By making an application for Motochek, you agree that you have read and are bound by these terms and conditions of use of Motochek.
It is important for you to carefully read and regularly re-read these Terms and Conditions of use together with any relevant product brochure provided to you in relation to the provision of Motochek services.
These Terms and Conditions replace any previous Motochek Terms and Conditions.
While we will endeavour to provide a secure system within which you can conveniently carry out your inquiry transactions via the Internet, it is important that you know your rights and obligations as you also need to take responsibility for your own IT security precautions to prevent unauthorised access to and use of Motochek services.
These Terms and Conditions apply to you as a User and Waka Kotahi NZ Transport Agency (Waka Kotahi) (“we” “us” “our”), a Crown Entity established under the Land Transport Management Act 2003.
In consideration and as a condition of you receiving access to Motochek you are hereby granted a non-exclusive, non assignable authorisation by Waka Kotahi to use Motochek on the terms and conditions set out below.
These Terms and Conditions will be binding upon you at the date you sign your application. We may amend these Terms and Conditions in whole or in part from time to time, and amendments will be effective immediately when we post amended Terms and Conditions on our website.
You are responsible for ensuring you are familiar with the latest Terms and Conditions, and by continuing to use Motochek, you agree you are bound by the Terms and Conditions as amended (whether or not you have received any amendments). However, we’ll attempt to notify you of any changes by updating this page.
When using Motochek you must;
a) comply with all applicable laws;
b) not misuse Motochek for any unlawful, misleading, dishonest, malicious, or commercial purpose and ensure you have appropriate system processes in place to prevent against such uses;
c) not do anything that may affect or compromise the security or operation of Motochek or any network or system underlying or connected to Motochek (including introducing any malware) and ensure you have systems in place that prevent against such uses;
d) not allow any third party contracted by you to use any information supplied by Motochek in any capacity other than for the work specifically undertaken for your organisation;
e) otherwise comply with any reasonable direction given by us from time to time, in relation to your use of Motochek.
You are responsible for all costs incurred in accessing Motochek including internet access charges via your nominated Internet Service Provider (ISP).
We comply with New Zealand’s privacy laws and will treat all personal information that we hold about you in accordance with the Privacy Act 2020.
We may collect personal information about your organisation or you, directly from you. You undertake that where you are collecting personal information from and about someone other than yourself, prior to using Motochek, that the person is aware that the information is being passed on to Waka Kotahi. The only personal information we will collect will be your name, the names of your Permitted Users, your bank account details and your email address and the email addresses of your Permitted Users. We will not use or distribute any personal information.
You are responsible for the accuracy and completeness of all information submitted by you, and for ensuring that information is kept current and up to date, when using Motochek.
You may view the information which you have provided to us, from Motochek at any time by accessing Motochek. If you consider any of this information is not accurate you may request correction by contacting Motochek.
The information provided to us is for the following purposes:
a) To register you as a Permitted User within Motochek
b) To allow access by you to Motochek.
We will take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure.
You have the right under the Privacy Act 2020 to access the personal information that we hold about you, and to ask us to correct it if necessary. You can do this by contacting regulatorycontractsadmin@nzta.govt.nz
9.1 You will pay to Waka Kotahi the Motochek fees as required under Part 6 of Schedule 5 of Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011, set out in the following link.
9.2 Waka Kotahi reserves the right to review the fees if and when they are changed by legislation and will endeavour to give you one month’s notice of any intention to vary the fees.
You must at all times keep access to Motochek secure.
10.1 If you do not you may be liable for any consequential loss suffered by Waka Kotahi as a result of a security breach. Waka Kotahi will have the final right to determine what is a security breach.
10.2 If you become aware of a breach of privacy or security, you must notify Waka Kotahi as soon as practicable (but no later than two working days after the date the incident was identified) and take all practicable steps to mitigate the effects of any such breach.
You will provide all reasonable co-operation to assist Waka Kotahi in securing or recovering any data or personal information. You will co-operate with any Waka Kotahi investigation of the breach, including investigation and reporting to Waka Kotahi on the background and causes of the breach, the information and /or individuals that may be affected and the identities of any personnel implicated or suspected in the breach.
10.3 Waka Kotahi may audit your use of Motochek on reasonable written notice to ensure compliance with these Terms and Conditions. You will co-operate with any audit and give assistance to Waka Kotahi to ensure reasonable access is provided to Waka Kotahi to conduct an audit. You must comply with any reasonable direction from Waka Kotahi in regard to recommendations as a result of a Waka Kotahi audit.
Waka Kotahi may without your consent assign this agreement to any other agency appointed to be Registrar of Motor Vehicles. You must not assign this agreement to any other party.
Waka Kotahi may terminate or suspend (at the sole discretion of Waka Kotahi) your use of Motochek:
12.1 without notice if you breach these Terms and Conditions, and we deem (at our sole discretion) the breach to be serious;
12.2 on one month’s written notice to you; or
12.3 on less than one month’s notice in writing if you are in breach of these Terms and Conditions, and you have not remedied the breach to the reasonable satisfaction of Waka Kotahi within 3 business days (or sooner in the case of a security breach) of a written notice from Waka Kotahi specifying the breach and requiring its remedy.
12.4 You may terminate your use of Motochek by written notice to Waka Kotahi.
12.5 Termination will result in immediate termination of access to Motochek.
These Terms and Conditions are made pursuant to and are governed by New Zealand law.
14.1 Waka Kotahi has collected the information contained in the Motor Vehicle Register (the Register) in accordance with statute and has taken all reasonable care in so doing. However, users should be aware that the information contained in the Register is obtained from or through parties other than Waka Kotahi and that Waka Kotahi does not and is unable to warrant the accuracy of that information.
15.1 To the extent permitted by law, Waka Kotahi excludes all warranties relating to Motochek. Waka Kotahi also excludes liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs or expenses suffered by you in connection with any use or operation of Motochek.
16.1 Waka Kotahi reserves the right to refuse credit where it is satisfied that you may not be able to meet the cost of the fees involved.
16.2 You must complete the required Direct Debit notification and return with your Motochek Application form.
Waka Kotahi may terminate this agreement immediately if it ceases to be the Registrar of Motor Vehicles under the Land Transport Act 1998.
If you fail to observe all or any part of these Terms and Conditions then you shall be liable for any loss suffered by Waka Kotahi.
I acknowledge that Waka Kotahi may make enquiries of me or any of my employees, agents or contractors with respect to our obligations to Waka Kotahi.
These Terms and Conditions shall be deemed to have been made and be binding upon you at the date you sign your application.
21.1 All information is supplied through Motochek in accordance with Section 236 and 237 of the Land Transport Act 1998.
21.2 Information received on Motochek is not provided for use in a court of law as evidence in proceedings.
21.3 Waka Kotahi reserves the right to withdraw Motochek services from any User who fails to comply with the Motochek Terms and Conditions or abuses the service in any way.
21.4 Users are responsible for all Internet access charges via your nominated Internet Service Provider (ISP).
21.5 Users will pay all charges by Direct Debit. The Direct Debit Notification must be completed, returned with your Motochek Application form and agreed to by the User’s bank.
21.6 Waka Kotahi will provide a Tax Invoice/Direct Debit Notification detailing charges due and the date the amount will be direct debited from the customer’s account. Invoicing will occur monthly.
21.7 The security of the User’s software is not the responsibility of Waka Kotahi. Users agree to pay all charges made through your account, including any individual vehicle inquiry repeated in subsequent sessions that will be charged for.
21.8 Access to Motochek under this agreement entitles the User to receive vehicle details only.
