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privacy

Background

1

PropertyInsight is a joint venture supported by Quotable Value Limited , Institute of Geological and Nuclear Sciences Limited and Niu Pacific Limited. Quotable Value Limited is a commercial Crown Owned Company, the Institute of Geological and Nuclear Sciences Limited a Crown Research Institute and Niu Pacific a private sector enterprise. The commercial purpose of PropertyInsight is to provide hazard property information and related services local authorities, private enterprises and the public.

2

This Privacy Code of Practice applies to all information held by PropertyInsight. The policy aims to ensure PROPERTYINSIGHT and all recipients of information held by PROPERTYINSIGHT manage information in accordance with applicable New Zealand legislation including the Official Information Act 1982 ('OIA') and the Privacy Act 1993.The policy also aims to ensure that the information held and disclosed by PROPERTYINSIGHT is used in a fair, honest and ethical manner and due regard is had to the privacy of individuals, the subject of the information.

3

All information held by PROPERTYINSIGHT is official information and is subject to the OIA. The information held by PROPERTYINSIGHT falls into 2 broad categories:

  • Publicly available information as defined by the Privacy Act 1993. That is, information sourced from a public register.
  • Other information which is not sourced from and/or contained on a public register.


PROPERTYINSIGHT objectives

PROPERTYINSIGHT's objectives are to:

  • Ensure all New Zealanders have access to and use of publicly available information.
  • Minimise the risk of misuse of the information.
  • Increase the public's confidence in the management of the information.
  • Promote a culture among PROPERTYINSIGHT and recipients of the information it holds to conduct their business fairly, honestly, ethically and in accordance with this policy.


Scope of privacy code

1

PROPERTYINSIGHT requires all of its employees and agents to abide by this privacy code.

2

Where PROPERTYINSIGHT provides information to any person in accordance with a contractual arrangement, it will require the person and its agents, employees and contractors to abide by this privacy code.

3

PROPERTYINSIGHT asks that all recipients of the information (including those who receive information pursuant to an OIA request) also abide by this privacy code.

4

Breaches of the privacy code by PROPERTYINSIGHT employees will be the subject of disciplinary action. Breaches by other persons will be dealt with in accordance with any contractual provision.



Collection of information

1

PROPERTYINSIGHT collects and holds personal information in the course of carrying out its functions. While the information is still official information, the collection, access and release of personal information must be managed as far as possible in accordance with other legislation and in particular the Privacy Act 1993.

2

In accordance with the Privacy Act 1993, PROPERTYINSIGHT will only collect information that is necessary for it to collect for a lawful purpose connected with a function or activity of PROPERTYINSIGHT.

3

PROPERTYINSIGHT collects information from Quotable Value Limited, the Institute of Geological and Nuclear Sciences, territorial authorities and other sources. Some of the data is available to the public on request, subject to the Privacy Act 1993.

4

It is not reasonably practicable for PROPERTYINSIGHT to advise all individuals about whom it holds property information that the information is held by PROPERTYINSIGHT.

5

PROPERTYINSIGHT will collect information only by lawful and fair means and in a manner that does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.



Storage and security of information

1

PROPERTYINSIGHT stores the information and in particular personal information in a secure environment to minimise the risk of loss and unauthorised use. PROPERTYINSIGHT and all other users of the information will take reasonable steps to protect the information from misuse and loss from unauthorised access, modification or disclosure.

2

All recipients of information disclosed by PROPERTYINSIGHT must take reasonable steps to protect any personal information, by reasonable security safeguards, against loss, use, modification or disclosure and other misuse.



Access to, and correction of, personal information

1

Under the Privacy Act 1993, an individual, and under the OIA, a company, has a right to request access to information held by PROPERTYINSIGHT about him/her/it where the information is readily retrievable.

2

The provision of access and/or a decision on whether PROPERTYINSIGHT holds such personal information and whether access is to be given must be advised to the individual within 20 working days of the receipt of the request.

3

Reasons for refusing access must be in accordance with s29 of the Privacy Act 1993. Where requests for personal information about a person other than the requestor are made, any refusal must be in accordance with the withholding grounds under the OIA.

4

An individual can request the correction of the personal information held by PROPERTYINSIGHT. Where the correction is not made the individual can request that PROPERTYINSIGHT attach a statement of the correction sought but not made.

5

PROPERTYINSIGHT does not use or allow to be used unique personal identifiers.



Use and disclosure of information

1

Information held by PROPERTYINSIGHT must only be used or disclosed in accordance with the law and in particular, the Privacy Act 1993 and OIA.

2

Where PROPERTYINSIGHT knowingly discloses information to agencies who wish to use the information for marketing purposes, PROPERTYINSIGHT will, before disclosing that information, check whether there is any personal information about an individual who has entered his/her name on the New Zealand Direct Marketing Association name removal register. All information about any individual whose name is on the register will be withheld by PROPERTYINSIGHT.

3

PROPERTYINSIGHT does not re-sort, merge or combine personal information from 2 or more public registers for the purposes of sale.

4

PROPERTYINSIGHT asks the recipients of its information, and will require where possible under contractual arrangements, that it retain a discretion to stop the use of information disclosed for direct marketing purposes where the recipients' marketing piece is considered by PROPERTYINSIGHT to be offensive in any way.

5

PROPERTYINSIGHT will withhold information where it considers it appropriate to do so and where it is authorised to do so under one of the withholding grounds in the OIA. In particular, in some circumstances information will be withheld to protect commercially sensitive information.

6

Use of information sourced from PROPERTYINSIGHT in an offensive or illegal way is not permitted.



Openness

PROPERTYINSIGHT asks the recipients of its information, and where possible will require by contract, recipients to have clearly expressed policies on the management of personal information.



Complaints

1

Any person who wishes to lay a complaint regarding the use or disclosure of information by PROPERTYINSIGHT may lodge the complaint with PROPERTYINSIGHT addressed as follows:


General Manager

PROPERTYINSIGHT
PO Box 5098
Wellington
NEW ZEALAND

Telephone: +64- 4 495 0318
Facsimile: +64- 4 473 6161
E-mail: info@propertyinsight.co.nz


2

The complainant should set out his or her contact details and a brief outline of the complaint.

3

PROPERTYINSIGHT undertakes to respond to all complaints within 3 working days of receiving the complaint.



Privacy code review

PROPERTYINSIGHT will review this privacy code on an annual basis or more frequently if it is deemed necessary and will amend its policy as appropriate.



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