Driver Check terms and conditions

Updated: 24 November 2024

If you're a Driver Check user or applying to become a user, please make sure you carefully read the full terms and conditions.

1. General

• These terms and conditions form the agreement between the user (you) and the provider of these services (NZ Transport Agency Waka Kotahi).
• This agreement is governed by New Zealand law.
• By signing this agreement, you acknowledge and agree to these terms and conditions.
• In this agreement we use these common terms:

• This agreement starts on the date you sign it, and ends when we remove your access to Driver Check under clause 5.

2. Amendments and notices

• We may amend (change or update) this agreement in whole or in part from time to time.
• We'll use the email address you provide in your Driver Check application to:
  • let you know about any amendments, with at least 30 days' notice
  • send you any relevant notices (for example, change of licence status).
• It’s your responsibility to let us know if your email address changes (so we can send updates to the right place).
  Email us at: drivercheck@nzta.govt.nz

3. Terms of use

Using Driver Check

• If we approve your application, we’ll give you access to Driver Check.
• We can refuse your application if:
  • it’s incomplete in any way
  • you give us false or misleading information
  • you’ve previously misused Driver Check.
• You may only use Driver Check to:
  • create and update a register (operator list) of driver licence holders currently employed or engaged by you
  • check that only appropriately-licensed drivers are driving your vehicles.

We call these actions the permitted uses.

Account access

• You must agree that you’ll only authorise appropriate and trusted people to access Driver Check on your behalf.
• You must only access Driver Check to perform the permitted uses or to follow the law. You must not use Driver Check for an unlawful reason.
• You must only access and use a driver licence holder’s information if that licence holder has given consent.
• You must make sure people who access Driver Check:
  • have first read and agreed to these terms and conditions
  • keep personal information confidential and only use it for reasons described in this agreement
  • don’t share personal information with anyone who isn’t authorised
  • stop using Driver Check when their employment ends or you tell them they’re no longer approved
  • meet all other applicable requirements in this agreement.

You’ll be responsible if they breach any terms in this agreement.

Notifications from NZTA

• We’ll let you know as soon as possible when any of your linked licence holders:
  • have a licence or endorsement that expires
  • have a licence that is revoked or suspended
  • are disqualified from driving
  • have any other change to their licence status.
• We’ll let you know by sending you an email or creating an online notification for you on the Driver Check website.

Consent and privacy

• You agree that, before you access a licence holder’s licence status, you will have that licence holder’s signed consent. You must get that consent by using the consent form:
  Consent to access my information in Driver Check [PDF, 50 KB]
• You may use a different way of recording the licence holder’s consent if you ask NZTA first and we agree in writing to the way you wish to get their consent. If we need you to change the way you record consent we’ll give you 30 days’ notice.
• You must keep the original signed consent form, or other approved record of consent, and provide it to us if we request it. We may request it if we perform an audit on your organisation to make sure you’re meeting the terms of this agreement.
• You must provide a copy of the signed consent form, or other approved record of consent, to the licence holder if they request it.
• You must keep all driver licence holders’ signed consent forms, or other approved records of consent, on file for 6 months after a driver licence holder’s employment or engagement with you ends. This helps you meet auditing requirements.
• The licence holder’s consent will last until the date on the consent form or as soon as your relationship with the licence holder ends (whichever is sooner).
• You must only access and use the licence holder’s information for a reason described in this agreement or to follow the law.
• You must meet the requirements in the Privacy Act 2020 and other relevant laws when you collect, disclose and use personal information. In particular, you must follow the information privacy principles set out in section 22 of the Privacy Act 2020. For more information on your privacy requirements, go to:
  www.privacy.org.nz(external link)

Accuracy and security of information

• You’re responsible for the accuracy and completeness of all information submitted by you, and for making sure that information is kept up-to-date when using Driver Check.
• You must provide, for each licence holder enquiry you make, either:
  • the licence holder's licence number, version number and last name (family name), or
  • the licence holder's full name and date of birth.
• You must not perform searches or receive status notifications on anyone after the date they’ve consented to, or after their employment ends with you (whichever occurs first).
• You’re responsible for keeping your linked licence holders (operator list) up-to-date by removing people who are no longer employed by your organisation.
• You must remove a person from your Driver Check account if:
  • they’re no longer employed by your organisation
  • they're no longer in a contractual relationship with your organisation
  • they withdraw their consent
  • the consent has expired.
• If you can’t find the information you’re looking for when you search in Driver Check, you can ask NZTA to do a manual search for you. You’ll need to provide the licence holder’s:
  • full name
  • date of birth
  • licence number
  • licence version (if known)
  • signed consent.

Please note we can’t do manual searches on a cancelled driver licence version number.

• You must take all reasonable security measures, including your own computer anti-virus measures, to stop any unauthorised use of, and access to, Driver Check services. If you don’t keep your access to Driver Check secure, you may be liable for any related loss we suffer as a result of a security breach. We reserve the right to determine what amounts to a security breach.
• You must let us know immediately if you become aware of, or suspect, any unauthorised use of, and access to, the Driver Check services or your Driver Check operator list.
• We recommend you sight each licence holder’s photo driver licence card. Check the photo and all details (including the full name and date of birth) on the licence card. Compare those details to the details given by the licence holder with their consent form.

4. Warnings and disclaimer

General warnings

• We can immediately end Driver Check services for anyone who fails to meet the terms of this agreement, or misuses the service in any way.
• We may audit you or your organisation to check if you’re meeting the terms of this agreement. This audit may include asking driver licence holders associated with you about how you use Driver Check.
• You must co-operate and give us reasonable access to complete our audit and follow any reasonable recommendations we make.
• We can refuse your access to Driver Check, and refuse your application if it’s in any way incomplete.
• There may be interruptions to the Driver Check service from time to time (for example, interruptions from an internet service provider or information technology (IT) provider). These interruptions are beyond our control, and are part of having a service provided online.
• We aim to provide a secure and reliable Driver Check service online. If IT systems change significantly and make the Driver Check service no longer functional, we’ll aim to provide a replacement Driver Check service online within 2 months.
• You must tell us immediately if any of your information changes, including your name, address, email address and other contact details.

Liability

• Information within Driver Check is gathered through or from parties other than NZTA. We don’t accept any responsibility or liability for the accuracy or content of the information on Driver Check.
• We won’t, under any circumstance, compensate you for any loss, injury or damage caused directly or indirectly by:
  • us supplying Driver Check to you
  • the way you operate Driver Check
  • the way you fail to operate Driver Check.
• If you, or people you let use Driver Check, don’t meet the terms of this agreement, you’ll be responsible for any loss we suffer from that breach.

5. Access, assignment and termination

• You may not assign (give) your rights or responsibilities under this agreement to any other person.
• We may assign our rights and responsibilities under this agreement to another party, but will give you at least 30 days’ notice in writing.
• Either party may end this agreement by giving at least 30 days’ notice in writing by email to:
  • driver.check@nzta.govt.nz (if you’re ending the agreement), or
  • your email address (if we’re ending the agreement).
• We may end this agreement by notice to your email address immediately if you breach this agreement.
• We may determine what amounts to:
  • a breach of this agreement
  • failure to meet the terms of this agreement
  • an abuse of the service.
• Ending this agreement won’t release either party from liability for previous breaches for the period up to the end of this agreement.

6. Your privacy

• NZTA will collect the personal information (as defined in the Privacy Act 2020) you provide in your Driver Check application forms to:
  • run and maintain the Driver Check services
  • contact you about your use or your organisation’s use of Driver Check
  • check that you’re meeting the Driver Check terms and conditions
  • meet our legal requirements.
• We won’t disclose your personal information to third parties except as required or allowed by you or the law.
• We’ll use reasonable safeguards to protect your personal information from unauthorised access, modification or disclosure, and from misuse, interference or loss. Unless we need to keep your information to follow the law, we’ll only hold your personal information for as long as we reasonably need it, based on the reasons we collected it.
• The Privacy Act 2020 allows you to:
  • ask what personal information we hold about you
  • get a copy of that information
  • request corrections to that information.
• Email privacy@nzta.govt.nz if you'd like to do any of these things.
• Read our general privacy statement to check how we collect, store and use your personal information.
• If you have any concerns about how we’re using your personal information, contact the Privacy Commissioner. See their information about making a complaint at:
  Making a complaint (Privacy Commisioner)(external link)