NZ ENC README FILE, INCLUDING TERMS OF SUPPLY
Thank you for using NZ ENCs, the official vector Electronic Navigational Chart folio for New Zealand, published by the New Zealand Hydrographic Authority (NZHA), part of Land Information New Zealand.
This readme file contains important information relating to the NZ ENC Service, including the terms under which NZHA makes NZ ENCs available to you. This readme file contains three sections:
1. General information about the NZ ENC Service
2. Specific information about ENCs published by LINZ
3. NZ ENC User Licence.
Please read this readme file carefully. By using the NZ ENC Service, you are indicating your acceptance of the NZ ENC User Licence and agree to be legally bound by it.
SECTION 1. GENERAL INFORMATION ABOUT THE NZ ENC SERVICE
OFFICIAL ELECTRONIC CHARTS
NZ ENCs are official vector Electronic Navigational Charts (ENC). They include ENCs covering New Zealand waters and are published by the NZHA as 'NZ' cells.
DATA FORMAT
NZ ENCs are encrypted using the IHO S-63 data protection scheme and is intended for use only in systems that are capable of decrypting such data.
LINZ can not ensure the compatibility of NZ ENCs with any non-International Maritime Organisation (IMO) compliant system.
If your IHO S-63 compatible system has difficulty operating with NZ ENCs, please provide feedback to enable the NZ ENC Service to liaise with your system manufacturer: email: encservice@linz.govt.nz.
BASE CHARTS AND UPDATES
NZ ENCs are supported by a fortnightly file transfer update process. For specific information about New Zealand published ENCs see Section 2. NZ ENCs comprise of ‘Base' data and ‘Update' data and cell permits. Base and Update data are provided by download.
NZ ENC Base data is released periodically (typically six monthly, in January and July). At the time of its release, Base data includes all ENC cells in the NZ ENC series and all current updates up to and including that fortnight.
Update data is released fortnightly (aligned with NZ Notices to Mariners Editions), with one exception: if new Base data is released it will be provided instead of that particular fortnight’s Update data. Update data is issued as a cumulative update.
Cumulative updates include all the fortnightly incremental updates since the latest Base data was released.
Permits enable individual ENCs to be viewable. New permits are automatically issued as part of the NZ ENC update process as new ENCs and new editions are added.
INSTALLATION OF CHARTS, UPDATES AND PERMITS
Update data must be used with the latest Base data. Errors will be experienced if an Update is applied to a previous release of Base data.
It is important to load the latest set of cell permits when loading Update data. Failure to load the cell permits corresponding to an Update will deny access to new cells released in the Update and may result in access being denied to previously accessible cells (where a cell has been cancelled and released in the same geographical area with a new file name).
To install NZ ENC data and permits, please follow the data install/data update procedure of your navigation system. Should you encounter a problem, please consult your system’s Help Menu and/or Operating Manual in the first instance. For further assistance contact your navigation system manufacturer or the retailer where you purchased the navigation system or email encservice@linz.govt.nz
ACCESSING NZ ENC CHARTS, UPDATES AND PERMITS
NZ ENC base data and updates are available as downloads via NZ ENC Service website: encservice.linz.govt.nz
Permits can be accessed after registration and can be downloaded via NZ ENC Service website: encservice.linz.govt.nz
USER CONDITIONS
See the NZ ENC User Licence below.
PRODUCT SUPPORT
For product support please contact the NZ ENC Service office between the hours of 08:00 to 15:30 on Mondays to Fridays:
Phone: 0800 665 463
Email: encservice@linz.govt.nz
Website feedback can be submitted via the ENC Service contact page
CUSTOMER FEEDBACK
To provide feedback on this product, please email Land Information New Zealand at encservice@linz.govt.nz
SECTION 2. SPECIFIC INFORMATION ABOUT NZ ENCs
PUBLISHER
New Zealand Hydrographic Authority
Land Information New Zealand (LINZ)
155 The Terrace
PO Box 5501
Wellington 6145
New Zealand
Tel (international): +64 4 460 0110
Tel (within NZ): Tel: 0800 665 463
Email: encservice@linz.govt.nz
Website: encservice.linz.govt.nz
QUALITY OF DATA
The M_QUAL object with a CATZOC attribute is included in NZ ENCs as an overlay. This may affect the appearance of the NZ 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
Updates for NZ ENCs are issued in line with the fortnightly electronic New Zealand Notices to Mariners booklet. NZ ENC updates are issued in a single dataset for all Permanent, Temporary and Preliminary Notices to Mariners.
SECTION 3. NZ ENC USER LICENCE
This section 3 of the readme file sets out the ‘NZ ENC User Licence’ (Licence). If you use NZ ENC, you agree to be bound by the Licence. You agree to be bound by the Licence whether you have received NZ ENC through the NZ ENC Service operated by LINZ or from a third-party provider. The Licence is a legal agreement between you and the New Zealand government that describes your rights to use NZ ENC.
You should read the entire Licence because all of the terms are important and create a contract that applies to you.
1 Defined Terms
Some capitalised terms in this Licence have a special meaning. In this licence:
“Licence” means this NZ ENC User Licence.
“LINZ” is a department of the New Zealand government and, in this licence, means Her Majesty the Queen in right of New Zealand, acting by and through the Chief Executive of Land Information New Zealand or the Chief Executive’s staff or authorised agents.
“NZ ENC” means the New Zealand official ENC published by LINZ in IHO S-63 data protection scheme format (including any Update published by LINZ).
“Update” means any modified, corrected or updated version of NZENC provided by LINZ.
“You” means any person who has registered with LINZ to use NZENC and “Your” has a corresponding meaning.
“Your People” means your employees, contractors or agents or any other person who accesses NZENC through You, whether authorised or not.
2 Grant of Licence
2.1 LINZ gives you permission to use and display NZ ENC on a navigation system as long as that use is consistent with terms in this Licence.
2.2 In general, you must not provide copies of NZ ENC to anyone else or share it outside of your organisation. However, you may make copies of NZ ENC to install and use NZ ENC on a navigation system. If your navigation system can make physical copies, you may also make physical copies of NZ ENC.
2.3 You must not make an ‘adaptation’ of NZ ENC. This includes not tampering with, decrypting, decompiling, disassembling, reverse-engineering or otherwise altering NZ ENC files.
2.4 You are not the only user of NZ ENC. In other words, LINZ may allow other people to use NZ ENC and LINZ retains all intellectual property rights in NZ ENC. NZ ENC is subject to copyright.
2.5 You agree to do everything in your power to prevent you or your staff from sharing NZ ENC outside your organisation.
2.6 Sometimes LINZ will provide You with guidelines or directions on how to use NZ ENC. You must comply with those guidelines or directions.
3 No Transfer of Licence
3.1 Your licence is an agreement between You and LINZ, and may not be transferred. If NZ ENC is installed on a navigation system and you sell, charter or otherwise part with possession of the navigation system or the ship it is installed in, you must cancel your subscription for NZ ENC within 20 days of the sale, and you must advise the new owner to register for the NZ ENC Service operated by LINZ or a third-party provider’s service in their own right.
4 Your Obligations
4.1 You are fully responsible for making sure that You and Your People comply with this Licence.
4.2 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 NZ ENC;
(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).
4.3 Your use of NZ ENCs does not relieve you of any obligations under New Zealand law (including rule 25 of the Maritime Rules issued under the Maritime Transport Act 1994) and international convention.
5. Updates
5.1 LINZ will make regular Updates to the NZ ENCs available. It is your responsibility to check for updates regularly (no less than fortnightly) whether or not you have received any courtesy notice from LINZ or a third-party provider, and to apply those Updates before navigating using NZ ENC.
5.2 If you have subscribed the NZ ENC Service operated by LINZ, LINZ will endeavour to provide You with a courtesy notice (sent to the email that is registered for your NZ ENC account) that Updates are available. However, LINZ is not responsible for you receiving a notice and it remains your responsibility to check for updates to NZ ENC regularly.
5.2 LINZ may change the data format for NZ ENCs, including the way that NZ ENCs are encrypted.
5.3 You agree that access to and use of any Update provided to You will also be subject to this Licence.
6 Limitation of liability
6.1 The Consumer Guarantees Act 1993 applies to this licence.
6.2 Except as provided for in clause 6.1, LINZ makes no express or implied warranty or representation about NZ ENCs and takes no responsibility for the compatibility of NZ ENCs with any software.
6.3 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 NZ ENCs.
7 Termination and variation
7.1 LINZ may terminate this Licence in writing with 20 days notice.
7.2 You may immediately terminate this Licence at any time by providing LINZ written notice or by permanently ceasing to use NZ ENC.
7.3 If this Licence is terminated, You agree to do the following things:
(a) stop using NZ ENCs;
(b) to either return all of your copies of NZ ENCs to LINZ or to destroy all of those copies (including any partial copies);
(c) if requested by LINZ, to provide LINZ with a ‘statutory declaration’ that meets the requirements of New Zealand’s Oaths and Declarations Act 1957 and which confirms that you have destroyed or returned to LINZ all of your copies of NZ ENC.
7.4 LINZ may update the terms of this Licence from time to time, and you agree to be bound by those terms. You can find the current Licence terms on the LINZ website.
8 Governing Law
8.1 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.
9 Dispute Resolution
9.1 If a dispute arises between the parties in relation to this Licence, the dispute must be dealt with in accordance with this clause.
9.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
9.3 If the dispute is not resolved by agreement within twenty working days of the Second Party receiving the notice referred to in clause 9.2 above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further ten working days or failing agreement within that period, as appointed by the President of the New Zealand Law Society or her delegate. The costs of the mediator must be borne equally between the disputing parties. The chosen mediator must determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
9.4 If the parties have not mediated a resolution of the dispute within 10 working days of the selection of a mediator, neither party must be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.