NZ (NEW ZEALAND) ENCs

Published by the New Zealand Hydrographic Authority
Toitu Te Whenua Land Information New Zealand (LINZ)
155 The Terrace
PO Box 5501
Wellington 6145
New Zealand

New Zealand callers: 0800 665 463
International callers: +64 7 974 5595
Fax: +64 4 472 2244
Email: hydro@linz.govt.nz
Alternative email: customersupport@linz.govt.nz
Website: www.linz.govt.nz

DATA APPEARANCE
QUALITY OF DATA. The M_QUAL object with a CATZOC attribute is included in New Zealand ENCs as an overlay. This may affect the appearance of the New Zealand ENCs as the ZOC polygons may overlap the LNDARE.
MINIMUM SCALE. The SCAMIN step values for object and attribute combinations have been applied to New Zealand ENCs following international standards.

UPDATES
New Zealand ENC updates are issued on a weekly basis for New Editions, and for all Permanent, Temporary and Preliminary Notices to Mariners.

IMPORTANT NOTICE
The information contained in this publication has been either produced by, or supplied to, LINZ and was current as at the date of compilation. Significant hydrographic information is updated by a fortnightly Notices to Mariners service to which all mariners are encouraged to subscribe. All reasonable efforts have been made to ensure accuracy and completeness of the contents of New Zealand ENCs. LINZ regards third parties from which it receives information as reliable, however LINZ cannot verify all such information and errors may therefore exist.

DISCLAIMER
LINZ accepts no liability for any direct, indirect, consequential or incidental damages that result from any errors in the New Zealand ENCs whether due to LINZ or a third party, or that arise from the use, or misuse, of the information contained in New Zealand ENCs.

COPYRIGHT
New Zealand ENCs are owned by LINZ and protected under the NZ Copyright Act 1994 and international convention. All rights reserved. Apart from the uses permitted to the licensee under the user licence agreement, the information may not be copied, reproduced, translated or reduced to any electronic medium or machine readable form, in whole or part, without the prior written consent of LINZ.





#############################################################################






NZenc
User Licence
This licence constitutes an agreement between You and Her Majesty the Queen in right of New Zealand, acting by and through the Chief Executive of Toitu Te Whenua Land Information New Zealand  (LINZ) 

1	Supply of NZenc

1.1	The Licence is the whole agreement between LINZ and You with respect to NZenc.

1.2	NZenc is supplied by  LINZ to You subject to the terms and conditions of this Licence.

2	Definitions

2.1	In this Licence:

“Licence” means this licence.

“NZenc” means the New Zealand official ENC made by or under the control of LINZ and in S-63 encrypted/S-57 unencrypted format.  It includes any Updates provided by LINZ.

“Update” means any modified, corrected or updated version of NZenc provided by LINZ.

“You” means the person, Department, agency, statutory authority or other entity who will use NZenc, and any NZenc Update file.

“Your People” means each and every of your employees, contractors or agents or any other person who is able through You, whether authorised or not to use NZenc, and any NZenc Update file.

3	Grant of Licence

3.1	LINZ grants You a non-exclusive licence to use and display NZenc. The Licence gives You certain limited rights to use NZenc.  You do not become the owner of, and LINZ retains title to, NZenc. All rights not specifically granted in this Licence are reserved by LINZ.

3.2	You agree to use your best endeavours to protect NZenc from unauthorised use, reproduction, distribution or publication.  

4	Transfer of Licence

4.1	You shall not transfer the Licence to a third party unless LINZ is notified of the details of the new User as soon as reasonably practicable. For LINZ contact details see the LINZ website www.linz.govt.nz.

5	Copyright Acknowledgement

5.1	You acknowledge that NZenc is a special, unique and valuable product in which the copyright and other applicable intellectual property rights are owned by LINZ.

5.2	NZenc is protected under the Copyright Act 1994 and international convention. You  shall not copy, reproduce, adapt change or commercially exploit, in whole or part, NZenc or the format in which it is stored altered, without prior written permission of LINZ. 


6	Uses not Permitted

6.1	You shall not copy, transmit, tamper with, decrypt, decompile, disassemble, reverse-engineer, or otherwise alter NZenc; or remove or obscure LINZ’s copyright and trademark notices.

6.2	If the equipment used to display NZenc is capable of producing hard copy, You shall not sell, hire or otherwise transfer to any third party such hard copy, or use the hard copy for navigation.  

6.3	You shall not publish, distribute or otherwise exploit NZenc commercially without the prior written approval of LINZ. For LINZ contact details see the LINZ website www.linz.govt.nz.

7	Your Obligations

7.1	You are solely responsible for ensuring that You and Your People comply with this Licence.  

7.2	You shall indemnify and hold LINZ harmless for any costs (including settlement and legal fees), damages, losses or expenses that LINZ may incur, suffer or become liable for as a result of or in connection with:
(i)	Your breach of this Licence;
(ii)	Your or any of Your People’s intentional misuse of NZenc;
(iii)	Your or any of Your People’s negligent acts, errors or omissions; or
(iv)	any claim, suit, action or proceeding brought by a third party against LINZ as a result of the matters set out in paragraphs (i)-(iii).

8	User Conditions

8.1	You acknowledge that NZenc is the official New Zealand vestor chart folio. For compliance with Maritime New Zealand (MNZ) requirements refer to MNZ Rules Part 25. The use of NZ Mariner does not relieve the user of their obligations under New Zealand law and international convention. 

8.2	LINZ reserves the right to change and amend the data format in which NZenc is stored at any time.

9	Warranty

9.1	The Consumer Guarantees Act 1993 applies to this licence. 

9.2	Except as provided for in clause 9.1, LINZ makes no express or implied warranty or representation about NZenc and takes no responsibility for the compatibility of NZenc with any software.

9.3	Except as provided in this clause, neither LINZ nor the Crown shall be liable for any loss or damage occasioned by You or Your People in respect of the use of NZenc.

10	LINZ Liability

10.1	LINZ shall not be liable for:
(i)	any damages, losses, liabilities or expenses caused by:
* any exercise of any right, remedy or discretion which LINZ is entitled to exercise.
* anything for which You accept responsibility or liability under this Licence.
* loss or corruption of Your data or records or loss or corruption to Your computing resources, software or other information technology infrastructure.
(ii)	any indirect, special, consequential, incidental, or punitive damages, losses, liabilities, costs or expenses of whatever kind and howsoever arising.
(iii)	loss of revenue, loss of business or business opportunities, profits, anticipated savings, reputation or goodwill.

11	Termination

11.1	This Licence will terminate immediately if You or Your People breach any of these Licence conditions. 

11.2	Upon termination of this Licence for any reason, You agree to return to LINZ or destroy all copies including partial copies of NZenc in Your possession.  If You destroy the copies, You shall provide to LINZ a statutory declaration verifying that the copies have been destroyed.

12	Law

12.1	This Licence shall be governed by and interpreted in all respects with the laws of New Zealand and shall be subject to the jurisdiction of the Courts of New Zealand.