Terms of Use

Welcome to the MfE Data Service

1. MfE Data Service (MfEDS) is provided by the Ministry for the Environment (MfE) to give users web 2.0 based access and associated support for MfE data. MfE has worked with Land Information New Zealand and Koordinates Limited to deliver MfEDS which includes:

1.1. Access to MfE environmental data released on MfEDS. This is via downloads from the website, API, WMTS 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 MfE a question about MfE data or MfEDS where the self help information does not provide the answer; and

1.4. Access to a discussion forum in which more general questions, where it is not MfE role to provide an answer, may be raised. MfE will participate in that forum as a data supplier.

2. These terms and conditions form the agreement between MfE and yourself for the use of the MfEDS

3. Access and Use

3.1. There is free and unimpeded view only access, using the self help information and asking questions, to MfE 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 3GB (zipped), including the relevant licence and metadata files;

3.2.3. Consume API or web services; or

3.2.4. Participate in the discussion forum.

4. Availability of the Service

4.1. MfEDS 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:

4.1.3.1. Response to questions within 5 working days; and

4.1.3.2. Response within 12 hrs to bugs and other system issues that seriously impact the use of the service.

4.2. While MfE will use reasonable endeavours to meet this availability, MfE reserves the right to:

4.2.1. Adjust these levels of availability;

4.2.2. Cease the service for up to 1 month in the case of a major disaster; and

4.2.3. Require users to enter into independent service level agreements where specific users require greater availability.

5. Your Obligations to MfE

5.1. You are responsible for the accuracy and completeness of all information provided or submitted by you when registering for or using MfEDS.

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 MfE data in accordance with the restrictions in respective metadata and/or licences.

5.3. You are responsible for ensuring that you use MfEDS with the appropriate computer hardware, GIS, antivirus or other software and connectivity.

6. MfE’s Obligations to You

6.1. In consideration of you entering into this agreement MfE shall:

6.1.1. Use reasonable endeavours to maintain MfEDS in good operational condition; and

6.1.2. Assist you to understand the operational requirements for the use of MfEDS and the associated MfE data.

7. Our Obligations to Each Other

7.1. You and MfE 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 MfEDS with the intent being to identify areas of improvement in MfEDS.

8. MfE’s Liability

8.1. Notwithstanding anything to the contrary, you agree that MfE 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 MfE is entitled to exercise;

8.1.2. Anything for which you accept responsibility or liability under these MfEDS 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 MfE 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. MfE 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 MfEDS, MfE 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 MfE.

11.3. The inclusion of links to third party sites does not imply any endorsement of the linked website or its content or provider.