This National Liquefaction Model, which includes the Portal, all associated source code, input data, intermediate data, interpreted data, and output files, (the Model) contains information about liquefaction in New Zealand. The Model is provided by Toka Tū Ake Natural Hazards Commission (Natural Hazards Commission) to the user (You, Your), as a public service and on the terms set out in these terms of use (the Terms of Use).

You must take the time to read the Terms of Use and the information provided. By continuing to use the Model, You confirm that You agree to these Terms of Use and You agree not to use the Model except as set out in these Terms of Use. The Natural Hazards Commission reserves the right to change these Terms of Use at any time without prior notice to You. Any changes will be posted on the Model and become effective at the time of posting. Your continued use of the Model after the effective date of such changes will constitute acceptance of and agreement to any such changes. The Natural Hazards Commission reserves the right to modify, suspend or discontinue all or part of the Model at any time to You, or to You and/or others, with or without notice.

Model Information

The information provided on the Model is intended to provide general information to the public and is made available to You under the Natural Hazards Insurance Act 2023.

The information contained on the Model will regularly change and the Natural Hazards Commission cannot guarantee that the information You are seeking will always be available.

If You feel information is presented incorrectly on the Model, You should contact us through the NLM web portal and the Natural Hazards Commission will review Your request.

Accuracy of Model Information

Information is presented on the Model to provide education on the general location and prevalence of liquefaction.

Some of the information on the Model is from, or based on information provided by, third party sources and may contain errors unknown to the Natural Hazards Commission. The Natural Hazards Commission accepts no responsibility for any inaccuracies in this information.

The Natural Hazards Commission, its officers, its employees and its suppliers provide no warranty (express or implied), representation or guarantee as to the information provided including its accuracy, reliability, completeness or suitability.

The liquefaction information presented on the Model is only part of the total liquefaction information applicable for a property. The Model is not intended for site specific use, or legal use, or engineering use, or insurance use. You should perform Your own due diligence on any property You are reviewing. None of the information on the Model is intended to be a substitute for independent professional services or advice and You are recommended to seek advice from suitably qualified professionals if relevant to Your particular circumstances.

You could also contact the property owner, apply for a land information memorandum from the relevant local authority, or make a request under the Official Information Act 1982 to the Natural Hazards Commission for any further information on relevant properties.

Your use of the Model

Under these Terms of Use, You are granted a non-exclusive, non-transferable, non-sublicensable limited licence to access and use the Model or information made available by the Model (Model Data) in connection with the purpose of searching the Model and obtaining information about liquefaction (the Purpose).

You acknowledge and agree to use the Model and the Model Data solely for the Purpose, and in accordance with all laws. Except as expressly permitted under these Terms of Use or to the extent permitted by law, You must not, or encourage any person or entity to:

• decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the Model, Model Data, or third party services, including any source code, object code, algorithms, methods, techniques or data used or embodied therein;
• use any robot, spider, screen scraper, data aggregation tool or any other process or processes that send automated queries to data mine, scrape, crawl, email harvest, aggregate, copy or extract any processes, information, content, data or information from the Model;
• resell, market, publish, rent, lease, assign, or sublicense any part of the Model in any form to any third party;
• remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in the Model or the Model Data;
• use, or offer to use, the Model or any of the Model Data for or in connection with:
  • any direct marketing activities;
  • the intention of encroaching upon the privacy of an individual or otherwise breaching the Privacy Act 2020; or
  • acts that would infringe upon any person’s rights including, without limitation, intellectual property rights and moral rights
  whether for personal or commercial gain or otherwise.

You acknowledge and agree that:

• You acquire no rights in or to the Model Data accessed pursuant to these Terms of Use except for the limited licence granted to You by the Natural Hazards Commission;
• You will not, and will not permit any other person or entity to, infringe upon, harm or contest the validity of ownership by the Natural Hazards Commission (or any of its third party providers) of the Model Data, or the creations, inventions and intellectual property rights contained or embodied within the Model; and
• The Model is subject to New Zealand law.

The Model reproduces materials and content owned or licensed by various third party sources, as part of the information available to You through your use of the Model. In addition to these Terms of Use, Your use of the Model is also conditional upon any further information required to be shared with You and any further terms imposed by the third party sources, which can be found here.

Liability

To the maximum extent permitted by law, the Natural Hazards Commission and suppliers will not be held liable to You or to any third party:

• for any inaccuracy, error, or omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information contained on the Model (including third parties’ external links); or
• for any damages, losses (including, without limitation, loss of profits, business or data), costs or expenses of any kind, whether direct or indirect, which arise out of, or result from, the information contained in the Model or reliance upon it; or
• should the Natural Hazards Commission exercise its right to modify, suspend or discontinue all or part of the Model.

The Model and Model Data are provided on an “as is” and “as available” basis and accordingly the use of the Model or Model Data shall be the sole responsibility, and at the sole risk, of You.

Where You are acting “in trade” for the purposes of the Fair Trading Act 1986, You acknowledge and agree that:

• The Natural Hazards Commission and You hereby contract out of sections 9, 12A, 13 and 14 of the Fair Trading Act 1986 and those sections will not apply under these Terms of Use; and
• it is fair and reasonable for both the Natural Hazards Commission and You to be bound by this “contracting out” provision.

Linked websites

This website may contain links to and from other websites, organisations or people outside the Natural Hazards Commission (Third Party Links). Third Party Links are provided as a convenience only, and the inclusion of a Third Party Link does not imply endorsement by the Natural Hazards Commission or its suppliers.

The Natural Hazards Commission and its suppliers:

• are not responsible for the content of other websites linked to or referenced from this website;
• do not guarantee the information, content, presentation or accuracy of other such websites, nor make any warranty, express or implied, with regard to that information; and
• do not guarantee that Third Party Links to other websites will work.

Use of data by others

Without limiting any other limitation of the Natural Hazards Commission’s liability under these Terms of Use, to the maximum extent permitted by law the Natural Hazards Commission and its suppliers will not be held responsible for the use of information once it has been downloaded from the Model and used by You or any other parties, including whether that information is accurate, up to date, or being used in an appropriate way.

Intellectual Property

Except as otherwise stated, all copyright in all material and services available on the Model is owned by or licensed to Toka Tū Ake Natural Hazards Commission.

As a Crown entity, the Natural Hazards Commission – Toka Tū Ake (NHC) is subject to the Privacy Act 2020. This Privacy Statement outlines the type and extent of personal information we may collect when you interact with the National Liquefaction Model Portal, and how that information may be used, stored, retained, and shared.

What personal information do we collect?

We collect personal information from you, including:

• Your username
• Your contact information (email address)
• Organisation name (if applicable)
• Login timestamps; and
• Authentication cookies (see below).

Why do we collect this information?

We collect and use your personal information to:

• Notify you of updates to the National Liquefaction Model
• Inform you of significant changes to the Portal
• Understand the value and usage of the Portal for different end users
• Ensure secure access and functionality of the Portal; and

Your information will only be used for these purposes and/or in accordance with the Privacy Act 2020.

Do we use Cookies?

Yes. The Portal uses authentication cookies, which are considered strictly necessary. These cookies:

• Enable secure login and session management
• Verify your identity while logged in; and
• Cannot be disabled without affecting Portal functionality

We do not use cookies for tracking, analytics, or advertising purposes.

How do we store and protect your information?

We take all reasonable steps to protect your personal information from misuse, unauthorised access, or disclosure. Access is restricted to staff and authorised third parties who require it for the purposes outlined in this statement. We ensure that personal information is:

• Accurate, up-to-date, complete, relevant, and not misleading; and
• Retained only for as long as necessary for the stated purposes.

Do we share your information with third parties?

Yes, but only where necessary and in accordance with the Privacy Act 2020. Your personal information may be shared with Tonkin + Taylor (T+T) for the limited purpose of supporting the National Liquefaction Model project. This includes:

• Use of anonymised residential portfolio data for model testing; and
• Generation of figures for project reporting.

T+T’s use of this data is governed by approved agreements and privacy protocols. No personally identifiable information is shared, and data cannot be reverse engineered.

We may also share your information with other third parties where:

• You have authorised the disclosure
• It is required for the purpose for which the information was provided; and
• It is required by law or to prevent serious harm.

All third parties are required to maintain the confidentiality and security of your information.

Can I access or correct my information?

Yes. You have the right to request:

• Access to any personal information we hold about you; and
• Correction of any inaccurate or incomplete information.

Please contact us through the NLM web portal. We will respond promptly and take all reasonable steps to ensure your information is accurate and complete. Please note that no property level information is used in the National Liquefaction Model.