Pātai Terms of Service

These terms of use apply to the Pātai website (Website), administered and operated by Transpower New Zealand Limited (Transpower).

1. Services

Through the Website, Transpower will respond to enquiries relating to land use around Transpower National Grid assets that involve, or may involve, a Resource Management Act 1991 process (or any substitute legislation). Transpower’s response may include comments and points of clarification on resource consent applications, affected party approvals under the Resource Management Act 1991, and advice on the location and design of structures and planting around electricity transmission lines/towers. Together all of these constitute the Services.

These Services are provided free of charge, except that in some circumstances Transpower may require you to pay for third party consultancy services such as engineering advice if it needs this advice in order to provide the Services. Transpower will tell you if this is required.

Responses times will vary depending on the complexity of the request. Any period during which Services will not be provided or processed (such as Christmas break) will be advertised on the Website.

You can withdraw enquiries or requests for Services at any time by notifying Transpower via the Website.

2. Conditions of Use

By accessing and/or using to this Website and any Services you agree to be bound by the following terms and conditions. If you do not agree with anything then you should stop accessing and/or using this Website and the Services immediately.

You may use information provided to you through the Website or the Services solely for your personal and/or internal business purposes, provided that you do not remove any proprietary rights notices, do not modify the information or make it available to third parties through a networked computer environment, do not use it in a misleading or derogatory context and do not make any additional representations or warranties regarding the information.

Additional terms may apply to specific Services provided through or on this Website. Where we indicate that additional terms apply, you must read these Terms of Use in conjunction with those additional terms. If there is any inconsistency between these Terms of Use and those additional terms, the additional terms will prevail (unless expressly stated otherwise).

3. Amendments to Terms and Conditions

Transpower may revise these Terms of Use in whole or in part from time to time. Transpower will provide 30 days notice of any changes by advertising on the Patai website (e.g. by posting a banner). Any change applies from the date stated in that advertisement. Your continued use of this Website after the 30 days notice indicates your acceptance of any changes.

4. Disclaimer

The contents of this Website are provided on an “as is” basis. To the fullest extent permitted by law, Transpower:

excludes all representations and warranties relating to this Website and its contents, including in relation to any inaccuracies or omissions in this Website or its contents; and
excludes all liability for loss or damage arising out of or in connection with your use of this Website, whether or not such loss or damage was foreseeable, arose in the normal course of things or you advise Transpower of the possibility of the loss or damage.

Nothing on this Website constitutes:

an offer by Transpower to sell you any products or services; or
legal advice and it is not intended to take the place of specific legal advice from a qualified professional advice.

5. Liability

Transpower reserves the right to revisit any response, advice or assessment provided during the Services should your proposal change or should a substantial amount of time pass following Transpower’s response, advice or assessment where you have not commenced your proposed activity.

Transpower’s response, advice or assessment provided during the Services will not be binding on it and cannot be relied upon by you, if any information given (such as but not limited to site details and/or the nature of the development) is false, inaccurate, incorrect or changes materially from that indicated in the request or correspondence.

6. Availability

We will use reasonable efforts to make the Website available for your use with minimal interruptions. The Website may be temporarily unavailable for maintenance.

Transpower makes no warranty or representation, express or implied, as to continuity of the Website or Services. It reserves the right to suspend, terminate or otherwise alter some or all of the Services at any time and without notice.

7. Third Party Content and Links

Some content on this Website may be taken from sources external to Transpower. Transpower does not necessarily share the opinions expressed or endorse the material appearing in that content, and will not be liable for it. Transpower cannot guarantee that third party websites are accurate or that they will operate correctly.

8. Login

You must keep all usernames and passwords secure and confidential and must not disclose them to any third party. You are responsible for any actions taken through your login. You also agree to maintain and update any contact information to keep it accurate, current and complete.

9. Access Restrictions

Transpower may, at any time, at its discretion restrict your access to all or any part of this Website, including but not limited to if you have breached your obligations under clauses 11, 12 or 13.

10. Privacy

Our Privacy Notice applies to the personal information Transpower collects about you. By registered for an account and agreeing to these terms and conditions, you’ll be regarded as having also agreed to the terms of that Privacy Notice. Please make sure you have read the Privacy Notice before agreeing to our terms and conditions.

11. Intellectual Property

All intellectual property rights in the underlying source code of this Website and all Website design, text, graphics, software and other material on this Website belong to Transpower New Zealand Limited or its licensors (except that of third party content). No part of this Website may be reproduced without Transpower New Zealand Limited's prior written consent, except to the extent allowed by law.

We have the right to disclose your identity to any third party who is claiming that any information or material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, breach of their confidential information or right to privacy.

You warrant that you own, or have the right to use, all intellectual property in any information or materials that you upload to the Website for the purposes of Transpower providing the Services and for directly related purposes, and you agree to indemnify us against any claims by third parties that Transpower’s use, copying or modification of the information or materials in accordance with these Terms of Use constitutes an infringement of their intellectual property.

"Transpower" and the Transpower logo are registered trademarks of Transpower New Zealand Limited in New Zealand. "The National Grid" and the names of Transpower's products and services featured on this Website are trademarks of Transpower New Zealand Limited.

The names of third parties and the names of their products and services featured on this Website are trademarks of the relevant third party, and may be registered trademarks in New Zealand and elsewhere.

12. Uploading Material to the Website

Whenever you make use of a feature that allows you to upload material to the Website for the purpose of accessing Services you must comply with the Content Standards set out below. You confirm that any such Contribution does comply with those standards, and you indemnify us for any failure to comply.

By uploading material and information to the Website as required to request a Service from Transpower, you grant Transpower a royalty-free, perpetual, non-exclusive and irrevocable right to use, copy, distribute and disclose it to relevant third parties as set out in these Terms of Use and our Privacy Policy.

We have the right to remove any material you upload to our Website if, in our opinion, such material does not comply with the Content Standards set out below or is irrelevant or otherwise breaches these Terms of Use.

Content Standards
These content standards (Content Standards) apply to any and all information and material which you contribute to our Website (Contributions), and to any interactive services associated with the Website.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in New Zealand.

Contributions must not:

contain any information which is defamatory of any person or which is obscene, offensive, hateful or inflammatory;
promote violent or sexually explicit material;
promote discrimination;
infringe any intellectual property, copyright or trademark of any other person;
be false, inaccurate or likely to deceive or mislead any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity or violate any law or regulation;
be threatening, harassing or abusive;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
contain viruses, trojan horses, worms, time bombs, or similar harmful programming routines.

13. No damage to Website and the Services

You must not:

use the Website in a manner that may damage, disable, overburden or impair either the Website or the networks connected to the Website;
modify, translate, reverse engineer, decompile, disassemble or create derivative works of the Website or the Services (or any part of them) or otherwise attempt to: (i) defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Website (or any part of them), including, without limitation, any such mechanism used to restrict or control the functionality of the Website and the Services; or (ii) derive the source code or the underlying ideas, algorithms, structure or organisation form of the Website or the Services (or any part of them); or

14. General

These terms and conditions are governed by the laws of New Zealand. All disputes arising out of your access and/or to this Website are subject to the non-exclusive jurisdiction of the New Zealand courts.

If any of these terms or conditions is deemed invalid or unenforceable for any reason, the invalid or unenforceable provision will be severed from these terms and conditions and the remaining provisions will continue to apply.

15. Contact Us

If you have any questions about our terms and conditions, please contact [contact].

Last updated: 15 December 2020.

Privacy Policy

Introduction	Transpower is committed to complying with its obligations in the Privacy Act 2020.
Application of Privacy Notice	This Privacy Notice covers the collection, use, disclosure, quality, security, access and correction of information that is about an individual who is identified or is reasonably identifiable (“Personal Information”). This Privacy Notice applies to Personal Information collected in course of responding to your enquiries relating to land use around Transpower National Grid assets that involve, or may involve, a Resource Management Act 1991 process, including comments and points of clarification on resource consent applications, affected party approvals under the Resource Management Act 1991, and advice on the location and design of structures and planting around electricity transmission lines/towers (“Services”) through our website at [transpower.patai.co.nz] (“Patai website”). “You” or “Your” refers to the individual who has requested the Services through the Patai website.

1. Collection of Personal Information
Types of Personal Information collected	Transpower collects Personal Information relevant to the Services and directly related purposes. This Personal Information may include: · names; · contact details (e.g. email addresses, phone numbers); · property details; · requested Service; and · any other information provided to Transpower during the course of the Services (whether by you, third parties or the public- see below).
Collecting Personal Information from you	We collect most of this Personal Information through the Patai website, but also from any face-to-face discussions, telephone discussions, and email communication. Transpower may request additional information be provided by you for the purpose of providing the Services. If you provide Personal Information about another individual, you warrant that you have the consent of that individual to do this.
Collecting Personal Information from Third Parties/Public	Transpower may sometimes collect Personal Information from publicly available sources (such as Councils and LINZ) or third parties (such as planning and engineering consultants) including assessments and investigation reports, in order to assist it to provide the Services. Transpower will only collect Personal Information from third parties if it reasonably believes you have authorised Transpower to do so, it is necessary for Transpower to provide the Services, or you have authorised the third party to share the information with Transpower.
Sensitive Information	Transpower does not wish to collect sensitive information such as medical or financial information from you. Please do not provide it to us.
2. Use and Disclosure of Personal Information
Information not Provided	If you do not provide any Personal Information or other information we require, Transpower may not be able to effectively provide the Service, or provide a requested Service at all.
Uses	The Personal Information will only be used to provide the Services or directly related purposes.
Sharing with Third Parties	Transpower will not share Personal Information that is provided or collected, unless it is necessary or desirable to do so to provide the Services (e.g. engineering consultancy for engineering advice, or discussing potential adverse effects on Transpower assets with the relevant Council) or where you have consented. Transpower may disclose your identity to any third party who is claiming that any information or material posted or uploaded by you to the Patai website constitutes a violation of their intellectual property rights, breach of their confidential information or right to privacy
Sharing for Compliance/Law	Transpower may release Personal Information when it believes this is appropriate for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities) or to facilitate court proceedings, enforce Transpower’s rights, or to protect Transpower or others. Transpower may also be required to disclose information under the Official Information Act 1982 or to a Parliamentary Select Committee or Parliament in response to a Parliamentary Question.
Sharing under other grounds set out in Privacy Act	Transpower can also release Personal Information in other ways permitted by the Privacy Act 2020.
Storage	When you provide Personal Information during the Services, unless otherwise indicated, that Personal Information will be held by Transpower. It may be stored or accessed by third parties (such as third-party subcontractors) to the extent that is necessary, for example for them to provide advice or work on the Patai website.
Retention	Where any information provided (which may include Personal Information) constitutes public records, it will be retained as necessary or if greater to the extent required by the Public Records Act 2005.
3. Protection of Personal Information
Security	Transpower uses reasonable and appropriate security protections to ensure that Personal Information in its care is not misused, lost, disclosed, modified or accessed without proper authorisation. Access to Personal Information stored in Patai is restricted to those Transpower employees or contractors who require such access to perform a legitimate business purpose relating to the Services, such as maintenance, internal security or other related issues.
Confidentiality arrangements for employees or contractors	All Transpower employees and contractors, as a prerequisite of employment or engagement, are required to agree to confidentiality in relation to Personal Information they will have access to.
4. Accuracy of Personal Information
Accuracy	Transpower takes reasonable steps to ensure that all Personal Information that it holds is accurate, complete and up to date. You should notify Transpower if there are any changes to your Personal Information or if any Personal Information held about you is incorrect or out of date.
5. Access and Correction Rights
Access rights	You have the right, at any time, to request access to Personal Information which Transpower holds about you, provided appropriate identification is made available.
Correction rights	You have the right to request that your Personal Information be corrected. Usually this will happen as part of normal business practice. If however Transpower does not make that correction, you are entitled to have a statement of the correction sought attached to the relevant Personal Information.
6. Changes to the Privacy Notice
Notice and advertising on Patai website	Transpower may review and amend this Privacy Notice from time to time. Transpower will provide 30 days notice of any change by advertising on the Patai website (e.g. by posting a banner). Any change applies from the date stated in that advertisement.
7. Contact Details
Contact	Transpower New Zealand Limited is the entity collecting and holding personal information for the Services. Its address is Waikoukou, 22 Boulcott Street, Wellington 6011. If you have any enquiries, concerns or complaints relating to this Privacy Notice or Transpower’s privacy practices in relation to the Services, or you wish to access or correct any of the Personal Information Transpower holds about you, please contact Transpower at
Privacy Commissioner	If you are not satisfied with our response to a privacy-related concern, you can contact the Office of the Privacy Commissioner by emailing enquiries@privacy.org.nz.
Last Update	This Privacy Notice was last updated on 15 December 2020.

Terms of Service