Iwi and Hapū Terms of Use.

IwiConnect is a software as a service (SaaS) platform that facilitates engagement between parties. It provides secure infrastructure for project notifications, communication, and auditable record keeping.

IwiConnect does not create, verify, endorse, or control the content of any project information, documents, communications, or responses uploaded, shared, or transmitted through the platform by councils, developers, agencies, iwi, or hapū.

Each party is solely responsible for the accuracy, completeness, legality, and appropriateness of the information it uploads or submits through the platform, and for ensuring that such information complies with applicable laws and does not infringe the rights of any third party.

IwiConnect does not provide legal, planning, cultural, technical, or other professional advice. Each party remains responsible for its own decisions, assessments, and actions taken in reliance on information shared through the platform and should obtain independent professional advice where appropriate.

IwiConnect cannot guarantee that an iwi or hapū will respond to any notification, nor can it guarantee the timing, substance, or outcome of any response.

The platform enables engagement to occur. It does not replace statutory processes, iwi decision-making authority, tikanga, or independent professional advice.

Except as expressly set out in these Terms, and to the maximum extent permitted by law, the platform is provided without additional warranties, representations, or guarantees of any kind.

Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded under New Zealand law.

By using the iwi portal, you confirm that you are authorised to act on behalf of your iwi or entity and to bind that iwi or entity to these Terms.

As part of onboarding, the iwi Chair or Chief Executive must confirm in writing the nominated Owner of the platform and any initial authorised users. The nominated Owner is the primary administrator for the iwi portal and is responsible for managing user access, platform use, and engagement responses on behalf of the iwi.

The iwi is solely responsible for the actions, decisions, and responses made through its nominated Owner and authorised users. IwiConnect is not responsible for internal governance arrangements, user permissions, or decisions made by the nominated Owner once appointed.

IwiConnect will provide onboarding, training, and ongoing support to the nominated Owner and authorised users and will maintain administrative oversight of the platform from a system management perspective.

The service is intended for organisational use only and is not provided for consumer or personal purposes. To the extent permitted by law, the Consumer Guarantees Act 1993 does not apply.

IwiConnect is Aotearoa’s national iwi engagement platform. It provides a secure, auditable software platform that supports the notification, management, and recording of formal engagement between iwi, hapū, councils, developers, and agencies.

The platform is designed to support iwi and hapū to receive project notifications relevant to their rohe, respond securely on their own terms, and retain ownership and control of their responses. It also provides a transparent and traceable record of engagement activity.

IwiConnect supports compliance processes and administrative efficiency. It does not determine engagement outcomes, replace iwi decision-making authority or tikanga, or assume responsibility for statutory obligations held by any party. The platform does not provide legal, cultural, planning, or other professional advice.

IwiConnect is responsible for maintaining and operating the platform, implementing appropriate security safeguards, and using reasonable efforts to ensure the platform remains available for iwi use.

There are no fees for iwi or hapū to access or use the iwi portal. The platform, onboarding, training, and ongoing support are provided at no cost to iwi.

A core part of our kaupapa is to maintain the system as a reliable, secure, and transparent single channel for formal engagement within your rohe. While we strive to ensure consistent availability, no software platform can guarantee uninterrupted or error-free operation.

To reduce duplication and minimise administrative burden on iwi, IwiConnect operates as the designated digital channel for formal compliance-based engagement managed through the platform.

Where an iwi elects to use IwiConnect as its engagement pathway, all formal engagement requests from councils, developers, or agencies relating to compliance matters are to be directed through the IwiConnect portal.

Iwi agree to take reasonable steps to support this single-channel approach, which may include:

• Referencing IwiConnect on iwi websites for formal engagement enquiries
• Using email responses that direct compliance engagement requests to IwiConnect
• Updating voicemail messaging to reference IwiConnect for formal engagement matters

As part of onboarding, IwiConnect may request confirmation that these communication steps have been implemented to ensure clarity for external parties.

This channel designation applies only to formal compliance engagement processed through the platform. It does not restrict iwi from undertaking tikanga-based engagement, direct kōrero, relationship-building, or other non-compliance engagement outside the platform.

You retain full rangatiratanga over your decisions, responses, and information submitted through the platform. All responses, assessments, cultural input, and related material created by iwi or hapū remain your intellectual property.

Project information and responses shared through the platform may be used only for the specific notified project or statutory purpose for which they were provided, unless you give prior written consent for wider use.

You are responsible for ensuring that your iwi contact details and authorised user information are accurate and kept up to date within the IwiConnect portal. This includes maintaining current details for the nominated Owner and the key RMA contact who will act as the primary point of contact for engagement within your rohe.

IwiConnect recognises and upholds Māori data sovereignty. Iwi and hapū retain ownership and control of the information and responses they submit through the platform. All iwi and hapū responses remain your intellectual property.

IwiConnect implements reasonable and appropriate technical and organisational safeguards to protect data, including encryption of data in transit and at rest, role-based access controls, and security monitoring. The platform is hosted on secure cloud infrastructure.

Engagement records and responses are retained indefinitely as part of the platform’s audit and compliance record. IwiConnect does not delete engagement data as part of standard operations.

An iwi may request deletion of specific data at any time, subject to any legal, regulatory, or contractual obligations requiring retention.

An iwi may request a full export of its engagement records and associated documents in a usable format at any time.

IwiConnect will notify the relevant iwi of any confirmed notifiable privacy breach affecting its data without undue delay, and where applicable in accordance with the Privacy Act 2020.

Each iwi portal must have a nominated Owner. The Owner must be formally mandated in writing by the iwi Chair or Chief Executive as part of the onboarding process.

Only the iwi Chair or Chief Executive may appoint, replace, or revoke the Owner. Any change of Owner must be confirmed in writing.

The Owner is the primary administrator of the iwi portal and has authority to manage user access, permissions, and engagement workflow settings on behalf of the iwi. The Owner controls the creation, modification, and removal of authorised users.

The Owner must ensure that user access is kept current and must promptly update or remove access where staff, representatives, or authorised users change.

The iwi is solely responsible for the actions, decisions, permissions, and responses made by its Owner and authorised users. IwiConnect is not responsible for internal governance decisions, user management, or actions taken by the Owner or authorised users once appointed.

IwiConnect will provide onboarding, training, and ongoing system support to the Owner and authorised users, but does not supervise or direct engagement decisions made through the platform.

You must not misuse the service, including attempting unauthorised access, interfering with the security or operation of the platform, introducing malware, scraping data, or reverse engineering any part of the platform. If you become aware of any security incident or unauthorised use, you must notify IwiConnect promptly at info@iwiconnect.com.

IwiConnect recognises that iwi participation in formal engagement carries administrative and resource costs. To reflect this, five percent (5%) of iwi engagement fees received through the platform are allocated to Te Pūtea Oranga Iwi.

Once an iwi is onboarded and actively using the platform, it is automatically eligible to participate in six monthly distributions from Te Pūtea Oranga Iwi.

For the purposes of these Terms, “actively using” means that, during the relevant six month period, the iwi has logged into the platform more than once per month on average and has engaged with more than 50 percent of formal engagement requests received through the platform within its rohe.

The total 5 percent allocation for each six month period is distributed equally among all iwi that meet the active use threshold for that period, regardless of the number or value of engagements processed.

Distributions are paid directly to an authorised bank account in the name of the iwi. The iwi is responsible for providing accurate banking and tax information.

Te Pūtea Oranga Iwi distributions recognise participation and administrative engagement only. They do not influence, direct, or affect the content, substance, or outcome of any iwi response.

Each iwi is responsible for its own tax obligations in relation to any distribution received. Payments will be made inclusive or exclusive of GST as required by law.

IwiConnect does not guarantee that the platform will be uninterrupted, error-free, or free from defects. IwiConnect will use reasonable efforts to maintain availability and to restore service as soon as reasonably practicable following any interruption.

Scheduled maintenance, upgrades, or unforeseen outages may occur from time to time. Engagement records and stored data remain preserved within the system during any temporary disruption.

IwiConnect aims to respond to support enquiries within one business day during standard New Zealand business hours.

The platform relies on third-party service providers, including secure cloud hosting and payment processing providers. Those providers operate under their own terms and conditions. To the extent permitted by law, IwiConnect is not responsible for the acts, omissions, or service interruptions of third-party providers.

Notices under these Terms may be provided through the iwi portal or by email to the nominated iwi contact. Notices are deemed received on the date sent by email or published in the portal.

Each party must keep confidential all non-public information disclosed through the platform, including project information, engagement material, and tikanga-related or culturally sensitive information.

Confidential information may be used only for the purpose of receiving, managing, or providing engagement through the platform, unless disclosure is required by law or authorised in writing by the disclosing party.

Confidentiality obligations do not apply to information that is publicly available (other than through a breach of these Terms), lawfully obtained from a third party, or independently developed without reference to the confidential information.

These confidentiality obligations continue after termination of these Terms.

Each party is responsible for any loss directly arising from its wilful or reckless breach of this clause.

If you provide suggestions, ideas, or feedback about the platform or services, you grant IwiConnect a non-exclusive, royalty-free, perpetual licence to use and incorporate that feedback for the purpose of improving and developing the platform.

This licence applies only to feedback about the service itself and does not apply to iwi responses, cultural material, or project-specific content, which remain the intellectual property of the relevant iwi or hapū.

IwiConnect may use aggregated and de-identified usage data to analyse system performance, improve functionality, and enhance the service. No such use will identify an iwi, hapū, or specific project without prior written consent.

IwiConnect retains all right, title, and interest in and to the platform, including its software, technology, design, branding, documentation, and underlying systems.

Except as expressly set out in these Terms, nothing grants any party ownership of the other party’s intellectual property.

All responses, cultural input, and related material created by an iwi or hapū through the platform remain the intellectual property of the responding iwi or hapū.

Project information and iwi responses may be used only for the specific notified project or statutory purpose for which they were provided, unless the relevant iwi or hapū provides prior written consent for wider use.

You may stop using the iwi portal at any time.

If you wish to delete specific data, you may request deletion by contacting info@iwiconnect.com. Any deletion request is subject to applicable legal, regulatory, audit, or contractual retention obligations.

If access to the platform ends for any reason, you may request a complete export of your engagement records and associated documents. IwiConnect will provide that export in a usable format within a reasonable period.

Unless deletion is requested and permitted under applicable retention requirements, engagement records will continue to be retained in accordance with clause 8.

IwiConnect may suspend or terminate access to the platform if an iwi materially breaches these Terms or misuses the service, and fails to remedy that breach within a reasonable period after receiving notice.

Suspension may be applied where necessary to protect the security, integrity, or lawful operation of the platform.

Termination or suspension does not affect any rights or obligations that have accrued prior to the date of termination, including the right to enforce these Terms.

The following clauses survive termination or expiry of these Terms: 5 to 12 and 14 to 23.

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, or consequential loss, including loss of profits, loss of revenue, or loss of opportunity.

Subject to the paragraph below, each party’s total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, is limited to the greater of:

• (a) NZD $1,000; or
• (b) the amount recoverable under IwiConnect’s professional indemnity insurance policy in force at the time the claim arises.

Nothing in these Terms excludes or limits liability to the extent that such liability cannot be excluded or limited under New Zealand law.

No claim arising out of or in connection with these Terms may be brought more than 12 months after the party became aware, or ought reasonably to have become aware, of the matter giving rise to the claim.

Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond its reasonable control, including natural disasters, pandemics, acts of government, strikes, network failures, or widespread technology outages.

The affected party must notify the other party as soon as reasonably practicable and use reasonable efforts to mitigate the impact of the event.

If a force majeure event continues for an extended period and materially affects performance, the parties will discuss in good faith appropriate next steps.

You may not assign, transfer, or novate your rights or obligations under these Terms without IwiConnect’s prior written consent, which will not be unreasonably withheld.

IwiConnect may assign these Terms as part of a merger, restructure, or sale of its business, provided that the core commitments in these Terms continue to apply.

IwiConnect may use subcontractors or third-party service providers to deliver or support the platform, provided those providers are bound by confidentiality, privacy, and security obligations no less protective than those set out in these Terms. IwiConnect remains responsible for the performance of its obligations under these Terms.

IwiConnect may update these Terms from time to time to reflect changes in law, technology, security requirements, or the services provided.

Updated Terms will be published on the IwiConnect website or within the iwi portal and will take effect from the date specified in the notice. Continued use of the platform after the effective date will constitute acceptance of the updated Terms.

Where a change materially affects iwi rights or obligations, IwiConnect will use reasonable efforts to notify the nominated iwi contact in advance of the change taking effect.

If an iwi does not agree to a material change, it may cease using the platform in accordance with clause 15.

If a dispute arises under or in connection with these Terms, the parties will first meet, kanohi ki te kanohi or online, and act in good faith to seek resolution.

If the dispute is not resolved within a reasonable time, the parties agree to refer the matter to mediation conducted in New Zealand.

If the dispute remains unresolved following mediation, either party may refer the matter to the New Zealand courts, which will have exclusive jurisdiction.

These Terms are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts in relation to any dispute arising under or in connection with these Terms.

These Terms, together with any policies expressly referenced in them (including the Privacy Policy), constitute the entire agreement between you and IwiConnect in relation to use of the iwi portal and supersede all prior discussions, representations, or agreements relating to the platform.

All rules relating to Te Pūtea Oranga Iwi are contained within these Terms.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

For any questions about these Terms, Te Pūtea Oranga Iwi, or use of the iwi portal, please contact IwiConnect at info@iwiconnect.com.