New Zealand Archivist Vol XII No 2 Winter/June 2001 ISSN 0114-7676 ABC of Archives: 'B' is for Bears
Mary Monckton
South Taranaki District Museum Volunteers met with Rosemary Collier, Consultant Archivist and President of the New Zealand Society of Archivists on 11 June for a 7-hour marathon training workshop, based on the Society's Edukit. Museum Curator Bridget Wellwood saw this as an excellent way to bring professional standards to the Archives located in the museum in Patea. But what do bears have to do with Archives? like. Rosemary gave out sample sheets of policies, Actually, teddy bears, stuffed toys, and toy cars forms, and lists of terms used. were used to give the group practice in arranging The ten people who attended felt the day was far a 'collection'. This proved a very graphic, fun way too short, but very valuable. We would recommend to make decisions based on Collection Development to other museums to make use of the Edukit from Policy, Weeding Policy, and Arrangement. the New Zealand Society of Archivists, and thank The day was full on, with many useful overhead Rosemary for the time and presentation, which was projection transparencies illustrating subjects such targeted at just the right level for us. Her reward, as who makes records, what archives look like in she said on leaving, was to have the beautiful view practice, and what the ideal arrangement could look of Mt. Taranaki appear at twilight as she left the museum.
Rosemary's class action: how bears are arranged and described
From left: Rosemary Collier, Bridget Wellwood (at rear), Livingston Baker, Kitty Parsons, Joan Thorstensen, Ena Baker The Role of Records in the Democratic State, and the Gisborne Cancer Inquiry
Rosemary Collier
In his report on the Inquiry into the disaster at Cave Creek, it was stated by Judge Noble to be in large part a records f'nure, because no-one had consulted the records of what was done previously, when the area was under the control of the Forest Service. Restructuring and changed ideology have cost lives. And heads have rolled: the former Minister of Conservation, and the last two Prime Ministers, who appear to have failed to persuade the voting public that restructuring was progress.
But accountability does not reside only in individual Ministry staff did not know of that system, and people. It resides also in creating and using accurate, thus did not use it fully, or at all; with limited cross- complete and unbiased records. referencing from current records and a high staff Now it is the Ministry of Health which seems to turnover, soon there were few left who even knew have denied the value of the documentation of its about the files sent to Archives. recent past. In the Television One programme Face the Surely some files would have contained, and Nation on 12 April 2001, the Ministry avoided the issue probably evaluated, Professor Skegg's warnings, of why it did not have regard to an article written by and those of others concerned about the programme Professor David Skegg in 1989 concerning cervical which emerged from the Cartwright enquiry, the screening. In the article, Professor Skegg, of Otago implementation of which was the Ministry's (and the Medical School, warned of unfortunate consequences former Department's) responsibility. if certain things did not happen, such as setting up a The Westminster model of democracy depends on central cervical screening register. continuity of government despite political change. If It is well known in records and research circles, public servants refuse to be aware of precedent and that upon formation of the Ministry out of the old history, or to take responsibility for the past actions Department of Health, virtually all of the Department's of their departments (or the predecessors of those records were transferred to National Archives (now departments), then we are doomed to endless costly Archives New Zealand). A few officials who did want restructuring and endless repetitions of history, with to use previous records, knowing that the world did all its mistakes, absurdities and tragedies. not begin on the day of the Ministry's formation, were My thanks to Warwick Brunton, former Ministry senior frustrated by their, and their support staff's, inability staff member, for his help with this short article. Readers to have quick access to files. While access at National interested in the subject are referred to his chapter entitled Archives was pretty good, the files were far too recent "The Place of History in Health Policy-Making: A View to have ever been sent to Archives. The real problem from the Inside", in: Linda Bryderand Derek A. Dow (eds.), was the discontinuity of approx. 80 years of historical New Countries and Old Medicine, Auckland, 1995. memory, as represented by the filing system. Most
New System for Accessing Records
Michael Mead
Land Information New Zealand (LINZ) is a government department that looks after millions of land records for the Crown including: property titles, related transactions, survey plans, Croum grants, deeds records and indexes and maps. LINZ and its predecessors have stored and managed records for more than 150 years. The records are of great interest to land professionals such as lawyers and surveyors and also to genealogists, Maori and the general public.
From paper to electronic records paper records were produced each year, filling entire floors of large buildings. The need to save space, the Until 2000 these records were paper-based and advent of new technology and the associated economic stored in LINZ's 12 offices across the country (five benefits, led to Landonline, LINZ's digital title, related regional offices and seven branch offices). Millions of transactions and survey plan system. Landonline will convert seven million high use records - property titles Original records and survey plans - to electronic format. The system Sometimes land professionals and other groups is open to registered users who pay a subscription. need to see the original of a land record. If you want Landonline will gradually roll out across New Zealand to view an original, unconverted paper record, use with a projected completion date of 2002. the appropriate access method. Please note that the original record will not be sent to you, unless you What we're doing now are an accredited supplier. Accredited suppliers have The introduction of Landonline will mean the way special arrangements with LINZ in order to serve the LINZ staff and customers access records will change. Crown's land transaction requirements. Anyone else Two other factors will also change the way access to must view all original, unconverted paper records at land information is provided: the LINZ home office. • LINZ branch offices in Invercargill, Nelson, This option is not available for originals of Blenheim, Hokitika, Napier, Gisborne and New records converted under Landonline. You must access Plymouth will close, beginning with Invercargill. converted records through Landonline. Exceptions • LINZ's paper records which are not being converted may be made if the details on a converted record are and which are currently held at branch and regional not viewable, due to the quality of the original. You offices, will be stored and managed differently. can order an original record using current services but High-use paper records from branch and regional you must view it at the LINZ home office. offices required for LINZ business processes, such as deeds records and Crown grants will Delivery be available, stored at the appropriate regional All remote requests for copies of records, i.e. office. To enhance preservation standards and save requests other than over-the-counter requests at space, low-use paper records such as discharged regional offices, will be responded to by post or fax. mortgages, abstracts, and converted records from Original paper records must be viewed at the LINZ branch and regional offices are being moved off home office. site to Recall, a national records management Note that once a request has been received company. under the new system (with all relevant information included) and payment made, LINZ will make the How this affects users required information ready for delivery within 36 You will still be able to get the information you hours. need, irrespective of where a record is held or whether it is converted or not. LINZ fees for land information will remain the same. What is changing is the way Information you need for a record request information is provided. When Landonline is rolled As with the old system, you will still have to know out in your area, you will be able to access copies what you're looking for and provide LINZ with key of local records and copies of records from other pieces of information including: areas where Landonline has been rolled out, using the • the land district your search relates to following new services access methods: • the appropriate record reference number, for • through the LINZ Internet site example, a title reference such as CT 15B/1437. • by a fax to the appropriate LINZ regional office • by an email to the appropriate LINZ regional Other resources office LINZ's website: http://www.linz.govt.nz has useful • through a Landonline registered user who offers a information to help you find the record you want. public search service. LINZ print brochures (available from LINZ regional You can order an original record using the new offices): services, but you must view it in the LINZ 'home' Searching a title in a region where Landonline has been office, i.e. the regional office where the records are rolled out held. Searching a title in a region where Landonline is not yet available Current services access methods A guide to land title registration under Landonline All customers can still get a copy of the land record A guide to land title registration in a region where they want by: Landonline is not yet available • visiting a LINZ regional office and ordering a record over the counter; payment is made with If you have any questions about the new system you your order can ring 0800 ONLINE (0800 665 463). • mailing in a request, with the fee • using a search agent, who can help get copies of documents from anywhere in New Zealand. Nelson Loses the Battle of LINZ
Stephanie van Gaalen
Two years ago it was signalled that Land that the Cabinet was to discuss within the next week Information New Zealand's Nelson District Office, the matter of retaining the records in Nelson. On 30 like other district offices, would close and that the May the government confirmed that despite further government's intention was to move the records to discussion in Cabinet, the land records must move a more centralised location - Christchurch in this to Christchurch. case. A local working party was formed to come Iwi instructed a Wellington law firm to seek an up with options for retaining the records in Nelson. injunction in the High Court, but John Mitchell Eventually a tender was put forward by Nelson City confirmed on 1 June that this was abandoned after legal Council offering to house and provide public access advice stating it was "unlikely there were sufficient *•" the historic land records that are to be digitised. grounds under the relevant land information Acts to Lis tender was rejected. warrant an injunction". The lawyers were now taking The last few months have seen more letters to the a political tactic, preparing submissions and petitions editor, further meetings of the working party, and to lobby the government, including making the point approaches to the Prime Minister during her two visits that there was a claim before the Waitangi Tribunal to Nelson, requesting the government to reconsider the involving the records. decision to remove the records. Six iwi of the Nelson On 6 June it was announced that the Mayor of region have claims before the Waitangi Tribunal, Nelson was seeking a meeting in Wellington on June which include retention of the LINZ records. 14, with Land Information Minister, Matt Robson, A quiet protest attended by more than 80 people the Tasman District Mayor, the two Councils' CEOs, was held outside the Nelson LINZ Office on the and iwi representative John Mitchell. Meanwhile the morning of Friday 25 May - the last day the office was packing crates are being filled at the LINZ Office, with open to the public. Council and iwi representatives, remaining staff employed until late June. genealogists, historians, and surveyors attended the protest. A range of speakers addressed the group References: Ne/son Mail 18,25,30 May 2001; Nelson including John Mitchell (Ngati Tama), Mike Cotton Mail 1,2, 6 June 2001. (surveyor and Nelson City Councillor), MP Nick See also News Items and NZSA letter to Matt Robson. Smith, and Elizabeth Parkes (Nelson Branch of NZ Note that the composer Joseph Haydn wrote the Nelson Society of Genealogists), the latter appropriately Mass ('Messe' in French); the Linz Symphony was by dressed as the grim reaper, wearing a sign "Death Mozart, thus named after the Austrian city. of access to historical records". It was announced
LINZ Records
The following is the text of a letter sent by the Society to Hon. Matt Robson, Minister responsible for Land Information New Zealand:
This Society is deeply concerned about the removal or over-ruled are: of old land information records from their places • It is a principle of archives management that of origin, and its Council has asked me to write archives should remain close to the place where expressing this to you. Some of these records are they were created, if at all possible. We think well over a century old, and are of both legal and it is possible in this case, especially since we archival value. understand that in Nelson the City Council offered accommodation, and in Dunedin, Archives New We are aware that this matter has been discussed Zealand has suitable accommodation available. with Archives New Zealand, and at Cabinet level. • A principle archivists use in appraising records However, we think that the decision has not been for permanent preservation or destruction is to based on sound principles, nor has all the relevant establish primary and secondary values. Primary information been available to those who have made values are those which relate to the purpose for these decisions. which the records were created, and their value to administrators. Secondary values are those The principles we think have been either ignored uses to which these records can be put by other researchers, which may be quite different from We consider that LINZ was ill-advised to remove the primary uses. from their original locations those records which will not be part of Landonline, and we question whether Thus the primary value of creating certain land storage in a large centre is more cost-effective than records is to give a legal description of the land in storage in a regional centre. We hope it is not too late question, and to enable the Crown to guarantee title to reverse the decision for at least those records which to the owners. The secondary values include those have not yet been removed. found by people researching, e.g. the subdivision of land over the last 100 years, how frequently land Furthermore, according to information sent to was bought and sold, the location of road boundaries us by LINZ, original records which have not been where local body records are deficient, and numerous converted to the Landonline system, will be sent on other possible uses. It is important to realise that such request to 'accredited suppliers'. The information researchers require the use of numerous records. The said 'Anyone else must view all original unconverted users are not after one or two individual records at paper records at the LINZ home office'. This implies a time, but may need access to a great many records, that originals will be sent around the country to those over a considerable period of time. who are accredited. We trust only photocopies of • The other principle is that users should be a major these records will be sent around in this way. It is consideration in deciding the location of archives inappropriate and too risky to send original records that are being moved from their creating office. We away from their home location. know from newspaper reports, and letters to the editors of various newspapers, that in a number Yours sincerely of locations local iwi, surveyors, historians and Rosemary Collier, President genealogists are outraged at the removal of records which are not being included in Landonline, because these people use them regularly.
Submission on the Proposed Public Records Bill, 2001
Comments on the Discussion Paper
The following is a reduced version of our submission, compiled by Rosemary Collier. Items which do not have meaning without referring to the Archives New Zealand Discussion Paper have been omitted.
Preamble Departments and Agencies We have used the term 'National Archives' Key questions throughout this document, since this is the name 1. 'Government activities'needs to be defined. We given to the institution by the 1957 Act. Comments consider it is unreasonable to include all government on individual numbered paragraphs, and answers to activities, if they are outside of the legislative, judicial the key questions follow: and executive arms of government. This is commented on further under Contentious issues, paragraph 77 Rationale below. 7. We believe that record-keeping systems can prevent failures. If people consult relevant records Records before taking decisions (which is surely one of the major 25. We are not at all sure that National Library reasons for keeping records) then they can prevent and other research institutions differ from other poor decisions, poor performance and even disasters. government agencies. Surely the Archives Act applies The most notable recent case in New Zealand was the to more than their administrative records, just as all failure by the Department of Conservation to consult operational and functional records of, say, Audit New NZ Forest Service files about building structures such Zealand or LINZ would come under the Archives as platforms, in forest parks. The result of this failure Act. The collections are indeed not public records; they was the Cave Creek disaster, and the judge at the are the business or trade goods of the organisations, inquiry drew attention to the records component. just as Work and Income deals with benefits and beneficiaries. However, if a case is to be made for the collection management records to remain with, say, throwing out early versions, which is done constantly; Te Papa and National Library, there is an equivalent although before (perhaps) the 1940s many more drafts case for records of LINZ to remain with LINZ (long were kept on file, which added a lot of interest for a bone of contention). the researcher. Neither practice is disapproved of in We do not believe that such records should be Bearman's definition of 'records'. exempt from the Act; rather they should be dealt 39. General schedules have been hard to obtain with under approved repository clauses or, as we in New Zealand. The Acton Report aimed towards understand is being done at present, 'deferred deposit'. such schedules, but came out at the very time that We are aware that Te Papa has kept not only archives state sector changes saw more responsibility placed as back-up to the provenance of collection items, on Chief Executives and less residing with the State but also administrative records which document the Services Commission, who had co-commissioned institution's history. the report, and could have given backing to such In other locations there are records of this type schedules. But none eventuated, as far as we are which are quite vulnerable, e.g. in National Park aware. offices, which are seldom, if ever, visited by archivists. We believe the power to approve destruction of Changing management personnel can have different records should remain with the Chief Archivist, and views of the records' importance, and the Archives that delegation should be specifically prohibited. At Act is not even known. Any regime which exempts most, delegation of this function should only be to a research institutions will see important records Deputy Chief Archivist. destroyed because someone sees no further research use for them. Key questions 27. Don't be too draconian! Too many powers 11. Archivists must not fall into the trap of thinking could be misused. However, exclusion by definition 'only archivists can do appraisal'. would mean frequent changes. This enters the territory 12. It is fine to include 'key objectives' of appraisal of the definition of public records as distinct from in legislation, but by and large appraisal is a policy public archives. and practice matter. Only the unchanging principles should be in legislation. Key questions 13. In cases where National Archives does 4. Whole classes of records, e.g. tax records, should not require the records, they could be of interest be excluded. These records are received (or made) to specialist organisations, e.g. the Railway and in the course of the work of a government office, but Locomotive Society. However, all such records must because of personal privacy, commercial sensitivity or be clearly physically identified as not required by other justifiable reasons, they are not potential public National Archives. archives. The Bill must ensure that the definition 14. Records must be required to be kept in a usable of public archives does not allow for archives to be and efficient system. destroyed, only records. 15. The provisions of the Act (including that 7. Definitions should be non-exclusive, just as shown above under para.48) should be sufficient for they are in the present Act. 'Not limited to' or some the Archives role. Government offices already have such phrase should be used, while at the same time responsibilities regarding records, or if they haven't, describing types of electronic records. Some control they should. Don't make National Archives too much over versions should be introduced. Draft documents into 'Big Brother' if you wish to have co-operation. that differ markedly from final versions used to be 18. New provisions seem to envisage a change to kept on paper files 'in the good old days', and such physical custody of records if they are in electronic should be kept in electronic form also. Otherwise form, i.e. not in the physical custody of National developments in writing policies, legislation, reports Archives. This should have been alluded to in etc. cannot be traced. Periodic 'snapshots' should the section entitled Custody. Is this paragraph be taken, or with complicated documents, every five consistent with the definition there? Will government versions, for example. The Law Commission does departments then need archivists on their staffs this, to trace the development of thinking in drafting to make records available? Requiring agencies to reports on proposed legislative changes. maintain the records, even at National Archives expense, may be hard to enforce. One assumes this Key questions expense will include maintenance of technology. Do 9. Retrospective legislation is usually regarded as agencies have space to maintain obsolete machines undesirable and undemocratic, but 'owners' should be they are not using for any other purpose? It is better encouraged to hand over records they hold illegally. to pool resources and keep one or two such machines centrally at National Archives, rather than agencies having the cost of keeping similar old equipment in Recordkeeping numbers of different locations. Altering or amending documents created using a A definition of custody that does not mean physical computer is no more disposal of unappraised records custody is rather strange. than is changing and redrafting paper documents and Surely the migration of records to new formats is the preferred way to go. The preservation of both being open and others restrictive. It depends on the data and metadata in usable form, without distortion, meaning of 'primary responsibility'. They should is essential. initiate the provisions as at present. But it is not solely 19. 'Flexibility of arrangements' sounds as though it their responsibility. is for the convenience of administrators and archivists 26. The regime should be liberalised unless there rather than for the convenience of researchers. Just are reasons to withhold records, whether electronic as legislation should not be too prescriptive in this or otherwise. The perception that electronic records area, so it also should not be so flexible as to give are more ephemeral than others makes it imperative no certainty. to identify those for permanent preservation earlier, 21. Standards can change, and should not be part and thus access could be available earlier, if other of the legislation. There could be a suggestion of the criteria are met. matters to be covered, but these should be 'not limited 27. Culturally sensitive information should be to the foregoing'. handled in a sensitive manner, but accountability demands that records created in the course of publicly- Access funded activities should be open. There is difficulty in It should be clear that any restrictions are an ensuring that the motives for restrictions are fair, and exception to the basic premise regarding access, rather not due to tribal rivalries or other partisan motives. than the norm. Charging has not been mentioned in the discussion paper. It was specified in the Second Schedule to Key questions the 1996 draft. We believe that public access to 22. & 23. All these Acts need to be consistent, but publicly created archives is a fundamental right in a limitations under the Privacy Act should only apply democratic society, and part of the process of public to private living persons, not to people in public life accountability. Access should not be restricted by or in their official roles. National Archives needs way of charges. However, certain services may be to work this out with the Ombudsmen and Privacy charged for. There should remain a free basic service, Commissioner. The other Acts should be referred to guaranteed by legislation. Orders-in-Council could in the Public Records legislation. deal with charges for additional services. 59. We do not believe decision at document level is feasible. Government agencies are required to have Other Roles and Functions good records systems for both paper and electronic We agree that private deposits should continue to records. It follows that these systems will group be permitted, but National Archives should be aware related documents together. Therefore decisions can of other Archives institutions which may be more be at the file level. suitable for specific private archives that are offered to The over-arching criterion should be 'It is available it. A provision for ensuring that National Archives can by being in National Archives custody', unless participate in other archives activities and in culture specifically restricted on justifiable grounds. These and heritage activities seems a good idea. grounds must not be mere caution or hypersensitivity. For accountability to mean anything, records must Key questions be open. 28. It would be good to see the Chief Archivist It would be a good idea to introduce an appeal represented on the Board of Te Papa: process, but would this be both ways? Agencies a) It has archives of national significance which appealing against decisions to release records, as well are unlikely to be handed over to National Archives as researchers appealing against refusals? b) Displays and exhibitions must be backed up by wide research, which includes historical research, Key questions for which National Archives has the sources. 24. In our submission on the 1996 draft we asked for a 20-year period, rather than 25 years. The shorter Most importantly, we believe the National Register period would lessen the chances of archives being of Archives and Manuscripts should be written into the lost during administrative changes in public service Act, as a function of National Archives. This would be departments. one of the most important ways in which the institution 25. The role of National Archives should be more can assist non-government Archives organisations, than merely registering access decisions, to ensure provide leadership, and assist researchers. We attach a consistency between agencies and to guard against copy of part of the South African government archives unjustified restrictions. National Archives should be legislation, which requires a national register of wary of excessive restriction, and of inconsistencies non-government archives to be kept by the National between agencies. Do not introduce a regime 'giving Archives. agencies the primary responsibility for access under 29. We think that the provision in the Archives Act Public Records law'!! Of course their input is vital, allowing for assistance to non-government archives but there should be a moderating voice on behalf of should be continued. National Archives should indeed researchers and open access. Otherwise, there will take a leadership role in the archives field in New be a huge variation between agencies, with some Zealand, but not dictate or be heavy-handed. That is, it should not be prescriptive, except within what is accountable for professional matters. It could become obviously government archives territory. difficult for the professional staff to work with. There 31. The Act should allow for financial assistance to are Health Boards, but they do not make decisions approved repositories, if standards are met. It should on medical matters, nor do School Trustees make also give National Archives some say in standards decisions on the teaching programmes in schools. and styles of arrangement and description of public Accountability to the Minister, who is an elected archives in the repositories' care. National Archives representative as well as part of the government, should indeed be accountable for public archives should not be demeaned. (not others), in approved repositories: its safety, Nevertheless, an Advisory or Trustee Board or preservation, arrangement and description and access Council can give valuable advice and feedback. conditions. This means standards for storage and 33. Government record-keeping should be access should be set, and arrangement and description monitored by National Archives through inspection methods should be consistent with those in the parent visits, regular newsletters, and action if necessary institution. under statute: fines or other provisions. It has been If this is not done, it is unnecessarily difficult for stated in discussions on the erstwhile Archives Bills researchers using archives from the same government that the Act should bind the Crown, and we agree agency but held in different locations. It should always with this. If the Act is given teeth, they must be be clear that these are public archives, wherever they used. We intend to make a submission on the separate are held. National Archives should report on these discussion document on compliance. archives in its annual report. Copies of lists of such 34. Chief Executive Officers of departments and archives should be held by National Archives in all its agencies should all be responsible for the efficiency regional offices, and copies of fists of complementary of record-keeping and compliance with the Public archives in National Archives should be held by those Records Act. If the Act is to bind their agencies repositories. to certain actions, it follows that they have to be There should be regular visits to the approved responsible for how these actions are performed. That repositories, to ensure that the standards for approved responsibility does not preclude action from National status are being maintained. The repositories should Archives. The principle of transfer of custody of be encouraged to improve if necessary, rather than the archives means that National Archives has a role not 'big stick' approach for shortcomings. only from the point at which archives are transferred, 32. The question of an advisory board or council but also to ensure that the conditions are right for has been an on/off issue over many years. We do adequate archives to be created and preserved before not see that it adds anything to the functioning of that point is reached. National Archives, especially now that it is a separate 35. As indicated under 34. In addition, as the department and does not have the same need it had department administering the Act, National Archives for visibility and credibility. However, it improves must have oversight of its administration. It must at least the appearance of accountability. The body provide the professional archivists to encourage and could be like the National Library Trustees. It should train departmental staff and to implement the Act. not affect the statutory powers of the Chief Archivist, The way in which this is done in the United Kingdom but support the functions of the institution, make is that the Public Record Office has its 'own' people recommendations, and raise the profile. (called Records Officers, but that term has other The body can help to smooth hassles for approved meanings in New Zealand) actually working within repositories. departments. What happened to the Advisory Board and 71. The Registries (e.g. Land, Births, Deaths and Advisory Committee that met regularly a few years Marriages) pre-date National Archives by many ago? It would be desirable for National Archives decades. These offices have more locations than does to have continuing relationships with professional National Archives (even after the unpopular LINZ organisations, and one of the ways this could be 'reforms'). The information they record is public as fostered would be through their representatives on soon as it is entered (except divorce and adoption and Advisory Board or Council. NZSA could be records), although it may not be physically sighted. recognised in the section of the Bill dealing with such The progress of some of these Registries towards a Board or Council. making all their records available on-line is another National Archives can use local government and argument against their transfer to National Archives, other outside people on this body, as a balance to since the latter is some way off having such facilities. archivists and bureaucrats who administer and hold power over National Archives. The body can give Local Government new perspectives to National Archives, and apply the 36. Perhaps the provisions concerning local brake or accelerator to Archives activities. However, government should be integrated throughout the involving such bodies in statutory powers could be Bill, not left to the end. The lack of such integration costly and time-consuming. The Chief Archivist is a was probably the cause of considerable discrepancies statutory officer. It is hard to see how a board partially between provisions for central government records or entirely made up of non-public servants can be as and those for local government records in the 1996 draft Bill. Relevant points are covered in Rachel about three years ago; Jonathan Boston of Political Lilburn's article "The archives of Local Government: Studies at Victoria University was one of the leading an Overview" in New Zealand Archivist, Spring 1997. figures on the university side of the debate. If archives provisions were to be left to local However, Universities and SOEs should show that government legislation, such inconsistencies would they have an active programme for looking after their be perpetuated, through the Public Records Bill very archives, and be required to do this through one or likely having provisions for central government the other piece of legislation. archives which would be different from those in the The problem is where to end the definition of current local government legislation. In any case, 'government activities'. If you get onto universities, we consider that provisions for archives of local why stop there? As far as we are aware, all public government should be 'beefed up'. There is now schools are not actively pursued for their archives, an environment where the necessity for preserving yet they are closer to 'government activities' than archives is accepted by local authorities, there is wide are universities. What about kindergartens? NZ interest in compliance, as evidenced by the large Dairy Board (soon to be dissolved) was set up by attendance at our 1997 conference on the topic, and statute though it is farmer-owned. These days, many numbers of local authorities now have full-time or voluntary social agencies are largely or partly funded part-time archivists. This environment could allow for by central government. What about their archives? more mandatory provisions in new legislation. The proposal to empower government agencies to The argument of people in local government that decide on the release of records should be satisfactory archives provisions should be included in the Public if they do it properly. Transfer provisions should Records Bill and not in Local Government Act is that still apply at some appropriate time in the life of local government legislation covers all manner of the records, otherwise there will be a proliferation functions, and archives can easily be lost sight of, of Archives (but not necessarily of archivists ) whereas archives legislation is about - archives. It is and National Archives will end up only being a not a sound argument that local government people policeman. know their local government legislation and may be National Archives should be empowered to set vague about other Acts, since they implement the mandatory record-keeping standards, but how this Building Act, the Resource Management Act, and is handled in practice is the key to the success of others, in addition to those specifically described as the standards in achieving what they are designed Local Government Acts. to achieve. It would give National Archives more 'clout' with local authorities if the responsibility for local Conclusion government archives were in its own legislation, it is We trust that our submission will be of use in argued. In addition, the local government legislation formulating the legislation, and we look forward to could refer to the Public Records Act. This broader seeing a draft Bill, taking into account the comments title may help with such matters as preservation in all the submissions, and the eventual introduction of the records of LATEs (local government trading of the Bill to the House of Representatives. enterprises), which are the local government equivalent of SOEs, and which suffer from similar problems concerning the ownership and destiny of their records.
Contentious issues 77. As explained above, at Key question 1, we are not happy with the application of the Act to all 'government activities', depending on how that is defined. A case can be made for all the records of organisations listed being included, but whether it should be made in the Public Records legislation or under the SOEs, IRD, Statistics and Universities' own legislation, when it is revised, is debatable. Universities are only to a very limited extent carrying out government policy, while SOEs are primarily commercial organisations, though they probably still hold records of their predecessor government departments. Universities are not under the control of a Minister, though they are to some extent publicly-funded (Otago only 48%). Who owns the universities has been a contentious question in recent years, not necessarily satisfactorily resolved. Papers on governance in universities were circulated NZSA Conference
The conference is on 23 August 2001 in the Air Dorothy, at Archives, Fletcher Challenge Trust, New Zealand Suite at the Wellington Town Hall. Private Bag 92-114, Auckland; telephone 09-535-9000 Our line-up of speakers is excellent; if you have not fax 09-525-9319, or e-mail [email protected]. enrolled already, fill in your form now and send it The Conference will be opened by the new Chief to our Conference Registrar, Dorothy Neilson. If Archivist and CEO of Archives New Zealand, Dianne you haven't got a form, it is available on our web Macaskill. site, archivists.org.nz, or write, e-mail or telephone
Addendum
The item in the last issue about the report received from the University of Warwick Modern Records Centre, under the heading New Publications Received, should have included the website address:
New Appointment
The Society wrote to Dianne Macaskill congratulating her on her appointment as Chief Executive of Archives New Zealand, and Chief Archivist. We also wrote to State Services Commissioner Michael Wintringham expressing pleasure that at last an appointment had been made, but regretting that an archivist had not been appointed to this important position.
New Zealand Guide to Records Management The first public draft of the New Zealand Guide set of New Zealand records management definitions, to Records Management is now available on-line at recommendations on records stewardship, a chapter www.caldeson.com/RIMOS/nzguide.html. The on the management of Maori records and a list of committee responsible for the Guide, a group of New on-line and hard-copy non-regulatory sources of Zealand information managers and recordkeepers, is recordkeeping interest. formally constituted as a sub-committee of Standards The Guide committee, members of which are Australia's IT/21 committee, the unit which created identified in the opening chapter, is seeking public and published the Australian Records Management reaction and comment on the draft, which it is hoped Standard AS4390, in 1996. to complete as an approved document by the year's The New Zealand Guide is principally intended as a end. Respondents are asked to make their submissions companion to AS4390, but may be useful in conjunction to Michael Steemson, the committee chair, or to with any overseas manual, including the world any committee member, by 31 July 2001. (E-mail: standard, IS015489, which is due to be published [email protected]) in October. It contains guidance on recordkeeping requirements described in New Zealand legislation, a NR AM News
Alan Richardson, who recently moved from Dunedin to Frankton, Queenstown, took up the task of Administrator/Trainer, on 1 June. He is getting to grips with using the database and the website. He would be grateful for any news relevant to NRAM which contributors like to send, to place on the website, since the Taskforce is not continuing with a printed newsletter in the meantime.
NEWS ITEMS
and you had tons of material that were turned Freeh: FBI Blundered in over. And what we're talking about here is McVeigh Case really insignificant, irrelevant documents that have no bearing on the case," said Rep. David Rogers FBI agents have found still more Oklahoma City (Republican, Kentucky). "Is that a fair statement?" bombing documents that may not have been turned "That is my understanding," Freeh said. Freeh said over to Timothy McVeigh's attorneys, FBI Director agents were reminded constantly to send their material Louis Freeh said. He told Congress his agency was to the Oklahoma City field office. In 1995 and 1996, guilty of "serious error" in dealing with documents he said, field offices were told 11 times to send the in the case. Freeh's comments on the day McVeigh documents. When it appeared that not all materials had been scheduled for execution, came less than a had been sent, Freeh said he sent a priority teletype week after the revelation that more than 3,000 pages to all field offices in November 1996 directing all of documents were withheld from McVeigh's lawyers materials be sent promptly. "As we now know, there before his trial. That discovery led Attorney General were still many offices that had failed to comply fully John Ashcroft to postpone McVeigh's execution. or precisely with the instructions given," Freeh said. Freeh said he did not think the documents found FBI agents first realized they had documents that would change McVeigh's conviction for the April might not have been turned over to McVeigh in March 1995 federal building bombing that killed 168 people. when archivists started to store the documents, Freeh "Although I fully support the Attorney General's said. By the time they were sure that the documents decision to postpone the execution I do not believe hadn't been shared, it was May, he said. The FBI turned this belated disclosure of documents will affect the the documents over to the prosecutors on May 8, who outcome," he said. gave the documents to McVeigh's lawyers on the same McVeigh's lawyers met with him at the federal day. Freeh said he didn't learn about the documents prison in Terre Haute, Indiana, and said he was until May 10. He said more documents showed up taking an active role in deciding what to do. McVeigh this week [17 May] and they were discovered only had declined to pursue further appeals, allowing after he ordered all of his deputies worldwide on his execution date to be set, but attorney Nathan Friday to do one last 'shakedown' for any documents Chambers said that the inmate was "willing to consider and warned them he would hold them personally all options that are available to him". responsible if all weren't retrieved. Freeh, in his first public statements about the FBI "This latest scrubbing has produced additional mishap, told a House Appropriations subcommittee he documents which are currently being reviewed would be adding "a world-class records expert" and to determine whether they were covered by the creating a separate office of records management and discovery agreement and, if so, whether they have policy to ensure that documents aren't mishandled been produced," Freeh said. Freeh said he suspects in the future. He said he also will increase records there won't be one single answer to why all the training for agents and order the FBI to take time to documents in the case weren't turned over earlier. review proper procedures for handling important "For example, some offices wrongly concluded that the documents. The McVeigh documents "should have information was so extraneous that it was not covered been located and released during discovery," Freeh by the request related to these prosecutions," Freeh said in one of his last appearances before Congress. said. "Some offices forwarded summary results of "As director, I'm accountable and responsible for investigation but not the underlying documents. Some that failure, and I accept that responsibility." Freeh offices forwarded copies of originals. Some offices recently announced he was retiring in June, two years turned investigative inserts into 302 and forwarded before completion of his 10-year term. only the 302s. Some offices overlooked material when culling out responsive documents. Finally, some [Some] lawmakers said the situation had been offices believed they sent the material but, in some blown out of proportion. "You had 28,000 interviews, cases, not in a form that could be uploaded into our existing system." responsible for the National Library, Marian Hobbs, by Jesse J. Holland, Associated Press Writer, said today. A new amendment to the National Library Washington, on nzrecords listserv, 17 May 2001 [slightly Act 1965 will confirm that the Crown will hold the abridged] collections of the Alexander Turnbull Library forever and that the Turnbull Library will remain part of the Also... National Library. ...Last December FBI headquarters, for the fifth "Labour came to power promising both the time, ordered that all the Oklahoma-bombing Turnbull's unique status and to support the National documents be permanently archived. As material Library as an institution of primary significance in flowed in from the field offices, the archivist realized New Zealand's creative economy", Marian Hobbs some of it had never been put in the main case file and said. "I am thrilled the government has endorsed shared with defense lawyers. Not until Tuesday were proposals which are the result of intensive work by all McVeigh's lawyers notified-and even then FBI officials those associated with the library community". Marian waited two more days to analyze the documents Hobbs said the legislation would acknowledge the before telling Freeh; they were ashen as they left security and status of the Alexander Turnbull Library his office. He was, says one insider, "absolutely by: defining its purpose - defining the functions tear-ass." Bush and Ashcroft learned Thursday as and powers of the Chief Librarian - confirming the well, and immediately after Ashcroft's Friday press Crown's undertaking to preserve, protect, develop conference, officials from the Justice Department and make accessible the collections of the Alexander Inspector General's office descended on the bureau to Turnbull Library forever. investigate what had gone wrong. "While people want the synergy of the two Time, May 21 2001. institutions they also wish the Turnbull to be visible, not subsumed", Marian Hobbs said. "The legislation will do this by making the complementary History in the Media purposes of the Turnbull and National Library clear. Proposals from the LIANZA library and information The Royal Geographical Society, formed in 1830, association, for a National Information Strategy call has announced plans to make its archives accessible for a co-ordinated and planned approach to create a to the public for the first time. Backed by the Heritage knowledge society. Lottery fund, the plans include a new exhibition and reading room area at the Society's Kensington "The bill will redefine the purpose of the National headquarters. The card index will also be made Library to include working alongside organisations available on the Internet. Treasures include a 1486 atlas with related aims such as museums and archives as once owned by William Morris, David Livingstone's well as with other libraries in our communities. compass and cap, and Ranulph Fiennes's polar sledge, "The bill will replace the existing Trustees of the along with an estimated two million maps, drawings, National Library with two new groups. One body, to photographs and charts spanning 1,000 years of be called the Guardians of the Alexander Turnbull exploration and adventure. Library, will assume those functions of the Trustees The Mormon Church has published a searchable that relate to the Alexander Turnbull Library. This database of records from the Freedman's Bank, will include providing advice to the Minister, and making extensive ancestral records for millions of acting as an assurance to the people of New Zealand black Americans easily available for the first time. that the Turnbull Library collections will be held in When the bank was established in 1865 to help former perpetuity. The bill will also provide for a Ministerial slaves it meticulously collated details of names, advisory body on general library and information family relationships and former owners, providing a issues, including access to library information services rich source of documentation. The Mormon Church in New Zealand's cultural and economic life. has maintained its massive genealogical database "The new body will support cross-cultural since 1894 and planned future publications include a collaboration and efficiency in protecting, preserving database for the 1880 US national census. and promoting access to information, including History Today [UK], May 2001, p.10. documentary heritage and matauranga Maori (Maori
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Please forwardme ....copies of Cblonial Keywcrds Enclosed ism y cheque for . In this Issue NZSA Council ABC of Archives: 'B' is for Bears. Mary Monckton News The Role of Records in the Democratic State, and the Gisborne Cancer Inquiry. Rosemary At the Annual General Meeting on 29 June the Collier following Council was elected: New System for Accessing Records. Michael President: There being no nomination for Mead President, and our Constitution requiring that a Nelson Loses the Battle of LINZ. Stephanie van President serve no more than two terms, Rosemary Gaalen Collier was appointed Acting President. LINZ Records: Letter to Matt Robson. Rosemary Rosemary is a retired consultant archivist, at Collier present working on contract as Archivist at the Bank Submission on the Proposed Public Records of New Zealand, Wellington. Bill, 2001 Vice-President: Noelene Wevell. Noelene is NZSA Conference Archivist at Horizons mw (Manawatu-Wanganui Addendum Regional Council), Palmerston North. New Appointment Secretary: Penny Allen. Penny is Archivist at the Wanganui District Council. New Zealand Guide to Records Management Treasurer: Dorothy Neilson. Dorothy is Archivist NRAM News Hank Driessen for the Fletcher Challenge Trust, which is responsible News Items: Freeh: FBI Blundered in McVeigh for the archives of the former Fletcher Challenge Case; History in the Media; Turnbull Library Status Corporation. And Collections Assured; Council fighting to keep Editor, New Zealand Archivist: Rosemary Collier land records; Office closure 'incompatible with Council Members: Eamonn Bolger, Head of policy'; Bid to regain archives; Land records must Appraisal at Archives New Zealand and former go says Government; Land records trucked out; Archivist at Te Papa Tongarewa Museum of New Streamlining storage of council information files; Archives save Pacific sounds; Marlborough users Zealand, Wellington not happy with land records being shifted south; Kevin Bourke, Consultant Archivist and Records Records can come back; Fight over land records Manager, currently working at Wellington City not over; Records no longer received; Waananga Council Archives and Film Archive now in partnership; Back room Nicola Frean, Special Materials Librarian at the J.C. overtakes archive; Library change a 'dumb-down'. Beaglehole Room, Victoria University of Wellington Archives New Zealand in the News: Archives Library, formerly Archivist at the Upper Hutt City Chief appointed. Council and Administrator/Trainer for NRAM NZSA Council News Gareth Winter, Archivist, Wairarapa Archive, ------♦------Masterton. About the Contributors Rosemary Collier is a consultant archivist, currently Archivist at BNZ Archives, and President of NZSA Hank Driessen is Head of Exhibitions and Public Relations at Archives New Zealand Michael Mead works for Knowledge & Corporate Communications, LINZ Head Office Mary Monckton works in the Archives at the South Taranaki District Museum, Patea Stephanie van Gaalen is Archivist at the Nelson Provincial Museum
New Zealand Archivist (ISSN 0114-7676) is the quarterly journal of the New Zealand Society of Archivists Incorporated. It is published each year in: Autumn/March; Winter/June; Spring/September and Summer/December. It is compiled by the Editorial Committee: Rosemary Collier, Hank Driessen. The Australian correspondent is Michael Hodder. Copyright © NZSA and contributors, 1999. Views expressed do not necessarily represent those of the NZSA. The editorial address is PO Box 27-057, Wellington, NZ. All other correspondence to Secretary, NZSA, at the same address. Contributions for publications are invited. The journal is available through membership of the Society (personal $45.00 in NZ, $55.00 overseas, or institutional $100.00) or separately by subscription at the same rates. Overseas rates include airmail postage. All charges payable in New Zealand dollars only.