Terms of Use

Welcome to the LINZ Data Service

1. LINZ Data Service (LDS) is provided by Land Information New Zealand (LINZ) to give users web 2.0 based access and associated support for LINZ geospatial data. LINZ has worked with Koordinates Limited and OnlineGroups.net to deliver LDS which includes:

1.1.Access to the LINZ topographic, hydrographic, geodetic, property related geospatial data and 3rd party imagery that LINZ has released on LDS. This is via downloads from the website, API, WMTS, CS-W, WMS and WFS under Creative Commons and other licence arrangements;
1.2.Supporting self help information in the form of metadata, data guides and FAQ’s;
1.3.The ability to ask LINZ a question about LINZ data or LDS where the self help information does not provide the answer; and
1.4.Access to a geospatial discussion forum in which more general questions, where it is not LINZ role to provide an answer, may be raised. LINZ will participate in that forum as a data supplier.

2. These terms and conditions form the agreement between LINZ and yourself for the use of the LDS

3. Access and Use

3.1.There is free and unimpeded view only access, using the self help information and asking questions, to LINZ geospatial data (excluding certain personal information), via this website.
3.2.You are required to complete the online registration processes if you wish to:
3.2.1.Browse or appraise data that includes any personal information;
3.2.2.Download data up to 3.5GB (zipped), including the relevant licence and metadata files;
3.2.3.Consume API or web services; or
3.2.4.You shall not use the LDS APIs in a manner that adversely impacts the stability of the LDS service or adversely impacts other users of the LDS APIs. Furthermore, LINZ reserves the right to rate limit or block applications that make a large number of calls to the APIs that are not primarily in response to direct user actions.
3.2.5.Participate in the discussion forum.
3.3.Users requiring courier delivery of data in excess of 3.5GB will be required to pay the dissemination costs as quoted at the time of download. This is in accordance with Land Information New Zealand (Fees and Charges) Regulations 2003, Part 7.

4. Availability of the Service

4.1.LDS is normally available as follows:
4.1.1.Website: 99.5% availability on a 24/7 basis;
4.1.2.API and Web services: 95% availability on a 24/7 basis;
4.1.3.Customer Support: Available during normal business hours with: to questions within 5 working days; and within 12 hrs to bugs and other system issues that seriously impact the use of the service.
4.2.While LINZ will use reasonable endeavours to meet this availability, LINZ reserves the right to:
4.2.1.Adjust these levels of availability at any time;
4.2.2.Cease the service for up to 1 month in the case of a major disaster.

5. Your Obligations to LINZ

5.1.You are responsible for the accuracy and completeness of all information provided or submitted by you when registering for or using LDS.
5.2.You must comply with these terms and conditions and relevant data terms as accepted with each download or registration. In particular you must:
5.2.1.Comply with attribution requirements as given in respective metadata and/or respective licences; and
5.2.2.Apply LINZ data in accordance with the restrictions in respective metadata and/or licence such as retraction of personal data, no-use for navigation of SOLAS vessels or defining rights of access.
5.3.You are responsible for ensuring that you use LDS with the appropriate computer hardware, GIS, antivirus or other software and connectivity.
5.4.You are responsible for ensuring that you comply with the Privacy Act 1993 when using LDS.  The Privacy Act 1993 applies to personal information contained in LDS.  You agree that your use of LDS data will not breach the Privacy Act 1993.

6. LINZ’s Obligations to You

6.1.In consideration of you entering into this agreement LINZ shall:
6.1.1.Use reasonable endeavours to maintain LDS in good operational condition; and
6.1.2.Assist you to understand the operational requirements for the use of LDS and the associated LINZ and 3rd party geospatial data.

7. Our Obligations to Each Other

7.1.You and LINZ shall co-operate and assist each other in the performance of our respective obligations under these terms and conditions and bring to each other’s attention any concerns or difficulties experienced with the use of LDS with the intent being to identify areas of improvement in LDS.

8. LINZ’s Liability

8.1.Notwithstanding anything to the contrary, you agree that LINZ shall not be liable for any damages, losses, liabilities, costs or expenses arising from any use whatsoever of any material on this website or on any linked website or arising from:
8.1.1.Any exercise of any right, remedy or discretion which LINZ is entitled to exercise;
8.1.2.Anything for which you accept responsibility or liability under these LDS terms and conditions;
8.1.3.Loss or corruption of your data or records or loss or corruption to your computing resources, software, or other information technology infrastructure;
8.1.4.Any indirect, special, consequential, incidental, reliance or punitive damages, losses, liabilities, costs or expenses;
8.1.5.Loss of revenue, loss of business or business opportunities, profits, anticipated savings, reputation or goodwill;
8.1.6.Any interference with or damage to your computer system, software or data
8.1.7.Any act or failure to act if the act or omission arises from any cause beyond its control. These events may include (but are not to be limited to) acts of God, strikes, lockouts, riots, acts of war, earthquakes, floods, fire, communication line failures, power failures, or computer or processing system failure.

9. Term and Termination

9.1.This agreement shall come into force on your acceptance of these terms and conditions as part of the registration process and shall terminate automatically on any breach by you of these terms and conditions provided however that clauses 8, 10.1, 10.4 and 11 shall survive any such termination.

10. Miscellaneous

10.1.Failure on the part of LINZ to enforce any of these general terms and conditions shall not be construed as a waiver of such terms and conditions or a waiver of the right to enforce those terms and conditions at a later time. 10.2. LINZ reserves the right to change any of these terms and conditions on not less than 30 days prior notice. Such changes may involve (but are not limited to) a change to the type of products and services then on offer or a change to the fees and charges payable for or in relation to the service. Notice of any change to these general terms and conditions will be advised to you.
10.3.These terms and conditions are governed and are to be construed in accordance with New Zealand law.
10.4.A person who is not a party to these terms and conditions shall have no rights under the Contracts (Privity) Act 1982 to enforce any of them.

11. Disclaimer

11.1.Whilst reasonable measures have been taken to ensure the accuracy of the material available on LDS, LINZ gives no warranty either express or implied in relation to the material on this website or on any linked website, including its accuracy, reliability and suitability and accepts no liability whatsoever in relation to any loss, damage or other costs relating to the use of any material on this website or on any linked website or any compilations, derivative works or modifications of the material on this website or on any linked website.
11.2.Third party material available on this website does not necessarily represent the views of LINZ.
11.3.The inclusion of links to third party sites does not imply any endorsement of the linked website or its content or provider.