myTasman Online Services Portal Terms of Use

Tasman District Council operates the myTasman Online Services Portal for online convenience for its customers. As with most online services, there are a number of terms and conditions that apply that must be abided by.

By using the myTasman service you agree to be bound by the following Terms of Use:

1. Definitions

   1. Tasman District Council, the Council, Council, We, Us, or Our, refers to the Tasman District Council local government body corporate established pursuant to the Local Government Act 2002.

   2. You, Your, or Customer, means the individual, corporation, or entity, that is interacting with the Council’s online service offerings.

   3. myTasman Online Services Portal, myTasman portal, myTasman, portal, online service, or service, refers to the Council’s myTasman website and related applications, through which you, its customer, can access information, interact with the Council, and request services.

   4. Terms of Use (this document) means the terms and conditions that you must abide by when using the myTasman portal.

   5. Material means any information processed, stored, or transmitted, in any form including document, text, symbol, image, video, audio, by the myTasman portal.

   6. User account, account, or your login, identifies the person, organisation, or entity, accessing the myTasman portal.

2. Agreement

   1. By accessing or using the myTasman portal, you agree to be bound by these terms of use.

   2. By registering a user account for myTasman, you acknowledge that you have read, understood, and agree to comply with these terms of use.

   3. You will use the portal only for purposes that are permitted by the terms of use and any applicable laws, regulations, rules, or by-laws, generally accepted practices, or guidelines in the relevant jurisdictions.

   4. You will notify the Council immediately following any unauthorised use of your user account or any other breach of security that could impact the myTasman portal.

   5. You will not impersonate another person or use the registered user account of another person at any time.

   6. You will not use myTasman for fraudulent or unlawful activity.

   7. You will not interfere with or disrupt the operation, integrity, or availability of the myTasman portal, its services or computer networks. You will not knowingly subvert the expected behaviour of the myTasman portal. You will not access the myTasman portal from a computer device that is unsecure and vulnerable to cyberattack due to its operating system, firmware, software, or web browser, not being up to date and security patched, or its operator not practising good cyber hygiene.

   8. You will not attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any part of the myTasman portal.

   9. You will not access the myTasman portal from a publicly shared computer device where you are unable to completely clear your login sessions.

   10. The use of the Portal is limited, non-exclusive, non-transferable, and allows for the sole use of the portal by you for its intended purpose.

3. License to Use

   1. You agree to use the myTasman portal only for lawful purposes and in accordance with these terms of use.

4. User Accounts

   1. To access certain features of our online services, you are required to register for a myTasman account.

   2. To register a myTasman account, you can use either a ‘Google’ or ‘Facebook’ login. This login is linked to your myTasman account.

   3. You are responsible for maintaining the confidentiality of your login information and the integrity of all activities that occur under it.

   4. When registering an account, you agree to provide accurate and complete information, and to retain, maintain, and promptly update information that changes.

   5. By registering a user account for a particular property, you warrant that you are the registered owner of the property or have the consent of all registered owners of the property, to set up a user account for the property.

   6. When registering to use myTasman as an individual, you must:

      1. Provide a valid and active email address

      2. Not share your login details with others

      3. Agree to notify the Council as soon as is practicable possible of any unauthorised login

   7. When registering to use my Tasman as a company, corporate body, or organisation, you must:

      1. Be an authorised representative of such an entity to perform the registration

      2. Have the authority to accept these terms of use on behalf of such an entity

      3. Have not had this authority revoked

      4. Provide a valid and active email address

      5. Restrict the login details to those authorised within such an entity to access the myTasman portal

      6. Provide your name and contact details

      7. Accept that all authorised personnel will have access to the information the myTasman portal makes available and all authorised personnel can request services

      8. Agree to notify the Council as soon as is practicable possible of any unauthorised login

   8. The Council reserves the right at any time to modify, restrict, or discontinue myTasman portal access, to all or any part of the service, with or without notice, temporarily, or permanently, without liability to you the entity you represent, or its members.

   9. The Council reserves the right to terminate or suspend your account without prior notice if you violate these terms of use.

5. General Notices, Invoices, and Statements

   1. By registering a user account for myTasman, you acknowledge and agree to the following terms.

   2. You consent to receive communication relating to you electronically.

   3. The Council is not responsible for non-receipt of documents, such as invoices, or notices once sent to you by the Council by email. 

   4. You regularly check your mailbox and ensure your mailbox is able to receive email.

   5. You are aware of any forwarding rules or diversions on your mailbox such that you have access to the forwarded emails.

   6. You ensure your mailbox can receive email with file attachments, such as invoice documents in portable document format (PDF).

   7. You verify that email and notifications from the Council are not filtered as junk email before contacting the Council about not receiving email.

   8. The Council does not warrant or represent that material available on and from myTasman is completely free from errors, or omissions, or is suitable for your intended use. Any advice contained on the portal has been prepared without considering your objectives, financial situation, or needs. Before acting on any advice on myTasman, we recommend that you consider whether it is appropriate for your circumstances. 

   9. myTasman does not provide a property history and should not be relied upon as a complete record of building or planning applications. Copies of decisions should be obtained officially from the Council to confirm records.

6. User Conduct and the Use of Material

   1. As a condition of use when accessing myTasman, you must accept the following.

   2. You only use the material for personal use or informative purposes. 

   3. You agree not to modify or use the material in an improper manner, attribute your use of the material as a material of Tasman District Council, or present it as material of Tasman District Council without prior written consent of the Council.

   4. You do not use or distribute the material or any derivative of the material for profit or commercial purposes.

   5. You do not use, post, or transmit using the myTasman portal or any other computer devices, or social media, any of the material in a way that breaches any applicable laws or regulations, including any privacy laws or in general any common law.

   6. You do not use, post, or transmit using the myTasman portal, or any other computer devices, or social media, any of the Council’s material that interferes with other users, or defames, harasses, threatens, menaces, discriminates, offends or incites racial hatred or restricts any person, or inhibits any other user, from using myTasman.

   7. You do not use the myTasman portal to send unsolicited or unwanted email messages to anyone.

   8. You do not use the myTasman portal to make any fraudulent or speculative enquiries, bookings, reservations, or requests.

   9. You do not post, transmit, or upload via the myTasman portal, any obscene, indecent, inflammatory, or pornographic material, or material that could give rise to civil or criminal proceedings.

   10. You do not collect, or attempt to collect, any information, or communication about any other users of the myTasman Portal.

   11. You do not attempt to undermine the security or integrity of the Council’s computing systems, networks, databases or platforms, or where services are hosted by a third party, that third party's computing systems, networks, databases, or platforms.

   12. You do not attempt to gain unauthorised access to any material. You will only access material to which you are authorised and you will notify the Council as soon as practicable possible if you believe you have erroneously been given access to unauthorised material.

7. Intellectual Property

   1. All material and content included in or made available through the myTasman portal, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of the Council, or its content suppliers, and is protected by applicable intellectual property laws. 

   2. You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of this material, to the extent permitted by law for your personal and non-commercial use.

8. Privacy Policy

   1. The Council takes your privacy seriously.

   2. The Council complies with the New Zealand Privacy Act and follows its privacy principles.

   3. The myTasman portal and related services, comply with Council privacy controls. This includes adhering to the appropriate and lawful collection of personal and personally identfiable information, appropriate storage and use of personal information, not sharing this information with third parties. 

   4. For more information about privacy, please refer to the Councils’ Privacy Policy 

9. Data Protection and Security

   1. The myTasman portal is governed and secured using appropriate technical and organisational security measures to protect your personal data from unauthorised access, use, or disclosure.

   2. The portal employs modern encryption technology to protect the in-transit information between your device and the portal, and to encrypt the data at rest. 

   3. Ensure that you are visiting the myTasman website by carefully checking that the address matches the correct web address.

10. Disclaimer of Warranties

    1. The myTasman portal is provided on an "as is" and "as available" basis, without any warranties of any kind, either express, or implied.

    2. We make no warranties or representations about the accuracy or completeness of the content provided through the myTasman portal.

    3. Any information relating to the portal or the potential access or use of the portal is of a general nature only. 

    4. The Council acknowledges that in the provision of the portal, third party products, services, or software applications, may have been used to deliver a customer friendly experience to you.

    5. At times myTasman may undergo development, or upgrades, or cease to operate for a period, and you agree that in such circumstances, prior notice of such an event may not be given to you.

11. Limitation of Liability

    1. The Council's liability is limited to the maximum extent permitted by law.

    2. The Council will not be liable to you or any third party for any loss, damage, or claim direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of the myTasman portal.

    3. The Council will not be liable for any interruptions in service. 

    4. By accessing the portal, you agree to the extent permitted by law, to discharge, indemnify, and hold harmless the Council, its officers, employees, agents, third party contractors, and related bodies from and against all actions, claims, suits, demands, damages, liabilities, costs, or expenses arising out of a breach of these terms of use and from any negligent or unlawful act or omission by you in connection with your use of the portal. 

    5. Your obligation in clause 11.4 survives you ceasing using the portal or being cancelled to use the online services. 

    6. The Council reserves the right to remove your access to myTasman in event of a breach of any of the terms of use or due to operational necessity.

12. Governing Laws 

    1. These terms of use are governed by and construed in accordance with the laws of New Zealand including the laws listed here.

    2. Local Government Act 2002: Establishes the framework for local government operations.

    3. Contract and Commercial Law Act 2017: Covers general contract law principles and commercial transactions.

    4. Public Records Act 2005: Governs the creation, maintenance, and disposal of public records.

    5. Privacy Act 2020: Governs the collection, use, and disclosure of personal information.

    6. Copyright Act 1994: Protects intellectual property rights, including digital content.

    7. Crimes Act 1961: Includes provisions related to cybercrime and unauthorised access to computer systems.

    8. Harmful Digital Communications Act 2015: Addresses harmful digital communications and provides remedies for victims.

    9. Unsolicited Electronic Messages Act 2007: Regulates the sending of commercial electronic messages.

13. Changes to Terms

    1. The Council reserves the right to amend, modify, or vary these terms of use at any time without prior notice. 

    2. Your continued use of the myTasman portal following the modifications will constitute your acknowledgement and acceptance of the amended terms of use.

14. Disputes

    1. Any disputes arising out of or in connection with these terms of use shall be resolved through mediation or arbitration in accordance with New Zealand law.

Contact Information

If you have any questions or concerns about these terms of use, please contact the Council.