NZ Defence Exempted from Keeping Some War Records Under Law Change
A proposed change to New Zealand’s Public Records Act will allow the Defence Force to seek exemptions from its legal duty to keep records during multinational deployments.
The amendment, part of the wider Regulatory Systems (Internal Affairs) Amendment Bill, passed its first reading in Parliament in August with strong support. The Bill aims to streamline 23 Acts administered by the Department of Internal Affairs.
According to the regulatory impact statement, overseas recordkeeping has often been “ad hoc and occurs rarely,” with many records created and managed under foreign jurisdictions. The change is intended to “relieve agencies of the burden of non-compliance” and “enhance confidence” in the system by recognising these realities.
However, historians and accountability advocates have raised concerns. Dr Aaron Fox warned that the exemption could hinder the ability to prove misconduct or war crimes, stressing that records are essential for accountability. He noted that New Zealand forces have long recognised the importance of preserving records, citing examples from World War II where soldiers reconstituted destroyed files to maintain accountability.
The proposal comes in the wake of past recordkeeping failures, including those exposed during Operation Burnham in Afghanistan, which prompted major reforms of Defence information systems. While the Government has committed new funding in Budget 2025 to improve recordkeeping, critics argue that exemptions risk undermining transparency and public trust.