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New Zealand Post Data Terms

Last updated: 1 December, 2024

Notice

The data within the New Zealand Postal Address File 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 https://creativecommons.org/licenses/by/4.0/ (the “CC Terms”) and may be used in accordance with the CC Terms.

New Zealand Post Limited owns, or has a licence to use, all intellectual property rights in the New Zealand Post Postal Address File data incorporated in this product or service.

Data Terms

  1. In the following terms:
    1. “End User” means you;
    2. “End User Agreement” means the Agreement (as defined above at the start of the Terms and Conditions);
    3. “Data” means the Postal Address File, as more particularly described at www.nzpost.co.nz/sendright, as such description is amended from time to time;
    4. “Documentation” means any user and technical documentation supplied by the Licensor with the Data to enable the Licensee and its personnel to use the Data, and any confidential information of the Licensor;
    5. “Intellectual Property Rights” includes copyright and all rights conferred under statute, common law or equity in relation to inventions (including patents), registered or unregistered trademarks, registered or unregistered designs, circuit layouts, databases, confidential information, know-how, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world, together with all right, interest or licence in or to any of the foregoing;
    6. “Licensee” means Addressfinder Limited of Wellington New Zealand, NZ Company Number 8163685;
    7. “Licensor” means New Zealand Post Limited a company incorporated in New Zealand with its registered office at Wellington;
    8. “LINZ Data” means data which has been compiled by Land Information New Zealand; and
    9. “Restricted Data” means:
      1. any data which has an address type of Bag, Box, CMB Rural, CMB Urban or Counter Delivery; and
      2. for any data which has a “Rural” address type, the data in the ‘RD Number’ and ‘Mailtown’ fields.
  2. The End User agrees that the Data (other than the LINZ Data) and the Documentation and all Intellectual Property Rights and other rights in the Data (other than the LINZ Data) and the Documentation from time to time remain the property of the Licensor.
  3. The End User has no right to use any of the trade marks, business names or logos of the Licensor unless expressly stated otherwise in any sub-licence granted to the End User by the Licensee within the terms of any licence granted by the Licensor to the Licensee.
  4. The End User must not make any statement or claim relating to the Data being approved, recommended or endorsed by the Licensor or do anything similar or imply that such is the case, unless the Licensor has expressly given its prior written consent to the form and content of such claim.
  5. The End User (and any of its agents and subcontractors) may only use Restricted Data in accordance with the End User Agreement, for the End User’s internal 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 Restricted Data to any person, or purport or attempt to do so, in each case, unless expressly permitted otherwise by the Licensor 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 Restricted Data or relay or disseminate the same to any other party.
  6. The End User must comply with the requirements of the Privacy Act 1993 (New Zealand) and any other applicable law or regulations relevant to its possession or use of the Data.
  7. The End User must ensure that its personnel, agents and sub- contractors comply with the above terms as if they were the Licensee.
  8. The End User acknowledges that the Licensor has made no warranty that the Data will be free from errors, omissions, inaccuracies, viruses or other destructive code, or that the Data will be fit for the End User’s purpose or for use in any specific technical environment.
  9. The End User agrees and represents that it is acquiring the Data and any Documentation for the purposes of a business and that the Consumer Guarantees Act 1993 (New Zealand) does not apply.
  10. The End User must indemnify the Licensor and keep the Licensor indemnified 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 Data by the End User or any other person who has obtained the Data from an End User. The End User’s total aggregate liability to the Licensor under this clause x shall not exceed $250,000.
  11. The Licensor must have rights to enforce the above terms for the purposes of the Contracts (Privity) Act 1982 (New Zealand), and is entitled to terminate the End User’s right to use any Data if the End User breaches any of those terms.
  12. These Data Terms are governed by the laws of New Zealand and the End User and Licensee submit to the non-exclusive jurisdiction of the New Zealand courts.