DisclaimerWhakakape

2. These disclaimers and exclusions shall be governed by, and construed in accordance with, the laws of New Zealand. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

3. Real-time data available on the Hawke’s Bay Regional Council web site are provisional, and have not been reviewed. These data may be reviewed and altered at any time, without notice.

4. Data are collected and provided according to current best practices, which may change over time. Data that is currently collected may not be collected in the future.

5. Hawke’s Bay Regional Council provides this information in good faith. However, the Council does not warrant the accuracy or completeness of the data or warrant that the data is appropriate or suitable for the use to which it may be put by third parties. Any person using the data does so at their own risk.

6. To the fullest extent permitted by applicable law, neither Hawke’s Bay Regional Council nor any of its members, officers, associates, consultants, employees, affiliates, servants, agents or other representatives shall be liable for loss or damage arising out of, or in connection with, the use of, or the inability to use, the information contained in data and/or electronic files including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit, or opportunity, loss of, or damage to, property and claims of third parties, even if Hawke’s Bay Regional Council has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.

7. The Council accepts no responsibility for any loss, damage, or injury resulting from reliance upon or use of the data, and accepts no liability for actions taken by others based on this data.

8. Any party accessing information from the Council on this website acknowledges that the information is official information for the purpose of the Local Government Official Information and Meetings Act 1987 (as amended or replaced) and that the Council is not in trade when providing data.

In the event that a court or tribunal does hold that the Council is in trade when supplying data and the party requesting the information is also in trade, then the Council and the other party agree that the Council will not be subject to any of the mandatory guarantees the Council would otherwise be subject to in the Consumer Guarantees Act 1993 (as amended or replaced) or section 9, 12a or 13 of the Fair Trading Act 1986 (as amended or replaced)

Please also refer to the Electronic Transaction Act 2002