Landonline General Terms and Conditions

 

Landonline is offered by Land Information New Zealand (LINZ) to its customers to provide on-line access to, and use of certain features of, the Landonline System. For these purposes, you may sign-up to one of the Landonline services currently available.

These general terms and conditions form the agreement between LINZ and you for the provision and use of Landonline.

LINZ will consider your application and advise you of the outcome.

Access and Use

  1. You will be provided with instructions that will help you access and use the Landonline service to which you subscribe. The instructions comprise of documents entitled 'Digital Certificate downloads and instructions' and 'Storage of Digital Certificates, Passwords and Passphrases'. You must only use and must ensure that your people only use Landonline in accordance with those instructions.
  2. You must at your own cost:
    1. 2.1.  provide all equipment and all software necessary to access the Internet (as specified by LINZ from time to time and notified on this website) and pay for the maintenance of that equipment and software; and
    2. 2.2.  have ongoing access to the services of an Internet service provider.
  3. Your access to the Landonline System through Landonline is limited to the number of licences you have purchased. Each licence enables one person in your organisation to access Landonline at any one time. If you wish for more than one person at a time to use Landonline, additional licences must be purchased.
  4. You are responsible for ensuring that your computer system meets the 'IT and system requirements for using Landonline' as published on the Landonline website.

Availability of the Service

  1. Landonline is normally available:
    1. 5.1.  between the hours of 6:00 am to 10:00 pm Monday through Thursday, 6:00 am to 7:00 pm Friday, and 9:00 am to 5:00 pm Saturday, for searching for the copy or image of any instrument, dealing, or document in Landonline or the lodgement of plans through Landonline; and
    2. 5.2.  between the hours of 7:00am to 7:00pm Monday through Friday on each day LINZ offices are open for business pursuant to regulation 40 of the Land Transfer Regulations 2002 for the lodgement of any other instrument, dealing, or document through Landonline.
    3. 5.3.  The hours of operation specified in clauses 5.1 and 5.2 are set by the CEO of LINZ pursuant to Sections 22(6) and 33(4)&(5) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 and are subject to change from time to time.
    4. 5.4.  LINZ reserves the right to alter or suspend the normal hours of Landonline availability for the purposes of system maintenance and updates. Users will be notified in advance.
  2. LINZ reserves the right to:
    1. 6.1.  withdraw the whole or any part of Landonline generally, in circumstances where an alternative on-line service associated with the conduct of enquiries and dealings with title and/or survey information is substituted for Landonline;
    2. 6.2.  suspend Landonline in whole or in part in the circumstances where LINZ determines that a significant breach of security has occurred or that a security system has failed that compromises or that could compromise the integrity or security of LINZ’s databases, or the Landonline service until LINZ determines that such security breach or failure has been rectified.

Fees and Charges

  1. The user, licence, annual and product service fees for Landonline are set out in the Land Transfer Regulations 2002 as amended from time to time, or the Survey (Departmental Fees and Charges) Regulations as amended from time to time.
  2. You agree to pay all such fees incurred as a result of using Landonline when the same become due and payable by you in the manner notified to you by LINZ.
  3. The user and licence fees for Landonline must be paid before you will be connected to the service. Product service fees must be received by LINZ no later than the 20th of the month following the date of invoice.
  4. Overdue amounts are subject to interest for late payment (from the due date) in accordance with the Land Transfer Regulations 2002. Disputed amounts notified to LINZ will not incur late payment interest while subject to a bona fide dispute. You will be liable to LINZ for all collection costs incurred by LINZ in recovering late payments from you. For amounts that are more than 90 days overdue, LINZ will notify you in writing that unless you:
    • - pay the overdue amount (in full) within 7 days of the date of the notice, or
    • - enter into a payment arrangement (acceptable to LINZ) within 7 days of the date of the notice
    your licence to use Landonline will be revoked.

Security

  1. You are responsible for maintenance of the confidentiality and control of all Security Measures associated with the use by you or your people of Landonline. These Security Measures involve the use of digital signatures and digital certificates and are managed within a public key infrastructure (“PKI”) environment.
  2. You are responsible for the selection and nomination of those of your people who you intend to be Subscribers and, therefore, users of the Security Measures. LINZ reserves the right to decline an application by any Applicant.
  3. You are responsible for ensuring that only the Subscriber named in the digital certificate installs that certificate.
  4. You are responsible for ensuring that your people do not install another person’s digital certificate.
  5. You must promptly notify LINZ if a Subscriber stops working for you.
  6. You are solely responsible for ensuring that your people comply with the User Obligations. You must also comply with the User Obligations.
  7. Any use of Landonline by any person with access to the Security Measures used or made available to you or any of your people (whether authorised by you or not) constitutes sufficient authority for LINZ to:
    1. 17.1.  act on any enquiries, provide such information, update its registers or to otherwise transact such dealings, with or under the instruction of that person; and
    2. 17.2.  charge fees for the use of the products and services associated with Landonline.
  8. You shall promptly notify LINZ as soon as you become aware that any of the Security Measures used or available to you or any of your people are or have been compromised, or if you are aware of circumstances which give rise to a risk that those Security Measures have been compromised. You agree to help LINZ with any investigation of any suspected or actual compromise of any of those Security Measures.
  9. You may request revocation of any of the Security Measures available to or being used by any of your people. Your people may also request revocation of their own Security Measures. LINZ reserves the right at any time to revoke the Security Measures being used by you or any of your people in order to safeguard the integrity and security of LINZ’s databases or the Landonline service.

Privacy

  1. LINZ may collect personal information about you or your people when you or your people, respectively, apply to join or use Landonline and while you or your people, respectively, are users of that service.
  2. That information may be collected:
    1. 21.1.  directly from you or from your credit references, if you are applying;
    2. 21.2.  from your people, if your people are applying; or
    3. 21.3.  from credit reference agencies,
  3. That information may be collected in order to:
    1. 22.1.  help LINZ assess your application to use Landonline;
    2. 22.2.  help LINZ assess whether Security Measures will be issued to you or your people;
    3. 22.3.  help LINZ check your credit information;
    4. 22.4.  facilitate, access and use of Landonline (if you are approved as a customer); and
    5. 22.5.  advise you and your people of changes to the service and these Landonline general terms and conditions.
  4. Your name and contact details and the name and contact details of your Nominated Contacts may be provided from time to time by LINZ to other Applicants or Subscribers or professional associations to which you belong (e.g. the New Zealand Law Society or the New Zealand Institute of Surveyors) for the purpose of enabling user groups to be established.
  5. Information collected may also be used by LINZ for reporting and statistical purposes.
  6. Your application or those of your people may be declined or you or your people may cease to be authorised users of Landonline if you fail to provide information relevant to the application.
  7. You and your people have rights of access to and correction of your personal information in accordance with the Privacy Act 1993.

Accuracy of Information

  1. You are responsible for the accuracy and completeness of all information provided or submitted by you or your people when applying to join or when using Landonline.
  2. LINZ is only responsible to the extent provided by the Land Transfer Act 1952 or any legislation in substitution thereof, for the accuracy of information accessed on LINZ’s computer registers as at the relevant date and time.

Your Obligations to LINZ

  1. You shall be liable to LINZ for reasonably foreseeable costs (including settlement and legal fees), damages, losses or expenses that LINZ may incur, suffer or become liable for as a result of:
    1. 29.1.  your breach of this agreement;
    2. 29.2.  your or any of your peoples intentional misuse of Landonline;
    3. 29.3.  your or any of your peoples negligent acts errors or omissions; or
    4. 29.4.  any claim, suit, action or proceeding brought by a third party against LINZ as a result of the matters set out in paragraphs 29.1 - 29.3. except to the extent that LINZ is at fault through any act or omission.
  2. Nothing in clause 29, limits any rights and remedies LINZ may have under statute or under the general law.
  3. Your use of Landonline may not be transferred to any other person without LINZ’s prior written consent, such consent not to be unreasonably withheld or delayed.
  4. You are responsible for maintaining anti virus measures commonly in place from time to time. LINZ is not responsible for loss or damage caused by your failure to provide and maintain adequate anti virus measures.
  5. You are responsible for ensuring that you and your people do not transmit across or submit to Landonline any material, data or information that:
    1. 33.1.  infringes the intellectual property rights of any person;
    2. 33.2.  is obscene, offensive, upsetting, defamatory, or unsuitable for people under the age of 18 years; or
    3. 33.3.  breaches the Fair Trading Act 1986 or any other statute, regulation or rule of law.

LINZ’s Obligations to You

  1. In consideration of the subscriber entering into this agreement LINZ shall:
    1. 34.1.  endeavour to maintain Landonline in good operational condition throughout the term of this agreement;
    2. 34.2.  assist you to understand the operational requirements and any protocols adopted from time to time for the use of Landonline;
    3. 34.3.  comply with all statutory and regulatory requirements imposed on LINZ regarding the implementation and functionality of Landonline; and
    4. 34.4.  manage the LINZ Registration Authority in accordance with the Landonline certificate policy.

Our Obligations to Each Other

  1. We shall co-operate and assist each other in the performance of our respective obligations and bring to each other’s attention any concerns or difficulties experienced with regard to the application of Landonline with the intent being to identify areas of improvement in the application of Landonline as between us.

LINZ’s Liability

  1. LINZ shall not be liable for:
    1. 36.1.  any damages, losses, liabilities, costs or expenses caused by:
    2. 36.2.  any exercise of any right, remedy or discretion which LINZ is entitled to exercise;
    3. 36.3.  anything for which you accept responsibility or liability under these Landonline terms and conditions;
    4. 36.4.  any compromise of Security Measures used or available to you or to any of your people in the absence of proven negligence or default on the part of LINZ; [device malfunction]
    5. 36.5.  loss or corruption of your data or records or loss or corruption to your computing resources, software, or other information technology infrastructure;
    6. 36.6.  any indirect, special consequential, incidental, reliance or punitive damages, losses, liabilities, costs or expenses;
    7. 36.7.  loss of revenue, loss of business or business opportunities, profits, anticipated savings, reputation or goodwill,
      except to the extent of LINZ’s obligations under statute to provide compensation in the circumstances prescribed by such statute or statutes.

Term and Termination

  1. This agreement shall come into force on the approval of your application and remain in force until terminated by either party.
  2. You may terminate this agreement at any time by notice to LINZ.

Dispute Resolution

  1. If any dispute arises between the parties concerning this agreement (including any dispute as to breach or termination of this agreement) the parties shall without prejudice to any other right or entitlement they may have under this agreement or otherwise, explore whether the dispute can be resolved by the use of the alternative dispute resolution technique of mediation. The rules governing such techniques shall be agreed between the parties or as selected by the New Zealand Chapter of LEADR (Lawyers engaged in Alternative Dispute Resolution).
  2. If the dispute is not resolved within twenty eight days of written notice by one party to the other of the dispute (or such further period agreed in writing between the parties), the parties shall submit to the arbitration of a sole arbitrator appointed jointly by the parties, and if one cannot be agreed upon within 14 days, to an arbitrator appointed by the President for the time being of the New Zealand Law Society or his or her nominee. In either case, the arbitrator shall not be a person who has participated in any informal dispute resolution procedure in respect of the dispute.
  3. Such arbitration shall be determined in accordance with the Arbitration Act 1996 and the law of New Zealand.

Miscellaneous

  1. Where you are operating as a business (or have held yourself out as doing so), you agree that the rights and remedies otherwise available to you under the Consumer Guarantees Act 1993 in respect of your use of the Landonline Remote Access, will not apply.
  2. Where one or more persons are applying together to join Landonline (for example a partnership), the liability of the subscribers to the service shall be joint and several and these Landonline general terms and conditions are to be read as applying to each such person separately.
  3. LINZ shall not be liable for 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.
  4. Failure on the part of LINZ to enforce any of these Landonline 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.
  5. Your address for service and for notices is the address you provide in your application for Landonline unless notice of change is given to LINZ.
  6. LINZ reserves the right to change any of these general 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. LINZ will consult the Law Society and Institute of Surveyors in the event of any change under this clause.
  7. These Landonline terms and conditions together with the User Obligations, 'Digital Certificate downloads and instructions' and 'Storage of Digital Certificates, Passwords and Passphrases' constitute the entire understanding and agreement between you and LINZ as to the subject matter of these general terms and conditions.
  8. These Landonline terms and conditions are governed and are to be construed in accordance with New Zealand law.
  9. You agree to submit any dispute arising under or in connection with these Landonline terms and conditions or Landonline, to the jurisdiction of the New Zealand Courts.

Definitions

"Applicant" means a person that has applied or is applying to become a user of the Security Measures;

"Compromise" means a suspected or actual loss, disclosure, unauthorised use or loss of control over the Security Measures;

"Notice" means notice sent to you by post, fax or e-mail at your last contact address, fax number or e-mail address known to LINZ;

"Landonline" means the products and services offered by LINZ to its customers providing on-line access to and use of certain features of the Landonline System;

"Landonline System" means the LINZ integrated survey and titles database;

"LINZ Registration Authority" (RA) means the person appointed by LINZ from time to time to manage the application, registration and revocation procedures for Subscribers;

"Nominated Contacts" means those of your people nominated by you, including your systems manager and billing contact, to liaise with LINZ from time to time in respect of the registration, revocation and use of your people’s Security Measures, digital signatures and digital certificates;

"Security Measures" means logon names, passwords, private keys used in relation to Digital Certificates or other measures provided to you or your people by LINZ or the LINZ Registration Authority from time to time to enable access or continued access to Landonline;

"Subscriber" means a user of the Security Measures, whose application for such use has been confirmed;

"install" or "installs" refers to that part of the software download process which requires you to provide your security measures to enable access or continued access to Landonline.

"User Obligations" means those obligations which apply to you and each of your people as Applicants or Subscribers;

"you" is a reference to you as an Applicant or you as a Subscriber, as the case may be; and

"your people" is a reference to each and every of your employees, contractors and agents who are Applicants or Subscribers for the time being.

"working day" means any day the Land Registry Office is open to the public for transactions pursuant to regulation 3 of the Land Transfer Regulations 1966.