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Notice and Takedown Procedure | Pae Korokī

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Pae Korokī - Notice and Takedown Procedure

INTRODUCTION


In making material available on this Website (Pae Korokī – https://paekoroki.govt.nz), Tauranga City Libraries (a division of Tauranga City Council) (“TCL”) acts in good faith.  We allow registered users of our Website to log-in and make Community Contributions provided they comply with our Terms of Use and Community Contributions Rules.  We moderate Community Contributions. 

However, despite these safeguards, we recognise that from time to time material published online may be in breach of copyright laws, contain sensitive personal information, or contain content that may be regarded as sensitive, objectionable, obscene, offensive, disturbing or defamatory, or that could be considered harmful under the New Zealand Harmful Digital Communications Act 2015.
 

NOTICE
  1. Please notify us in writing if you have found material on our Website that you are concerned contains:
    1. content that breaches your copyright (or the copyright of a person for whom you are the authorised representative) and that is not covered by a limitation or exception;
    2. your personal information for which you have not given permission, or that otherwise contravenes privacy laws; or
    3. content that you consider sensitive, objectionable, obscene, offensive, disturbing or defamatory, or that could be considered harmful under the New Zealand Harmful Digital Communications Act 2015.
  2. Send your notification to us by:
    1. email to our Heritage and Research Team at research@tauranga.govt.nz; or
    2. letter mailed to Heritage and Research Team, Tauranga City Libraries, Tauranga City Council, Private Bag 12022, Tauranga, 3143.
  3. Your notification must specify the following:
    1. Your contact details.
    2. The full details of the material.
    3. The exact and full url where you found the material.
    4. If the request relates to copyright, provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative.
    5. The reason for your request including, but not limited to, those detailed in paragraph 1 above.
       
TAKEDOWN
 

Upon receipt of notification, this ‘Notice and Takedown’ procedure is then invoked as follows:

  1. TCL will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint.
  2. Upon receipt of a valid and plausible complaint, the material will be temporarily removed from our Website pending an agreed solution.
     
  3. TCL will contact the contributor of the material, if relevant. The contributor will be notified that the material is subject to a complaint, under what grounds, and will be asked to provide their response to the concerns raised by the complainant to TCL.
  4. The complainant and the contributor will be encouraged by TCL to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes
    1. The material is re-posted on the Website unchanged.
    2. The material is replaced on the Website with changes.
    3. The material is permanently removed from the Website.
  5. Subject to paragraph 6 below, if the contributor and the complainant are unable to agree a solution, the material will remain unavailable on the Website until a time when a resolution has been reached.
  6. TCL reserves the right in its absolute discretion to take any of the actions under paragraph 4 if:
    1. there is no contributor;
    2. the contributor cannot be contacted;
    3. the contributor fails to provide a response to TCL in a timely manner; or
    4. TCL is unable to obtain resolution between the parties within a timeframe TCL considers reasonable.

 


This procedure was last updated on 27 November 2020.

 
   research@tauranga.govt.nz    07 577 7177    Tauranga City Libraries, 91 Willow Street, Tauranga, 3110, New Zealand