sec.26Archives may take custody of particular public records

### sec.26 Archives may take custody of particular public records This section applies if the archivist considers— a public authority has custody of a public record that is more than 25 years old; or a public authority has custody of a public record that— is of permanent value, regardless of its age; and is at risk of loss or damage; and does not need to be in the custody of the authority. The archivist may do any of the following— take custody of the public record; take a copy of the public record; give directions about the custody or preservation of the public record; give directions about keeping or maintaining systems for accessing the public record. However, the archivist may act under subsection (2) only after giving a notice to the public authority— stating the reason the archivist considers this section applies to the public record; and stating the archivist’s proposed action; and if the archivist proposes to take custody of the record—asking the authority to consider giving the archives custody of the record within a reasonable period, stated in the notice; and inviting the authority to make a submission about the archivist’s proposed action within a reasonable period, stated in the notice. The archivist must also give the notice to the responsible public authority for the public record, if it is not the authority that has custody of the record. The archivist must consider any submissions made to the archivist before taking the proposed action. (sec.26-ssec.1) This section applies if the archivist considers— a public authority has custody of a public record that is more than 25 years old; or a public authority has custody of a public record that— is of permanent value, regardless of its age; and is at risk of loss or damage; and does not need to be in the custody of the authority. (sec.26-ssec.2) The archivist may do any of the following— take custody of the public record; take a copy of the public record; give directions about the custody or preservation of the public record; give directions about keeping or maintaining systems for accessing the public record. (sec.26-ssec.3) However, the archivist may act under subsection (2) only after giving a notice to the public authority— stating the reason the archivist considers this section applies to the public record; and stating the archivist’s proposed action; and if the archivist proposes to take custody of the record—asking the authority to consider giving the archives custody of the record within a reasonable period, stated in the notice; and inviting the authority to make a submission about the archivist’s proposed action within a reasonable period, stated in the notice. (sec.26-ssec.4) The archivist must also give the notice to the responsible public authority for the public record, if it is not the authority that has custody of the record. (sec.26-ssec.5) The archivist must consider any submissions made to the archivist before taking the proposed action. - (a) a public authority has custody of a public record that is more than 25 years old; or - (b) a public authority has custody of a public record that— (i) is of permanent value, regardless of its age; and (ii) is at risk of loss or damage; and (iii) does not need to be in the custody of the authority. - (i) is of permanent value, regardless of its age; and - (ii) is at risk of loss or damage; and - (iii) does not need to be in the custody of the authority. - (i) is of permanent value, regardless of its age; and - (ii) is at risk of loss or damage; and - (iii) does not need to be in the custody of the authority. - (a) take custody of the public record; - (b) take a copy of the public record; - (c) give directions about the custody or preservation of the public record; - (d) give directions about keeping or maintaining systems for accessing the public record. - (a) stating the reason the archivist considers this section applies to the public record; and - (b) stating the archivist’s proposed action; and - (c) if the archivist proposes to take custody of the record—asking the authority to consider giving the archives custody of the record within a reasonable period, stated in the notice; and - (d) inviting the authority to make a submission about the archivist’s proposed action within a reasonable period, stated in the notice.