Developer API Terms of Use

These are the Terms of Use that developers agree to when they use the DigitalNZ API.

DigitalNZ API Terms: Non Commercial Use Metadata specify how developers can use the DigitalNZ metadata for non-commercial use.
DigitalNZ API Terms: Commercial Use Metadata supplement the DigitalNZ API Terms (Non Commercial Use Metadata) and specify how developers can use the selection of metadata that some of our content partners have agreed to allow for commercial use

Metadata with existing open licences:

The data from the following sources are available in the DigitalNZ API under the terms of their existing open licenses:

Europeana: All Europeana metadata in the DigitalNZ API are published under the terms of the Creative Commons CC0 1.0 Universal Public Domain Dedication and can be freely re-used for any purpose. Please refer to the Europeana Metadata Usage Guidelines on best practice for using their metadata.
Data.govt.nz: The metadata from data.govt.nz website is owned by the Department of Internal Affairs and its licensors and is licensed under a Creative Commons Attribution 3.0 New Zealand licence. Note that this licence does not apply to the datasets the metadata points to. For more information on what is and is not covered by this licence, see clauses 2-6 of data.govt.nz's Terms of use.
Digital Public Library of America (DPLA): All metadata made available by the DPLA is done so under the Creative Commons Zero (CC0) Public Domain Dedication. Please refer to DPLA's Data Use Best Practises for guidelines on using their data.
New Zealand Gazette: All New Zealand Gazette metadata and content is protected by copyright which is owned by the Department of Internal Affairs on behalf of the Crown and its licensors and is licensed for re-use under the Creative Commons Attribution 3.0 New Zealand licence. Please see the New Zealand Gazette copyright statement for more information.
Lincoln University: As an Open Access university, the Lincoln University welcomes harvesting of the item records metadata on Lincoln University Living Heritage, Lincoln University Research Archive and Lincoln University Resources for Education.This metadata is available under a Creative Commons Zero license. Please see Lincoln University Copyright & re-use for more information.
Hutt City Council Archives: All metadata made available by Hutt City Council Archives is done so under the Creative Commons Attribution 2.0 licence. Please contact hccarchives@huttcity.govt.nz for more information.
Alexander Turnbull Library: All metadata made available by Alexander Turnbull Library is done so under the Creative Commons Attribution 4.0 International licence. Please see: Turnbull metadata via DigitalNZ API/Turnbull unpublished collections metadata or contact ATL@dia.govt.nz for more information.

If we know that specific metadata has an open licence we will list the licence in the "rights" field in the DigitalNZ API.

DigitalNZ API terms: Non Commercial Use Metadata

These terms specify how developers can use DigitalNZ metadata for non-commercial use. If you wish to use metadata for commercial endeavours please view the Terms for Commercial Use Metadata.

Please be aware that the DigitalNZ API Terms of Use extend only to metadata as specified in the respective Definitions section. The rights do not extend to use of digital objects or large thumbnails (as accessible through the large_thumbnail_url field). If you wish to use any object or large thumbnail, that is not openly licensed, then we encourage you to contact the appropriate content owners for their permission.

Definitions

1. In these terms of use:

"DIA", "we", "our" and "us" mean the Department of Internal Affairs, a department of the New Zealand Government;

"DigitalNZ" means the nation-wide project operated by the National Library to help make New Zealand digital content easier to find, share and use, with a website at www.digitalnz.org;

"DigitalNZ API" means the DigitalNZ Application Programming Interface;

"DigitalNZ Commercial Use API" means the DigitalNZ Application Programming Interface through which metadata is available for both non-commercial and commercial use;

"metadata" means any information (text, images or otherwise, including small thumbnail images) that describes attributes and characteristics of digital content, whether in structured and standard ways or in less structured ways through the use of general descriptions and tagging, and whether at the individual content item level or at the level of a group of content items; for the purposes of these API terms, metadata also includes statistical information available through search queries using the DigitalNZ API; and

"National Library" means the National Library of New Zealand Te Puna Mātauranga o Aotearoa which, in February 2011, was integrated with DIA.

Agreement to terms

2. The DigitalNZ API enables people and organisations to retrieve DigitalNZ metadata, with or without an API key. You must agree to these API terms prior to using the DigitalNZ API. The terms constitute a binding agreement with DIA that governs your use of the DigitalNZ API.

Authority

3. If you are using the DigitalNZ API, or applying for an API key, on behalf of a company or other organisation, you represent that you have the authority to bind that company or organisation.

Access and use rights

4. You may:

(a) access the DigitalNZ API; and

(b) copy, use and distribute metadata available through the DigitalNZ API for the purposes of your own websites and applications (whether desktop or mobile in nature), for non-commercial purposes,

provided you comply with all requirements set out in these API terms. If you do not comply with these requirements, your limited licence under this clause will automatically terminate. Without limitation, your attention is drawn to clauses 8-10 (Live access and caching), 11 (Attribution), 12-13 (API calls) and 17 (Prohibited use).

Use and protection of API key

5. Your API key is personal to you and cannot be used by or transferred to any other person without DIA’s written permission.

6. You must keep your API key secure and confidential. If you believe that the security and confidentiality of your API key has been compromised, you must notify us as soon as possible at info@digitalnz.org.

Password restricted site access

7. If you are displaying DigitalNZ metadata retrieved via the DigitalNZ API on or through a website or application that requires registration you must, on request by DIA or any metadata contributor, provide a logon to the website or application to DIA or the metadata contributor, without charge.

Live access and caching

8. Subject to clause 9 below, when you wish to serve DigitalNZ metadata to or through websites or applications, you are required to make real-time calls directly to the DigitalNZ API on each occasion and to display the retrieved data on or through those websites or applications as soon as possible upon your system’s receipt of the retrieved data. (The reason for this requirement is that DigitalNZ metadata is updated regularly.)

9. The only exception to the requirement in clause 8 above is where you wish to enable offline functionality for your website or application, or where making real-time calls would negatively affect the performance of your service, in which case you may cache DigitalNZ metadata retrieved via the DigitalNZ API for up to 30 days.

10. If metadata is removed from DigitalNZ or is no longer able to be viewed by the general public, you must ensure it is removed from your website or application as soon as possible.

11. If you display metadata retrieved via the DigitalNZ Non-Commercial Use API on or through another website or application:

(a) you must, for each content item to which the metadata relates:

(i) identify the online source (i.e., the third party source of the content item, not DigitalNZ); and

(ii) provide a hyperlink to the page on the online source’s website containing the content item (Please use source_url (JSON) or source-url (XML). Refer to the API documentation for details); and

(b) we would be grateful if you would, but you do not have to, state that your website or application uses data sourced from DigitalNZ and include a link to http://www.digitalnz.org (you are welcome to use the DigitalNZ logos (AI/1.85 MB) ).

API calls

12. The following limits to API calls apply:

(a) 10,000 API calls per day, per API key issued to you. Please contact DigitalNZ to discuss higher rate limits.

(b) for all users accessing the Digital NZ API without an API Key, there is a shared limit of 10,000 API calls per day in total.

13. DIA reserves the right to increase or decrease this API call limit at its sole discretion.

Disclaimers

14. DIA disclaims and excludes all liability for any claim, loss, demand or damages of any kind (including for negligence) arising out of or in connection with your use of the DigitalNZ API or the metadata accessible via the DigitalNZ API.

15. The inclusion of links to third party sites does not imply any endorsement of the linked website or its content or provider.

16. DIA will not be responsible for any disruption to DigitalNZ, the DigitalNZ API or for loss or corruption of any information whilst in transit or when downloaded onto any website or application from DigitalNZ or the DigitalNZ API.

Prohibited use

17. You must not use or attempt to use the DigitalNZ API or any DigitalNZ metadata or other content:

(a) in connection with or to promote any products, services or materials that are:

(i) viruses, spyware, malware or other malicious code;

(ii) tobacco, tobacco products or gambling; or

(iii) counterfeit goods;

(b) in any manner that is, or that promotes conduct that is, illegal or otherwise obscene, indecent, pornographic or objectionable; or

Indemnity

18. You agree to indemnify and hold DIA harmless for any loss, liability, claim, demand, damage or expense (including reasonable legal fees and costs) arising from your breach of these terms of use.

Reserved rights

19. DIA reserves the right:

(a) not to grant an API key to any person at its complete discretion;

(b) to release new versions of the DigitalNZ API from time to time and require you to use the most recent version;

(i) acting contrary to these terms of use; or

(ii) providing a website or application that is enabling others to act in a manner that is either contrary to these terms of use or is bringing or could bring DigitalNZ, the National Library, DIA or any contributor of metadata to DigitalNZ into disrepute; and

(d) to otherwise terminate your access to, or discontinue, the DigitalNZ API at any time, for any reason and at its sole discretion.

Revisions

20. We may revise these terms of use at any time. Any such revisions will take effect once notified through a post on digitalnz.org detailing the respect(s) in which the terms have changed.

Governing law

21. These terms are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.

Developer API Terms of Use: Commercial Use Metadata

These Developer API Terms of Use (Commercial Use Metadata) became active on 4 June 2014. They supplement the Developer API Terms of Use (Non-Commercial Use) in that they allow commercial use of selected metadata available through the DigitalNZ API and, once the technology is available, bulk download of the dataset that is accessible through the DigitalNZ API.

Please be aware the DigitalNZ API Terms of Use extend only to metadata as specified in the respective Definitions section. The rights do not extend to use of digital objects or large thumbnails (as accessible through the large_thumbnail_url field). If you wish to use any object or large thumbnail, that is not openly licensed, then we encourage you to contact the appropriate content owners for their permission.

If you are intending to use the Commercial Use metadata do get in touch so that we can increase your call limit. Also, you need to be aware that only a selection of DigitalNZ metadata is available for commercial use. Do read the API Documentation to ensure you are accessing the correctly licensed metadata in the appropriate way.

Definitions

1. In these terms of use:

"DIA", "we", "our" and "us" mean the Department of Internal Affairs, a department of the New Zealand Government;

"DigitalNZ" means the nation-wide project operated by the National Library to help make New Zealand digital content easier to find, share and use, with a website at www.digitalnz.org;

“DigitalNZ Commercial Use API” means the DigitalNZ Application Programming Interface through which metadata is available for both non-commercial and commercial use;

"National Library" means the National Library of New Zealand Te Puna Mātauranga o Aotearoa which, in February 2011, was integrated with DIA.

Agreement to terms

2. The DigitalNZ Commercial Use API enables people and organisations with API keys to retrieve DigitalNZ metadata. Persons and organisations wishing to use the DigitalNZ Commercial Use API are required to agree to these API terms prior to obtaining an API key. The terms constitute a binding agreement with DIA that governs your use of the DigitalNZ Commercial Use API.

Authority

3. If you are applying for an API key on behalf of a company or other organisation, you represent that you have the authority to bind that company or organisation.

Access and use rights

4. Upon your receipt of an API key, you may:

(a) access the DigitalNZ Commercial Use API; and

(b) copy, use and distribute metadata available through the DigitalNZ Commercial Use API for the purposes of your own websites and applications (whether desktop or mobile in nature), for both non-commercial and commercial purposes,

provided you comply with all requirements set out in these API terms and any licence requirements of the content provider (which will be specified in the “rights” field in the DigitalNZ API). If you do not comply with these requirements, your limited licence under this clause will automatically terminate. Your limited licence under this clause will also terminate if you abandon your API key or fail to maintain an email address through which we can contact you if required. Without limitation, your attention is drawn to clauses 8-10 (Live access and caching), 11 (Attribution), 12-13 (API calls) and 17 (Prohibited use).

Additional terms relating to use of API key

5. Your API key is personal to you and cannot be used by or transferred to any other person without DIA’s written permission.

Password restricted site access

7. If you are displaying DigitalNZ metadata retrieved via the DigitalNZ Commercial Use API on or through a website or application that requires registration you must, on request by DIA, provide a logon to the website or application to DIA, without charge. If this poses a problem for you, please contact us.

Access, storage and removal

8. Subject to clause 9 below, when you wish to serve DigitalNZ metadata to or through websites or applications, our preference is that you make real-time calls directly to the DigitalNZ Commercial Use API on each occasion and display the retrieved data on or through those websites or applications as soon as possible upon your system’s receipt of the retrieved data. (The reason for this requirement is that DigitalNZ metadata is updated regularly.)

9. If, however, you wish to enable offline functionality for your websites or applications, or the making of real-time calls would negatively affect the performance of your service or is otherwise undesirable, you may cache, download or otherwise store DigitalNZ metadata retrieved via the DigitalNZ Commercial Use API for use and distribution within your websites or applications.

10. If metadata is removed from DigitalNZ or is no longer able to be viewed by the general public, you must ensure it is removed from your website or application as soon as is reasonably practicable upon your becoming aware of its removal or no longer being publicly viewable.

Attribution

11. If you display metadata retrieved via the DigitalNZ Commercial Use API on or through another website or application:

(a) you must, for each content item to which the metadata relates:

(i) identify the online source (i.e., the third party source of the content item, not DigitalNZ); and

(ii) provide a hyperlink to the page on the online source’s website containing the content item (using source_url (JSON) or source-url (XML). Refer to the API documentation for details) ; and

API calls

12. The following limits to API calls apply:

(a) 10,000 API calls per day, per API key issued to you. Please contact DigitalNZ to discuss higher call limits.

(b) for all users accessing the Digital NZ API without an API Key, there is a shared limit of 10,000 API calls per day in total.

13. DIA reserves the right to increase or decrease this API call limit at its sole discretion.

Disclaimers

14. DIA disclaims and excludes all liability for any claim, loss, demand or damages of any kind (including for negligence) arising out of or in connection with your use of the DigitalNZ Commercial Use API or the metadata accessible via the DigitalNZ Commercial Use API.

15. The inclusion of links to third party sites does not imply any endorsement of the linked website or its content or provider.

16. DIA will not be responsible for any disruption to DigitalNZ, the DigitalNZ Commercial Use API or for loss or corruption of any information whilst in transit or when downloaded onto any website or application from DigitalNZ or the DigitalNZ Commercial Use API.

Prohibited use

17. You must not use or attempt to use the DigitalNZ Commercial Use API or any DigitalNZ metadata or other content:

(a) in connection with or to promote any products, services or materials that are:

(i) viruses, spyware, malware or other malicious code;

(ii) tobacco, tobacco products or gambling; or

(iii) counterfeit goods;

(b) in any manner that is, or that promotes conduct that is, illegal or otherwise obscene, indecent, pornographic or objectionable; or

Indemnity

18. You agree to indemnify and hold DIA harmless for any loss, liability, claim, demand, damage or expense (including reasonable legal fees and costs) arising from your breach of these terms of use.

Reserved rights

19. Without limitation to its other rights, DIA reserves the right:

(a) not to grant an API key to any person at its complete discretion;

(b) to release new versions of the DigitalNZ Commercial Use API from time to time and require you to use the most recent version;

(i) acting contrary to these terms of use; or

(d) to otherwise terminate your access to, or discontinue, the DigitalNZ API at any time, for
any reason and at its sole discretion.

Revisions

20. We may revise these terms of use at any time. Any such revisions will take effect once notified through a post on the site detailing the respect(s) in which the terms have changed.

Governing law

21. These terms are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.

Register of updates to these terms

These Developer API Terms first became active on 31 January 2012. They replace the previous Developer API terms of use.

On 10 June 2013 the title of the terms changed to Developer API Terms (Non-Commercial Use of Metadata) and we added the Developer API Terms (Commercial Use of Metadata). In this update we also included a minor update to the Indemnity (18) clause in response to feedback from developers.

On 11 June 2013 we updated the API call limit for both non-commercial and commercial use metadata to 10,000/day (up from 3000/day).

On 13 July 2015 we corrected an error in section 11 of the Commercial Use Terms. Section 11b should have been the same for both the Commercial Use and Non-commercial use terms. We also added the detail of source_url / source-url for section 11(a)ii.

On 4 March 2022 we updated the terms to reflect the new option to access the API without an API key.