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Supplied Information Licences

In order to provide data to you (REINZ Data), REINZ sources certain data from information suppliers such as real estate agents, LINZ and territorial local authorities (Information Suppliers).  Some of those Information Suppliers require that REINZ pass on certain contractual obligations to you, as a recipient of the REINZ Data, or require you to pass certain obligations on to your end users as set out below.  When you access the REINZ Data (for use by you or your end users), you agree to the terms set out below.

  1. LINZ Data
    1. We source title, ownership, address, and parcel information from Land Information New Zealand (LINZ), which is made available to you under the terms of the LINZ Licence for Personal Data 2.2 published at https://data.linz.govt.nz/license/linz-licence-personal-data-22/, or the most recent Licence for Personal Data set out on the LINZ website from time to time. These provisions include that, in respect of any personal information, you must:
      1. comply with the provisions of the Privacy Act 2020 (Privacy Act), including the information privacy principles in the Privacy Act, as if you were an “agency” in respect of the personal information under that Privacy Act;
      2. take such security safeguards as are reasonable to ensure the personal information is not misused and is not provided to any individual or entity that has not agreed to comply with the provisions of the LINZ Licence for Personal Data 2.2;
      3. not allow the personal information to be indexed by any public internet web search engine and must ensure that all third parties to whom you provide the personal information (whether or not supplied by you in a modified form or compilation) do the same;
      4. not do, or omit to do, anything that would cause LINZ or REINZ to breach our obligations under the Privacy Act;
      5. not use the personal information in Unsolicited Direct Marketing nor in recipient lists provided by you to other parties which are likely to be used for Unsolicited Direct Marketing (Unsolicited Direct Marketing means a targeted marketing communication, in any form, that the recipient has not consented to receiving);
      6. within 4 working days after REINZ notifies you that REINZ have received a request from LINZ to delete or amend the personal information:
        1. you must amend or delete the personal information (or any part of the personal information) as requested by us;
        2. ensure that all parties to whom you provided the personal information (whether or not supplied by you in a modified form or compilation) do the same; and
        3. provide evidence satisfactory to REINZ that the personal information has been so amended or deleted; and
      7. comply with all laws and not use the personal information for any unlawful purpose.
  2. NZ Post
    1. Data provided in the REINZ data services and products provided to you is party derived from the New Zealand Post NZ Address Dataset (NZ Post Data). New Zealand Post Limited (NZ Post) requires REINZ to provide the following notices to you:
      1. The data within the NZ Address Dataset is sourced from New Zealand Post, Land Information New Zealand (LINZ) and Statistics New Zealand. New Zealand Post copyright reserved. Data sourced from LINZ and Statistics New Zealand is subject to Creative Commons licence terms available at http://creativecommons.org/licenses/by/3.0/nz/ (CC Terms) and may be used in accordance with the CC Terms; and
      2. NZ Post owns, or has a licence to use, all Intellectual Property rights in the NZ Address Dataset data incorporated in the REINZ Data.
    2. In relation to any data supplied to you by NZ Post, you agree, or if you are a reseller of the REINZ Data, you must procure that each end user (you or the end user referred to as the End User) of the data agrees, to the following provisions:
      1. all rights of ownership (including Intellectual Property rights) in and to the NZ Post Data remains the property of the licensor from which that data was sourced;
      2. the End User has no right to use any of the trade marks, business names or logos of NZ Post;
      3. the End User must not make any statement or claim relating to the NZ Post Data being approved, recommended or endorsed by NZ Post or do anything similar or imply that such is the case, unless NZ Post has expressly given its prior written consent to the form and content of such claim;
      4. the End User (and any of its agents and sub-contractors) may only use NZ Post Data in accordance with the relevant end user agreement (i.e. your agreement with REINZ), for the End User’s internal business purposes, which may include providing an online address checking service to the End User’s customers. Without limiting the foregoing, the End User (and any of its agents and subcontractors) must not:
        1. sub-license all or any part of the NZ Post Data to any person, or purport or attempt to do so, in each case, unless expressly permitted otherwise by NZ Post in writing; or
        2. other than as expressly permitted above, copy, reproduce, publish, sell, let, modify, extract or otherwise part with possession of the whole or any part of the NZ Post Data or relay or disseminate the same to any other party.
      5. the End User must comply with the requirements of the Privacy Act 2020 and any other applicable law or regulations relevant to its possession or use of the NZ Post Data;
      6. the End User must ensure that its personnel, agents and sub- contractors comply with the above terms as if they were the End User;
      7. the End User acknowledges that the Third Party has made no warranty that the NZ Post Data will be free from errors, omissions, inaccuracies, viruses or other destructive code, or that the NZ Post Data will be fit for the End User’s purpose or for use in any specific technical environment;
      8. the End User agrees and represents that it is acquiring the NZ Post Data for the purposes of a business and that the Consumer Guarantees Act 1993 (New Zealand) does not apply;
      9. the End User indemnifies NZ Post against any claim, proceeding, damage, liability, loss, cost or expense (including legal costs on a solicitor and own client basis), whether arising in contract, tort (including for negligence) or otherwise, arising out of or in connection with any breach by the End User of any of the above terms or the use of the NZ Post Data supplied by NZ Post by the End User or any other person who has obtained the NZ Post Data from the End User. The End User’s total aggregate liability to NZ Post under this clause shall not exceed $250,000; and
      10. NZ Post has the right to enforce any term in this paragraph 2 for the purposes of Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017, and is entitled to terminate the End User’s right to use the NZ Post Data supplied by NZ Post if the End User breaches any of the terms of this paragraph 2.
  3. Territorial Local Authorities
    1. In respect of any REINZ Data supplied by any territorial local authority (such as a district council) in New Zealand (Councils), you agree, or if you are a reseller of the REINZ Data, you must procure that each end user (you or the end user referred to as the End User) of the REINZ Data agrees, to the following provisions:

        Auckland Council data


      1. The End User has no proprietary rights to that data, and ownership of the data does not pass to the End User.
      2. The End User must use reasonable endeavours to ensure that data is protected at all times from unauthorised use or access by third parties.
      3. The End User acknowledges that data may contain data and information that is sourced from councils, regional councils and other local authorities bodies.
      4. The End User must not do any other thing that REINZ is not authorised to do under the terms of our agreement with Auckland Council (notified to you from time to time), which includes that you must not:
        1. use the data for any other purpose except those expressly specified in the End User’s agreement with us;
        2. remove any proprietary notices incorporated in or on the data; and
        3. sell, offer for sale or otherwise part with possession of that data other than as expressly agreed otherwise.
      5. Auckland Council owns the data supplied to REINZ by Auckland Council (whether the original data supplied by Auckland Council or adapted by us) (Auckland Council Data), which includes the district valuation roll relating to all properties within the Auckland Council region.
      6. Auckland Council disclaims all warranties regarding the Auckland Council Data (whether express or implied) to the full extent permitted by law, including any implied warranties of merchantability or fitness for purposes. Without limiting the foregoing, the End User acknowledges and agrees that the Auckland Council Data is licensed to the End User on an ‘as is’ basis and that Auckland Council does not warrant that the Auckland Council Data is free of errors or omissions. Auckland Council does not warrant that the supply of the Auckland Council Data will be timely, immediate or uninterrupted.
      7. Neither Auckland Council nor any of its councilors, directors, officers, employees or agents shall be liable for any loss, injury, damage or expense whether direct, indirect, special or consequential, suffered by the End User, arising from the Auckland Council Data and/or supply, delivery, access and/or lack of supply, delivery or access to the Auckland Council Data or the Adapted Data, except where the loss, injury, damage or expense is due to the negligence of Auckland Council or any of its contractors or employees, in which case Auckland Council’s liability is limited to the total fees paid by REINZ to Auckland Council under our agreement with Auckland Council.
      8. Auckland Council has the right to enforce any term in paragraphs 3.11 to 3.18 directly against the End User for the purposes of Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017,


        9. Waikato Local Authority Shared Services Limited (WLASS)


      9. The End User may only use data supplied by WLASS, which includes the district valuation roll relating to all properties within the WLASS region (WLASS Data) for its own internal business purposes and in compliance with all laws and regulations, including the Privacy Act 2020.
      10. Subject to any other restrictions on the WLASS Data in this paragraph, the End User must not sub-license or otherwise provide the WLASS Data to any person (other than employees) (but in the case of any data supplied by the Waikato District Council, and provided the End User is not a NZ Government Department or NZ University or Polytechnic, may include the data in a written report created by the End User as long as it contains less than 10 records).
      11. If the End User is a NZ Government Department or NZ University or Polytechnic, the End User must not include any individual property information in a written report or published work.
      12. The End User must not include any individual property data in any digital service or digital publishing provided by the End User.
      13. The End User must not data mine, decompile, disassemble or otherwise reverse engineer any portion of the data (including any source code, object code, algorithms, methods or techniques contained within the data), whether by scraping, harvesting or some other means.
      14. The End User must ensure that the data is protected at all times from unauthorised use or access by third parties.
      15. The End User must not remove any proprietary notices incorporated in or accompanying the WLASS Data and ensure that such notices form part of any data or information derived from the data.
      16. The End User acknowledges and agrees that:
        1. all representations or warranties in relation to the Information, including as to completeness, accuracy, fitness for purpose or otherwise, are excluded to the maximum extent permitted by law;
        2. agrees that the provision of data may be interrupted or terminated from time to time; and
        3. agrees that WLASS has the benefit of any rights given to REINZ by the End User and may enforce those rights by virtue of Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.