonga. At present, across the entire portfolio, these physical records total over 271,000 linear metres (271km) and are continually growing.
While Te Rua Mahara has physical storage facilities in Auckland, Christchurch, and Dunedin, it is essential that we develop a space in the Wellington region to ensure we have capacity to accept the transfer of archives in the future, particularly following the conclusion of the moratorium on the disposal of records. Despite digitisation, there will continue to be a need to hold physical records in perpetuity.
Projects and initiatives: Highlights of our ongoing work in 2021/22
Regulatory capability and system uplift sought
Te Rua Mahara is seeking to improve its regulatory capability and the public records system. The main initiatives focus on the disposal system and on a set of strategy and operating model improvements for Te Rua Mahara as a regulator. Initial focus has been on the Appraisal, Disposal, and Implementation (ADI) redesign project. This seeks to fundamentally transform appraisal and disposal processes and to ensure their successful implementation by public offices. This will require Te Rua Mahara to both transform our service into a fit-for-purpose, digitally focussed service and to transform how we manage the remaining paper information in the coming decades.
The regulatory uplift project seeks a clearer operating model for Te Rua Mahara as a regulator and relevant performance measures, while clarifying our high-level and operational strategies. There will also be work on ensuring we are working effectively with other entities involved in the public records system across government.
Some progress was made on both initiatives during 2021/22, including engagement with key public sector stakeholders in the discovery phase of ADI. However, to ensure that constrained resources are used most effectively, ADI has been paused and work on regulatory uplift components will take priority in 2022/23.
Archives in the cloud: Exploring machine learning to transform digital services for agencies
Te Rua Mahara wanted to see if machine learning tools and hyperscale cloud capabilities could help to analyse information and solve other information and archival challenges that have arisen in the digital era. Te Rua Mahara received funding from the Digital Government Partnership Innovation Fund to carry out a proof of concept (PoC) from February to July 2022. The PoC aimed to test if it was possible to use these tools to:
Streamline the appraisal process, specifically whether auto-classification could determine the appropriate disposal authority to apply to information and records.
Identify material of importance to communities, specifically whether available tools could identify and surface information of interest to Māori.
We worked with agencies, technology partners (Microsoft and Amazon Web Services) and information management experts for the PoC. The aim was to test if machine learning and cloud computing tools could classify data in line with disposal authorities – the rules for keeping or disposing of information. We found that it was possible to do so with high accuracy.
The journey of a government record: from creation to archive
The diagram below sets out at a high level the journey of a record from creation to its disposal, including transfer to Te Rua Mahara.
Auto-classification solution overview: Amazon Web Services (AWS)
The processing pipeline was built on an existing open-source solution designed and built by AWS. It uses a number of AWS services to enable understanding of document content and to provide the user interface.
Auto-classification solution overview: Microsoft
Microsoft’s solution architecture was built on a series of existing tools and systems within the Microsoft ecosystem. The Microsoft solution imagines agencies using a Microsoft 365 or SharePoint environment to store and create their information. Files would then be copied or transferred into an Azure Storage data lake, before being managed and classified using Microsoft Purview and Azure Text Analytics tools.
PoC Conclusions
The PoC demonstrated the huge potential of machine learning tools to assist with the auto-classification of records and information at scale, and potentially the identification of information that is of interest to Māori.
Alongside this capability, we think there is a broad range of other exciting possibilities for using advanced digital tools to transform the way we work, to support agencies and ensure we can deal with the significant volumes of digital data coming our way.
All-of-Government Ontology
structured to potentially support findability, interoperability, business efficiency and artificial intelligence. Ontologies (and other vocabularies) currently exist within the New Zealand public sector but until recently no work has been done to explore the potential of creating an all-of-government ontology.
The All-of-government ontology options paper in September 2021 was pivotal in progressing discussions on the topic. There was positive support for the initiative with more than 70 public offices and organisations were involved in the compilation of the report. Since its release, Te Rua Mahara has continued to work as a member of a cross-agency working group led by Statistics New Zealand on data system design which also factors in Treaty of Waitangi obligations.
With numerous public offices moving from legacy information management software and platforms to the M365 suite, it is an opportune time to review systems. The All-of-Government Ontology provides a potential standardised approach to bridging information management between the two systems and provides users with a more user-friendly method of describing terms across government departments.
In 2021/22 a demonstrator model was built using software built specifically for ontologies. Te Rua Mahara continues to work with partners on the next steps for this project.
Māori metadata
Another key project has been exploring what a Māori metadata solution to support the needs and practices of Māori people in accessing and using the content held by Te Rua Mahara might look like.
The project’s genesis comes from a 2009-2011 proposal to create a set of Māori metadata elements that was paused while Archway, the database and public access interface used by Te Rua Mahara, was underway. The project posed several open questions, such as the use of controlled vocabularies and the source of values for fields such as Iwi and Hāpu.
In 2020 a concept brief was created setting out a framework (He Anga), objectives (Ngā Uaratanga) and process (Ngā Whakataunga) for the work. Over the past year the team created a Work Plan and reviewed previous metadata work looking at other indigenous models including Te Pūtē Routiriata o Taranaki, the community archive of Taranaki whānui; a Māori rendition of the Dublin Core Metadata Element set implemented by Te Puna Mātauranga o Aotearoa/National Library of New Zealand, and Digital Pasifik used by National Library of New Zealand in collaboration with the National Library of Australia. The team also completed an international literature review on engagement with ‘indigenous communities’ of Australia, Canada, and the United States of America. A research report was released internally in June 2021.The next phase of the project would be to engage with Māori stakeholders to determine and co-design the actual metadata solution. For example, some organisations use a standard reo (e.g. Ngā Taonga Sound & Vision), others work with dialects (e.g. Iwi projects), and a decision would need to be made about which direction to take.
At present, this phase is being included in wider plans along with those of our colleagues National Library and Ngā Taonga Sound and Vision. Te Rua Mahara has a clear approach to progress the initiative at a future stage, subject to resourcing, including the potential expansion of the Collections system to include Māori metadata fields.
Sharing expertise across the Tasman
Te Rua Mahara has long fostered a close and cooperative relationship with its Australian counterparts at the state and national archives of Australia.
We are a member of the Council of Australasian Archives and Records Authorities (CAARA). Over the past several years we have pooled resources and expertise to find better ways to ensure the preservation and accessibility of public records through the Australasian Digital Recordkeeping Initiative (ADRI).
The introduction of the cloud-based office productivity suite Microsoft 365 (M365) as an information management and recordkeeping platform has transformed the public sector both here and across the Tasman, with organisations now able to access more than 100 applications with one licence. A leading question posed by public sector agencies and services providers has been “is M365 compliant?”.
To answer this question, Te Rua Mahara released guidance for the public sector on their obligations under the Standard, and how to meet these obligations using M365. This includes assistance with configuration, ensuring the appropriate level of governance licencing, using third party add-ons for information and records management functionality, and improving organisational knowledge of the administrative applications and tools used for information management within M365. Read more.
In December 2021, ADRI and CAARA took this further with the release of “Functional Requirements for Managing Records in Microsoft 365”. The technical document is aimed at information management staff, information technology staff, and business analysts who are responsible for ensuring their technical systems are fit for their individual organisations. ADRI staff have since presented the document to several public offices around Australia with positive feedback.
In New Zealand M365 has transformed information management in the public sector, reinforced by the All-of-Government Microsoft, Cloud, Software and Services Agreement. Microsoft’s investment in cloud infrastructure on our shores with its Azure cloud platform means New Zealand will soon also have the ability to safely and confidentially store data and information within New Zealand.
Working with other regulators
This year, working closely with the Public Service Commission and the Office of the Ombudsman, Te Rua Mahara released “How to develop an OIA information search policy”. This guidance was recommended by the report of the 2015 then Chief Ombudsman, Dame Beverley Wakem, “Not a game of hide and seek - Review of government OIA practices”.
The recent “Ready or Not?” follow-up report by the current Chief Ombudsman, Peter Boshier, re-emphasises the complementarity of improving access to information and ensuring the foundation of information management and recordkeeping is in place. The Chief Ombudsman’s recommendations strongly align with advice and guidance and requirements from Te Rua Mahara for the public sector.
Organisations regulated under the Public Records Act 2005
Public offices and local authorities are covered by the PRA. There are two instances where an organisation can be defined as a public office by legislation:
if an organisation is defined as a public office in section 4 of the PRA
if an organisation is otherwise defined as such in other legislation.
The types of organisations are that defined as public offices under the PRA include:
all departments as defined in section 5 of the Public Service Act 2020 including departmental agencies and interdepartmental executive boards
interdepartmental ventures as defined in section 5 of the Public Service Act 2020
all Offices of Parliament as defined in section 2(1) of the Public Finance Act 1989
all state enterprises as defined in section 2 of the State-Owned Enterprises Act 1986
all Crown entities as listed in Schedule 1 and Schedule 2 of the Crown Entities Act 2004 including:
Crown agents
autonomous Crown entities
independent Crown entities
Crown entity companies
All Crown entities as defined in section 7(1) of the Crown Entities Act 2004 including for example:
boards of trustees for state and state integrated schools
tertiary education institutions including colleges of education, polytechnics, specialist colleges, universities, and wānanga
Crown entity subsidiaries (dependent on control factors).
A recent example of PRA coverage being established through other legislation is Te Aka Whai Ora – Māori Health Authority. The Pae Ora (Healthy Futures) Act 2022 establishes this organisation as an independent statutory entity, which is not an entity type covered by section 4 of the PRA. However, the Pae Ora (Healthy Futures) Act 2022 specifically makes it “a public office for the purposes of the Public Records Act 2005”.
Local authorities include all regional councils and territorial authorities, council-controlled organisations, local government organisations, and council-controlled trading organisations.