KĀTOATOA TERMS AND CONDITIONS

1. BACKGROUND
   • Kātoatoa is a secure online system that allows users to submit information to the Ministry for Pacific Peoples (“The Ministry”) online.

 

2. TERMS AND CONDITIONS
   • You acknowledge that you have read and understood these terms and conditions of use and agree to be bound by them. These terms and conditions apply only to access to Kātoatoa and do not waive or alter your existing obligations to The Ministry in any way. The Ministry may amend these terms and conditions from time to time and publish the amended terms and conditions on Kātoatoa site. Your continued use of Kātoatoa after any such amendments constitutes your consent to those amendments.

 

3. USE OF KĀTOATOA
   • You agree that you will not use or permit the use of Kātoatoa in whole or in part for any purpose other than as strictly intended to carry out your business with The Ministry.
   • You agree to follow the instructions supplied to you by The Ministry in relation to Kātoatoa. You agree not to permit the use of Kātoatoa (or information supplied about Kātoatoa) for any illegal or improper purpose.
   • Kātoatoa will be unavailable from time to time to permit routine and unscheduled maintenance to be undertaken and for other reasons and is provided on an “is”; and “as available” basis.

 

4. UNAUTHORISED ACCESS
   • You agree not to distribute or disclose your username or password to any other person. You agree to take all reasonable steps to ensure that your username and password is kept safe.
   • Except as otherwise provided in this agreement, The Ministry is entitled to treat any information submitted using your username and password as being made by you or on behalf of you and you accept liability for losses incurred by The Ministry as a result of unauthorised use of your username and/or password by any person.
   • You agree to inform The Ministry immediately on becoming aware that your username and/or password is or may be known by any other person or that any person may have gained unauthorised access to Kātoatoa.
   • If you have complied with these terms and conditions and inform The Ministry immediately, as per 4.3, you will not be held responsible for any unauthorised access that may occur after you inform The Ministry, unless you have acted fraudulently or negligently.
   • You are liable for any losses incurred by The Ministry as a result of you acting fraudulently, either alone or with any other person or organisation.

 

5. WITHDRAWAL OF ACCESS TO KĀTOATOA
   • The Ministry may withdraw your access to Kātoatoa at any time. The Ministry will give you reasonable notice of the withdrawal of access in the circumstances. The Ministry may suspend or withdraw access to Kātoatoa without prior notice if:
   • You have breached these terms and conditions;
   • The Ministry considers it has reasonable grounds to do so.

• • If access to Kātoatoa is withdrawn for any reason, you must destroy any copies of information or documents that describe or allow access to Kātoatoa.

 

6. INDEMNITY
   • Subject always to clause 4.3 and 4.4, you agree to indemnify The Ministry and hold The Ministry harmless for any loss or damage suffered by The Ministry, or any other party as a result of:
   • A breach by you of these terms and conditions
   • Your use of Kātoatoa or the results of your use of Kātoatoa.

 

7. USE OF INFORMATION
   • The Ministry agrees to take all reasonable steps to ensure that the information which you submit using Kātoatoa is secured appropriately and disclosed only to properly authorised persons or as required by law, as defined under the Privacy Act 2020.
   • The Ministry is required to release information which it holds in response to requests made under the Official Information Act 1992, unless good reason exists to withhold such information.
   • To support The Ministry in managing OIA requests, if you think that particular information could be withheld for reasons under the Official Information Act, you should mark the information ‘Confidential’ where the tool to flag or mark information is available on Kātoatoa. Where the tool is not available, you should notify The Ministry in writing as soon as possible, identifying the information and providing reasoning.
   • You agree that although information may be interpreted as confidential, it may not be exempt from the Official Information Act.
   • The Ministry agree to consult providers and users where relevant in regards to OIA requests.

 

8. LIMITATION OF LIABILITY
   • The Ministry will not in any circumstances be liable to you, in contract, tort (including negligence) or otherwise for any loss or damage of any kind arising from or in connection with your use of, or inability to use, Kātoatoa; or any breach of these terms and conditions.
   • If for any reason The Ministry cannot rely on the above exclusion of liability, The Ministry’s liability to you, or any other person bound by these terms and conditions, for any loss or damage associated with your use of Kātoatoa in compliance with these terms and conditions will be limited to $100, and in no event will The Ministry be liable to you, for any loss of profit, savings, goodwill or business opportunity or for any indirect or consequential loss resulting from that loss or damage.

 

9. GENERAL
   • If The Ministry exercises or fails to exercise any right or remedy available to it under these terms and conditions, this shall not prejudice its rights in exercising that or any other right or remedy at any future time.
   • If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
   • Any and all dealings and use of Kātoatoa are governed by and shall be construed in accordance with New Zealand law. You unconditionally and irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising out of or in connection with these terms and conditions.