1. AGREEMENT AND AMENDMENT
Agreement to Terms
1.1 Welcome to New Zealand Mine Plans (NZ Mine Plans), a web-based service owned by the Ministry of Business, Innovation & Employment on behalf of the Crown (we, our, us, MBIE) and WorkSafe New Zealand accessible through the New Zealand Petroleum and Minerals (NZP&M) website. NZ Mine Plans has been established to allow the easy discovery, preview and access to historic and recent mine plans of New Zealand and includes:
a) information provided to us by permit applicants and permit holders, that we release on NZ Mine Plans in accordance with and as permitted by the Crown Minerals Act 1991 and regulations under that Act;
b) information provided to us by third parties that we have been permitted by to share on NZ Mine Plans; and
c) information from public archives and museums that has been donated to the collection.
1.2 When we use the terms you, your or User, we are referring to any person who accesses NZ Mine Plans.
1.3 These Terms of Use (Terms) govern your use and access of NZ Mine Plans. By viewing and using NZ Mine Plans, you are agreeing to be bound by these Terms. If you do not like these Terms or don't want to be bound by them, you cannot use NZ Mine Plans.
Amendment of Terms
1.4 We may amend these Terms and our Privacy Policy from time to time. If we do, a notification on the NZP&M “home” page will advise you that there has been an amendment to the Terms or Privacy Policy. The notification will be accompanied by a link to the amended Terms or Privacy Policy. You accept that notice of amendments on NZ Mine Plans will be deemed to be notice to you and your continued use of NZ Mine Plans after any such amendments constitutes your consent to those amendments.
2. DEFINITIONS
2.1 There are some additional terms in these Terms that have a special meaning:
Verification Code means a unique code sent to Users that enables temporary access to NZ Mine Plans.
CMA means the Crown Minerals Act 1991 as amended or replaced from time to time and includes all regulations and other subordinate legislation made under that statute.
Crown Copyright Licence means the Creative Commons Attribution 4.0 International Licence for which the full terms of the licence are available at https://creativecommons.org/licenses/by/4.0/
Data means:
a) information on maps or plans;
b) information on shapefiles or geospatial;
c) analysis or interpretive cross-sections;
d) a catalogue of locations, commodity and status of mines; and
e) other data or information relevant to any of the above or the subject matter of NZ Mine Plans.
For the purposes of this definition, “information” includes location points, interpretations, meta data, raw and processed data.
Intellectual Property Rights means all industrial and intellectual property rights whether conferred under statute, common law or equity, including all copyright rights, inventions (including patents and patent applications), trade marks, designs, circuit layouts, domain names, rights in databases, confidential information, trade secrets, know-how, and all other industrial and intellectual proprietary rights, whether registered or unregistered, and all equivalent rights and forms of protection anywhere in the world, together with all right, interest or licence in or to any of the foregoing.
Officer means, in relation to a party, an officer, director, employee, affiliate, licensor, supplier, contractor, information provider or agent of that party.
Owner means a Person that holds or owns Intellectual Property Rights in Data or has the right to sublicense Data or has the right or ability to control access to and use of Data.
Person includes an individual, firm, company, corporation or unincorporated body of persons, in each case whether or not having separate legal personality.
3. USER PERMISSIONS AND OBLIGATIONS
Use of NZ Mine Plans
3.1 Any Person may be a User of NZ Mine Plans.
3.2 Each User:
a) is responsible for all of its actions and omissions in relation to NZ Mine Plans and acknowledges that such use is at its sole risk;
b) must maintain the confidentiality of its or their Verification Code and keep it secure (including by not writing it down);
c) must not share its or their Verification Code with any other Person, including employees, and accepts responsibility for the actions of any Person to whom it has shared its Verification Code contrary to this clause;
d) must not use NZ Mine Plans for any purpose other than as specified in these Terms and as permitted by the scope of access rights granted to you;
e) must not use NZ Mine Plans for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches these Terms;
f) must not attempt to gain unauthorised access to NZ Mine Plans or use another User’s Verification Code; and
g) must not knowingly provide false information as a User.
3.3 NZ Mine Plans might contain links to other third party websites. Those links are provided for your convenience and do not mean that we endorse any such website. We are not responsible for the content of any third party website linked to NZ Mine Plans.
4. INTELLECTUAL PROPERTY
4.1 Except for any Data of a third party Owner and open source components (if any), and unless otherwise indicated in these Terms (or within NZ Mine Plans), we (or our licensors) are the exclusive owners of the Intellectual Property Rights in NZ Mine Plans and in any content (including design elements) on NZ Mine Plans.
4.2 You may not use our Intellectual Property Rights and content in a manner that is not authorised by these Terms unless you obtain our prior written approval to do so.
4.3 Data contained on NZ Mine Plans may be:
a) protected by Crown Copyright© (which is copyright owned by the Crown); or
b) subject to copyright belonging to third party Owners and released on NZ Mine Plans, either;
(i) as authorised by the CMA; or
(ii) with the consent of its third party Owner.
4.4 Unless otherwise indicated in these Terms (or within NZ Mine Plans), Crown Copyright© Data contained in NZ Mine Plans is licensed for re-use by Users under a Crown Copyright Licence. This licence includes the right to copy, distribute and adapt the Crown Copyright© Data for any purpose, so long as you attribute that Crown Copyright© Data to MBIE (on behalf of the Crown) and abide by the terms of the Crown Copyright Licence.
4.5 We cannot give permission for you to reproduce or re-use any copyright Data belonging to a third party Owner that is held in NZ Mine Plans. If you wish to use that Data, you will need to contact the third party Owner directly to seek its or their permission.
4.6 Notwithstanding clause 4.4, you cannot reproduce or re-use any of the following for which we (or the Crown) are the Owner of the Intellectual Property Rights (whether registered or not), without our consent:
a) any logos, emblems and trade marks; and
b) the design, layout, pictorial and graphical elements of NZ Mine Plans.
5. DISCLAIMERS AND LIMITATION OF LIABILITY
Disclaimers
5.1 While reasonable steps will be taken to ensure that NZ Mine Plans is available to Users, NZ Mine Plans will be unavailable from time to time to permit routine and unscheduled maintenance to be undertaken and for other reasons, and is provided on an "as is" and "as available" basis.
5.2 We, the Owners (and respective Officers of each), do not accept any liability and make no representations or warranties of any kind, express or implied, as to or in connection with:
a) the accuracy, adequacy or completeness of the Data or NZ Mine Plans;
b) the suitability of the Data or NZ Mine Plans for the User's or any other Person's intended use;
c) the operation or availability of NZ Mine Plans;
d) the validity of any Intellectual Property Rights in the Data or NZ Mine Plans;
e) the compatibility or suitability for use of NZ Mine Plans with the User's browser or its information technology equipment and systems; or
f) the Data and other content on NZ Mine Plans or any consequences of NZ Mine Plans or particular Data, not being available.
5.3 Without limiting clause 5.2, each User will use reasonable endeavours to notify MBIE as soon as it becomes aware of any Data that contains any errors, inconsistencies or omissions.
5.4 You, as the User, agree that:
a) downloading and/or use of the Data and use of NZ Mine Plans is at the sole risk of the User and that the User should obtain its or their own appropriate independent advice on its or their intended use of the Data;
b) the Data may have been compiled for a purpose other than the purpose for which the User intends to use the Data;
c) prior to downloading or using the Data for any purpose, the User will obtain all necessary permissions, consents and approvals;
d) if it has reasonable grounds to question the public release of any Data, the User must promptly notify us of those grounds as soon as reasonably possible;
e) it is the User's responsibility to ensure the compatibility of its equipment and systems for use with NZ Mine Plans;
f) in providing any Data to a third party or using or incorporating the Data in the provision of any good or service to a third party, the User will notify that third party that the User provides or uses Data from NZ Mine Plans and that the Data is provided strictly on the basis that:
(i) the User has obtained the necessary permissions, consents and approvals to provide the Data to the third party or incorporate the Data in the provision of any good or service for the third party;
(ii) any use of the Data is at the third party’s sole risk;
(ii) no warranty or representation whatsoever (including as to its accuracy, adequacy, completeness, or fitness for any purpose) is provided by MBIE in connection with the Data; and
(iii) none of MBIE, the Owner (or any Officers of each) nor any other Person providing Data to NZ Mine Plans accepts any liability (including in negligence) in relation to it; and
g) where any Data containing Intellectual Property Rights of an Owner includes any other disclaimer or requirement relating to its use (provided such use is not permitted by the CMA), the User will not use that Data unless it accepts or agrees to that disclaimer or requirement.
5.5 All warranties, conditions and representations in connection with the Data, NZ Mine Plans and the provision of services by us, the Owners, (and their respective Officers) either express or implied, are excluded to the fullest extent permitted by law.
Viruses
5.6 We will use reasonable care to ensure that up to date versions of reputable third party anti-virus software are implemented for the NZ Mine Plans that are capable of detecting and shielding the Data from viruses and other disabling code. However, we do not warrant that the NZ Mine Plans, servers, or emails sent to Users are or will be free of any viruses, malicious code or other harmful components.
Exclusion and limitation of liability
5.7 In this clause 5 we use the term Supplier to mean the Crown, MBIE, Owners and, in each case, their Officers.
5.8 No Supplier will in any circumstances be liable to a User, or any other Person bound by these Terms, in contract, tort (including negligence) or otherwise for any loss, liability, costs, claims, expense, troubles, difficulties encountered or damage of any kind arising from or in connection with (whether directly or indirectly):
a) a User's use of, reliance upon, or inability to use, the Data (in whole or in part), from NZ Mine Plans or any other website to which NZ Mine Plans links;
b) any breach by the Supplier of any of these Terms (provided that nothing in this clause reduces a User's liability for a breach of clause 5.4(e) or (f)); or
c) the collection of Data or its provision to NZ Mine Plans.
5.9 A lack of awareness of this clause 5 or any misunderstanding of its meaning, or failure to consider its implications does not in any way limit or otherwise influence its binding effect upon a User.
5.10 If for any reason a Supplier cannot rely on the above exclusion of liability, the Supplier's liability to the User, or any other Person bound by these Terms, will be limited to $100 in total, and in no event will the Supplier be liable to the User, or any other Person bound by these Terms, for any loss of profit, savings, goodwill or business opportunity or for any indirect or consequential loss resulting from that loss or damage.
5.11 We have the sole discretion to decide whether to:
a) include a side note for any Data where we are concerned with its quality or completeness; or
b) remove any Data (in part or in whole) from the NZ Mine Plans at any time for any reason.
5.12 Each User will indemnify, defend and hold harmless the Crown, us, each Owner, (and their respective Officers), from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from or in connection with any breach by that User or its Officers of these Terms.
6. DEFAULT, SUSPENSION, TERMINATION
6.1 If a User or any of its Officers breaches these Terms or commits any other breach of its obligations owed to us, the Owners or any other User, we may, at our sole discretion and without liability on our part, temporarily suspend, that User and its Officers from using NZ Mine Plans, blocking computers using your IP address from accessing NZ Mine Plans, or contacting your internet service provider to request they block your access to NZ Mine Plans.
6.2 Notwithstanding clause 6.1 above, we reserve the right to disable, suspend or terminate your access to NZ Mine Plans either temporarily or permanently for any reason at any time without notice or liability, at our sole discretion (including as a result of your failure to comply with these Terms).
7. DISPUTE RESOLUTION
7.1 If you have a dispute with us in connection with these Terms or NZ Mine Plans, please call our Business Service Centre. The dispute resolution process set out in this clause will govern any such dispute.
7.2 If you call our Business Service with a dispute under clause 7.1 above, you and our Business Service Centre will use all reasonable efforts in good faith to resolve the dispute. If you and our Business Service Centre can't resolve the dispute to your satisfaction, you may ask the Business Service Centre to escalate the dispute to an appropriate MBIE representative.
7.3 Following escalation under clause 7.2 above, the appropriate MBIE representative will then promptly contact you to try to resolve the dispute with you.
8. PRIVACY AND OFFICIAL INFORMATION
8.1 Our treatment of your personal information is described in our Privacy Policy at https://www.nzpam.govt.nz/about/privacy. In agreeing to these Terms, you will be taken to have read and agreed to the terms of that Privacy Policy.
8.2 We will treat your personal information in accordance with our Privacy Policy, but you acknowledge and agree that we may be required to release information under the Official Information Act 1982 or other law.
9. GENERAL
9.1 Clauses 4, 5.2, 5.4, 5.5, 5.7 to 5.10 and 5.12 are also for the benefit of, and are enforceable by, the Officers of MBIE and the Owners and its Officers (as applicable) pursuant to Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
9.2 These Terms may be varied in accordance with clause 1.4 without the approval of Users, Owners or Officers.
9.3 If MBIE or any Owner exercises or fails to exercise any right or remedy available to it under these Terms or otherwise arising at law or in equity, this failure will not constitute a waiver of that right or remedy and shall not prejudice its rights in exercising that or any other right or remedy at any future time.
9.4 Clause 5 is an essential term of these Terms.
9.5 If any of these Terms are deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
9.6 Any and all dealings and use of the NZ Mine Plans are governed by and shall be construed in accordance with New Zealand law. Without limitation to clause 7, MBIE and the User unconditionally and irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising out of or in connection with these Terms.
10. CONTACT US
10.1 If you have any questions about these Terms, please contact our New Zealand Petroleum & Minerals Business Service Centre.
New Zealand Petroleum & Minerals
15 Stout Street
Wellington 6011
New Zealand
Email: nzpam@mbie.govt.nz
Phone 0508 263 782 (within New Zealand)
+64 3 962 6179 (from overseas)