My Rates terms of use and privacy policy

Effective from 8 October 2019.

1. Introduction

1.1 Electronic Rates Notices: Christchurch City Council (referred to in these Terms of Use as we, us and our) allows allow ratepayers (referred to in these Terms of Use as you or your) to receive rates notices for the rating unit for which they are the ratepayer via email (instead of by post) (Rates Service). You may register for our Rates Service through our website.

1.2 Application of Terms of Use: These Terms of Use set out the basis on which we provide, and on which you may access and use, the Rates Service. You are deemed to have confirmed your acceptance of these Terms of Use by accessing and using the Rates Service. You will not be able to use the Rates Service if you do not accept these Terms of Use.

1.3 Privacy: The way in which we use personal information is explained in, and governed by, the Rates Service Privacy Policy(external link). By using the Rates Service, you accept, without limitation or qualification, the terms outlined in the Rates Service Privacy Policy(external link).

2. Registration

2.1 Registration for Rates Service: In order to use the Rates Service you are required to register and establish a Rates Service Account through our website (Rates Service Account). If your registration for a Rates Service Account is completed successfully, you will receive an email verification link through which you must confirm registration and enter the details of each rating unit for which receipt of electronic rates notices by email is required.

2.2 Rates Service Account Requirements: In order to register and establish a Rates Service Account, you will need:

1. a valid email address and your rates account number, and
2. to ensure that you enter the property valuation reference for each rating unit for which you wish to receive electronic rates notices by email.

2.3 Jointly Owned Rating Units: Where the ratepayer for a rating unit is more than one person, any person establishing a Rates Service Account, or with an existing Rates Services Account, may only record that rating unit against that Rates Service Account with the authorisation of all relevant persons. You are responsible for ensuring that you have such authorisation.

2.4 Duplicate Notices: A rating unit may be linked to more than one Rates Service Account, in which case copies of the electronic rates notices will be sent to the email address of all Rates Service Accounts that have the rating unit recorded.

2.5 Cessation of Paper Notices: Once a rating unit has been linked to one or more Rates Service Accounts, then for so long as that rating unit continues to be linked to at least one Rates Service Account, paper notices will no longer be issued for that rating unit. This will still be the case where the rating unit ceases to be linked to the rating unit owner’s Rates Service Account. For example, if the rating unit continues to be linked to a property manager’s Rates Service Account, electronic rates notices will still be sent even if the rating unit owner removes the rating unit from the rating unit owner’s Rates Service Account.

3. Your information and responsibilities

3.1 Warranties and Authorisation: You warrant:

1. That all information you submit to us in relation to the Rates Service, including information submitted as part of your registration under clause 2, is correct and accurate.
2. You will only register against your Rates Service Account:
   1.  rating units that you own, and where you own the rating unit jointly you will only register the rating unit against your Rates Service Account if you have the authorisation of all owners of the rating unit to do so;
   2. in respect of rating units that you do not own:
      1. rating units for which you are the recorded in the rating information database as the ratepayer; or
      2. rating units for which you have the authorisation of the rating unit owner to register against your Rates Service Account, and in each such case, you will immediately remove such rating units from your Account in the event that you cease to be the ratepayer for the rating unit, or cease to have the rating unit owner’s authorisation, as applicable.
3. If you are creating a Rates Service Account on behalf of a partnership, trust, company, incorporated society or any other entity, you are authorised to do so.

3.2 Your Responsibilities: You agree to:

1. create and hold only one Rates Service Account;
2. ensure that the email address you provide for your Rates Service Account from time to time is current and accessible by you;
3. check the email address associated with your Rates Service Account for your electronic rates notices regularly – failure to check your email account will not relieve you from your obligation to pay;
4. comply with our reasonable instructions relating to the use of, the Rates Service;
5. take reasonable steps to ensure that all information you provide in relation to your Account is complete, correct and accurate;
6. keep any username and password for your Rates Service Account secure and confidential and be responsible for all use of the Rates Service through your Rates Service Account, and
7. notify us of any actual or suspected unauthorised use of your Rates Service Account.

4. Liability and disclaimers

4.1 Liability Exclusions: Subject to clause 4.4, to the fullest extent permitted by law, we will not be liable for any errors and omissions, nor for

1. any direct or indirect, incidental, special or consequential loss or damage;
2. any loss of data, profits, revenue, business or goodwill; or
3. any damage to your device or the data held on your device,

arising out of, or in connection with the use of, the Rates Service.

4.2 Limitation of Liability: If notwithstanding the above, we are found to be liable to you for any damage or loss which arises as a result of your use of the Rates Service, our liability (whether in contract, tort or otherwise) will not exceed $50.00.

4.3 Warranties Excluded: To the fullest extent permitted by law, we disclaim and exclude all representations, warranties and conditions, whether express, implied or statutory, relating to the Rates Service, other than those representations, warranties and conditions identified expressly in these Terms of Use.

4.4 Consumer Guarantees: Notwithstanding any other provision of these Terms of Use, nothing in these Terms of Use limit any rights you may have under the Consumer Guarantees Act 1993 (CGA), provided that if you are in trade (as defined in the CGA) and are using the Rates Service in trade, you agree that the provisions of the CGA do not apply.

5. Suspension and termination

5.1 Suspension of Operation: We may withdraw or suspend the operation of the Rates Service, if we have reasonable grounds for doing so, including for security, legal or business reasons. We will use reasonable endeavours to give you notice of this before we do so.

5.2 Suspension or Termination of Access: We may suspend and/or terminate your right to access and use the Rates Service, with immediate effect at any time, including where you have not complied with these Terms of Use. We will use reasonable endeavours to notify you if we do so, except where we are prohibited from doing so under applicable law.

6. Amendments

We may from time to time amend these Terms of Use (at our absolute discretion) by providing notice of the amendments by email, and/or on our website. You should check these Terms of Use from time to time to check for any amendments. By continuing to use the Rates Service after any such amendment, you are deemed to have agreed to the amended Terms.

7. General

7.1 Assignment: Your rights and obligations under these Terms of Use are personal to you and you may not assign or otherwise transfer any of your rights or obligations under these Terms of Use to any other person without our prior written consent. We may assign or transfer any or all of our rights or obligations under these Terms of Use at our sole discretion.

7.2 Force Majeure: Neither you or us will be liable for any breach of these Terms of Use, if and for so long as this breach is a direct result of circumstances beyond the breaching party’s reasonable control.

7.3 Waiver: No waiver by you or us of your or our (as applicable) rights under these Terms of Use will be effective unless it is in writing.

7.4 Governing Law and Jurisdiction: These Terms of Use are governed by the laws of New Zealand, and any related disputes will be resolved by the New Zealand courts.

7.5 Entire Agreement: These Terms of Use and the documents and information referred to in these Terms of Use record the entire agreement between you and us relating to the Rates Service.

7.6 Severability: If any provision of these Terms of Use is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms of Use. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms of Use, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

7.7 Contacting Us: If you have any questions about these Terms of Use or the Rates Service, please find the details to contact us at https://www.ccc.govt.nz/contact-us or you can call us on 03 941 8999.

Last updated on 8 October 2019.

1. Introduction

1.1 The Christchurch City Council (referred to in this Rates Privacy Policy as we, our or us) has established an online registration system to allow ratepayers (referred to in this Rates Privacy Policy as you or your) to receive rates notices for the rating unit for which they are the ratepayer via email (instead of by post) (Rates Service). You may register for our Rates Service through our website. 

1.2 We take our responsibilities under the Privacy Act 2020 (Privacy Act) seriously. This Rates Privacy Policy describes how we collect, store, use and disclose personal information in connection with the Rates Service. 

1.3 The information in this Rates Privacy Policy only applies to personal and other information we collect, use and/or hold in connection with the Rates Service, and does not apply to any of our websites generally or to our other online services or mobile apps (each of which may have their own privacy policies). Our website has separate terms of use(external link) and privacy policy(external link). 

1.4 We may change this Rates Privacy Policy from time to time. We will give you notice of changes on our website. You should check this Rates Privacy Policy from time to time to check for any amendments. If you continue to use the Rates Service after the amendment, you will be considered to have accepted the amended Rates Privacy Policy.  

1.5 This Rates Privacy Policy explains the following in connection with the Rates Service:

1. a) how we collect personal information;
2. what kind of personal information we collect; 
3. how we use personal information;
4. how we protect and store personal information;
5. our use of cookies and log files; 
6. how you can access/amend your personal information; and
7. who you can contact for further information.

In respect of ratepayers who are not individuals (for example a company or other body corporate), this Rates Privacy Policy will apply to any personal information that we may collect, receive or use in connection with that ratepayer’s registration for, and/or use of, the Rates Service.

2. How we collect personal information

2.1 We collect personal information about you, or from you, in connection with the Rates Service in the following ways:

1. through your registration, access to and use of the Rates Service, including when any updates are made to your Rates Service account;
2. when you contact us (eg through our customer service representatives) with a query or request in relation to the Rates Service; 
3. from any other person you authorise to provide us with personal information, or who you authorise us to contact for personal information; and 
4. from our existing records, databases and/or systems, which may contain information that we hold about, or in connection with, you from time to time. 

3. What kind of personal information we collect

3.1 We collect the personal information:

1. submitted by you, or on your behalf, or which you authorise others to provide to us, in connection with your registration and/or use of the Rates Service;  or 
2. that is provided to us through our customer service representatives, 
   including: 
3. contact details (eg email address); 
4. the unique Property Reference number that appears on the rates notice identifying the rating unit for which you are the ratepayer or an authorised representative of the ratepayer; 
5. online rates notice account information (eg email address, password); 
6. any other personal information you may provide or which may be provided on your behalf (or that you authorise others to provide) to us from time to time in relation to the Rates Service; and 
7. records of your communications with us.

3.2 We automatically log some information which is, or may be, personal information when you use the Rates Service, including:

1. when you last accessed the Rates Service; and
2. information relating to your use of the Rates Service. 

3.3 If we do not receive from you, or on your behalf, the information we request from you from time to time, the services and information you are able to access through the Rates Service may be limited and we may not be able to provide you with all of the services, information or products that you request from us.

4. How we use personal information

4.1 We may use personal information that we collect about you or that you provide to us in the following ways: 

1.  to make the Rates Service available to you; 
2. to process and respond to your enquiries, requests, or other communications from you in relation to our Rates Service;
3. to update any information that we currently hold about, or in connection with, you in our existing records, databases or systems (eg change of address); 
4. for any specific purpose which we notify you of at the time the personal information is collected or for which we have consent; 
5. to assist us with analysing the use of the Rates Service, and further developing and improving the Rates Service; and
6. for our administrative purposes and any other purposes permitted by, or required to comply with, any applicable law.

4.2 We may disclose personal information:

1. to our agents, service providers (including our hosting providers) and any other relevant third parties to the extent necessary to make the Rates Service available to you, or in connection with any of the purposes set out in paragraph 4.1 above;
2. if we are requested to do so in the course of legal proceedings or other investigations; or
3. with authorisation from the individual concerned or where we are otherwise permitted to do so by applicable law, including by way of example only to comply with our obligations under the Local Government Official Information and Meetings Act 1987.

5. How we protect and store personal information

5.1 Personal information may be stored by us or by our service providers on our behalf.  We have entered into appropriate arrangements requiring our hosting provider to keep the hosted information secure and confidential. We have done everything reasonably within our power to prevent unauthorised use or disclosure of that information.  

5.2 We have implemented reasonable measures designed to keep personal information safe and secure, and protected against loss, another misuse, and unauthorised access, use, modification, or disclosure.

6. Use of cookies and log files

6.1 We use cookies and analytics tools in connection with the Rates Service: 

1. for session authentication purposes; and 
2. to collect information about how you use the Rates Service, such as to store information about your preferences. 

6.2 A cookie is a small data file that the website sends to your device, which may be stored for later retrieval by the website. Some cookies we use last only for the duration of your website session and expire when you close your browser. Other cookies are used to remember you when you return to use the Rates Service and will last for longer. 

6.3 If cookies are rejected, the Rates Service may still be used, but the ability to use some of its features or functionality may be limited. 

6.4 In addition to using cookies, we use Google Analytics (a service that provides aggregated reports on website activity) to further understand how the Rates Service can be improved.  Google Analytics relies on the use of cookies. For details on what information is collected via these cookies, and how it is stored and used, see Google's privacy policy.

6.5 We may use non-personalised statistics about the use of the Rates Service to monitor site traffic, to analyse trends, to gather demographic information about our user base as a whole, to improve the Rates Service and to improve user experience. These anonymised and/or amalgamated statistics do not comprise of personal information.

7. Contacting us

7.1 We may be contacted at https://www.ccc.govt.nz/contact-us, or phone us on 03 941 8999:

1. by an individual who wishes to inquire about, seek access to, and/or correction of personal information we hold about that individual; or 
2. if there are concerns that we have breached the Privacy Act.

7.2 If we are requested to correct personal information we hold in connection with the Rates Service and we do not agree to the request, it may be requested that we take reasonable steps to attach to the information a statement of the correction sought but not made.