Terms of use

Welcome to the Ministry of Social Development API Platform

  1. About the MSD APIs and the MSD API Platform

    1. The MSD Application Programme Interfaces (APIs) allow data and business rules to be sent to and from MSD in a prescribed format. MSD APIs include public and partner APIs. Public APIs allow access to publicly available information. Partner APIs allow access to identified Partners of MSD and are subject to a range of access requirements.
    2. The MSD API Platform is comprised of our Sandbox and Production API Portals, our API Specification pages, our APIs, our MSD API Content, API Credentials and documentation (collectively, the “MSD API Platform”).
    3. API platform is designed to allow you to innovate and trial connecting your new or existing applications, products and services with MSD APIs in our Sandbox environment (using mock data), and, if appropriate, connect with our production APIs in our production API environment.
    4. MSD has created these Terms so that Partners and developers can enjoy the benefits of the MSD API Platform while protecting MSD’s, MSD clients’, and other MSD API users’ rights.

  2. Application of these API Terms of Use

    1. Your use of and access to the MSD API Platform is governed by these Terms. By using and/or accessing the MSD API Platform you agree to be bound by these Terms and to use the MSD API Platform solely in accordance with these Terms.
    2. If you are an individual using the MSD API Platform on behalf of an organisation or in your capacity as an employee or contractor of an organisation:
      1. you represent and warrant that you have the authority to bind that organisation to these Terms; and
      2. references in these Terms to 'you' are references to you as an individual and to that organisation.
    3. You:
      1. will ensure that all of your employees, contractors and agents are aware of, and comply with these Terms; and
      2. will be liable for all acts and omissions of any person to whom you allow access to the MSD API Platform (including your employees, contractors and agents) in respect of these Terms (including any breach by that person of these Terms on the basis that reference to 'you' is a reference to that person) and the MSD API Platform.
    4. These Terms will evolve with our ecosystem as developers innovate and find new ways to use the MSD API Platform. We will notify you of any modifications to these Terms either by email or by notification on the MSD API Platform, or both. Your use or access of the MSD API Platform after any such modification constitutes your acceptance of any such modification.
    5. These terms were last updated on 3 March 2021.

  3. Portal Accounts, App Registration & API Subscription Process

    1. To access and use the MSD API Platform you will need to create an account and register an App on our Sandbox API Portal. We may approve or decline your portal account request at our sole discretion.
    2. Each person who wants to use the MSD API Platform must have an individual portal account. Shared or fictitious accounts are not permitted.
    3. You will be required to select a secret and strong password for your account that meets the password complexity requirements specified on the API platform. You will need to update your password at least once every 12 months and to treat your password as Confidential Information.
    4. When you register an App you will be provided with your client ID and client secret for that App. You must treat your client ID and client secret as Confidential Information.
    5. Once you have created an account and registered an App on our Sandbox API Portal and wish to access and use our APIs, you will need to subscribe to an API. We may approve or decline your API subscription request at our sole discretion.
    6. If you have an approved API subscription, your client ID and client secret can be used to make authorised API calls, initially within the Sandbox environment, which contains mock data.
    7. You will need to apply for:
      1. a new API subscription for each new App; and
      2. our approval each time you move an App from the Sandbox environment to the Production environment, which allows access to production data. Production access for some APIs may be subject to further access criteria. If there are further access criteria required for Production access for an API, the details will be provided in the API Documentation or by email, or both. We may approve or decline your access to the Production API environment at our sole discretion.
    8. You will not be permitted to:
      1. Use/make successful API calls for your App in the Sandbox environment until your API subscription is approved for the specified App; or
      2. Use/make successful API calls for your App in the Production environment until we have approved your application to move that App to the Production environment and approved your API subscription in the Production environment.
    9. We may ask you for additional information, documentation, or clarification in respect of any API subscription request you make. We reserve the right not to proceed with considering your API subscription request until you have provided such information, documentation, or clarification. Factors we may (but will not be required to) take into account in considering any API subscription request you make include:
      1. The nature and purpose of your App;
      2. The manner and purpose for which the relevant MSD API Content will be used and distributed; and
      3. Whether we believe you have a suitable support model in place to ensure appropriate support for users of your App.
    10. If you require bulk or batch API calls to be made for any purpose, you agree to manage these bulk or batch API calls in a manner, and at a time and frequency that is acceptable to MSD, as agreed between you and MSD. To avoid any Operational Impact to MSD and our Partners, you acknowledge that the scheduling of such calls is likely to be required to be outside of MSD Business Hours.
    11. You will ensure that all information you provide to us in relation to your portal account, your App, your API subscription request, and/or our approval is complete, accurate, up-to-date, true, and not misleading in any way.
    12. We may approve your API subscription request and/or make our approval subject to conditions, in which case you must comply with these conditions if you access or use the elements of the MSD API Platform to which the application relates.
    13. We will not be under any obligation to approve any API subscription request that you make and we may decline any application you make at our sole discretion.
    14. You are responsible for:
      1. your own development and other costs incurred in connection with your use of or access to the MSD API Platform; and
      2. any costs or expense in relation to your compliance with these Terms.

  4. Licence

    1. Subject to compliance with these Terms, MSD grants you a non-exclusive, non-transferable, non-sub-licensable, royalty-free licence to display on the Customer Site MSD API Content or other materials that you specifically select to receive from us. We do not transfer any ownership rights in the MSD API Content and we reserve all rights not expressly granted.
    2. Without limiting clause 10.1(b), you must ensure that you do not use any MSD API Content in a way which is contrary to any relevant legislation, including but not limited to the legislation under which the MSD collects and holds the data and the Privacy Act 2020.

  5. Ongoing API Platform Use and Use of Data

    1. Your App must only access our APIs or MSD API Content for its Approved Purpose.
    2. You may not use our APIs or MSD API Content in any way which:
      1. is illegal or misleading or infringes other’s rights (including intellectual property rights);
      2. (in our reasonable opinion) negatively impacts on us or the Government; or
      3. causes, or would cause, us to breach any applicable laws, or any legal duty or obligation to any person.
    3. We may modify, add, replace, discontinue or upgrade any or all of our APIs, and/or any MSD API Content, or other information contained within the MSD API Platform, at any time at our discretion and without incurring any liability to you.
    4. You must not license, sublicense or resell any MSD API Content.
    5. You must:
      1. report any queries, faults, failures, errors or omissions in respect of the MSD API Content or the MSD APIs directly to MSD; and
      2. ensure that any third party, to whom you supply the MSD API Content reports any queries, faults, failures, errors, or omissions in respect of the MSD or the MSD APIs directly to MSD.
    6. You must ensure that you have the correct hardware and software configuration which is required for the MSD APIs. You must accept responsibility for full systems testing to ensure the valid operation of this interface.
    7. You must comply with the technical and organisational requirements outlined in the API Specifications when using the MSD APIs and make sure that your API account details are kept up to date.
    8. For the purpose of ensuring your compliance with your responsibilities under these Terms, you acknowledge and agree that we may audit or track your use of the MSD APIs from time to time.
    9. You agree to respond within three working days to any reasonable request made to you by MSD for information relating to your compliance with your responsibilities under this agreement.

  6. Security

    1. You must:
      1. ensure that
        1. no third party or unauthorised employee, agent or contractor, gains access to, and/or uses the MSD API Platform, and
        2. no other interference with the MSD API Platform occurs (“Unauthorised Use”);
      2. effect and maintain security measures to prevent
        1. Unauthorised Use occurring, and
        2. any loss or damage to MSD arising from the occurrence of Unauthorised Use;
      3. notify MSD immediately if you become aware of any Unauthorised Use and, at your cost, take any action which is necessary or which MSD may require to prevent any further Unauthorised Use occurring and any loss or damage to MSD arising from any Unauthorised Use;
      4. notify MSD immediately of any claims by a third party in relation to your use of the MSD API Platform; and
      5. advise MSD promptly of any unauthorised disclosure of API Credentials.
    2. If you find vulnerabilities in the MSD API Platform please follow our responsible disclosure guidelines found here: https://www.msd.govt.nz/about-msd-and-our-work/tools/responsible-disclosure-guidelines.html.
    3. Your access to the MSD API Platform may be reviewed by MSD from time to time to ensure compliance with these Terms, and as a result may be suspended or terminated by MSD if we consider it necessary for security reasons or if you breach these Terms.
    4. MSD may monitor and log at all times any access and use of MSD’s systems.
    5. You agree that you are responsible for your own boundary management security and destructive/malicious software security, and will maintain these to meet best industry standards, for example, as defined in OWASP Top 10.
    6. You must:
      1. use your best endeavours to ensure that no virus, malware, or other destructive code is transmitted to MSD’s internal systems and networks in accordance with best industry standards, for example, as defined in OWASP Top 10;
      2. not attempt to bypass any security mechanism in place on our systems, or use any of our systems or services to attempt to bypass any security mechanisms in place on any remote system. This includes, but is not limited to, running any password cracking software, or attempting to access a system which you or any user authorised by you or using your MSD API Credentials knows or reasonably should know is not authorised for access in the manner or to the extent attempted; or
      3. not otherwise gain or attempt to gain unauthorised access to the MSD APIs, our systems or any of our customers’ systems, information, or data.
    7. MSD will not be liable in any way to you or any other person for any loss or damage to your systems or business as the result of any communication with, or data received from or through, MSD, including as a result of the transmission of any destructive code.
    8. You are fully responsible for the safekeeping of your API Credentials and for all use of or access to the MSD APIs by anyone using your API Credentials. You may not allow your API Credentials to be used by anyone but the individuals within your organisation to whom they have been issued or, by any App that does not have an API Subscription approved by MSD.

  7. Support services

    1. Support services may be available for registered users of the MSD API Platform. To enable us to provide support services, we may need to use information we have about you. You confirm that you grant us a licence to use any information we have about you to provide those support services.

  8. Privacy

    1. We may collect and hold personal information about you and any person to whom you allow access and use of the MSD API Platform.
    2. We will use such information for the purpose of contacting you, identifying you, administering your and any such person's access to and use of the MSD API Platform and maintaining the security of MSD’s systems.
    3. Please refer to our Privacy Statement for more details.

  9. Intellectual Property

    1. All title, ownership rights and intellectual property rights in and to the MSD API Platform remains the property of the New Zealand Government and/or the relevant New Zealand Ministry or agency.
    2. Nothing in these Terms grants you any right to use the MSD’s trademarks or logos.
    3. Your information and data is your property. You grant us a licence to use that information and data to provide the MSD APIs to you.
    4. All other intellectual property rights in and relating to the MSD API Platform, belongs to us or our licensors, including copyright, trademarks, patents, trade secrets and any other intellectual property or other proprietary rights.

  10. Indemnity

    1. Without any exclusion or limitation and to the fullest extent permissible by law, you hereby indemnify, hold harmless and defend MSD and each of its officers, employees, partners, agents and suppliers in respect of all damages, costs and expenses, including legal fees (on a solicitor and own client basis) and litigation expenses, arising out of or as a result of:
      1. any breach of these Terms or otherwise in connection with your use of the MSD APIs (including the MSD API Content);
      2. any act or omission for which you are responsible at law;
      3. any information and data provided by you;
      4. your use of the MSD APIs; or
      5. any infringement of the rights of any other person.
    2. You indemnify MSD against any loss or damage to MSD’s systems or business as the result of any communication with you, or data received from or through you, including, without limitation, as a result of the transmission of any destructive code.

  11. Warranties & Liability

    1. You warrant to MSD that:
      1. you will not make misleading or deceptive statements, particularly on public websites controlled by you (including the Customer Site), in relation to the MSD API Content, MSD APIs, MSD or any services provided by MSD;
      2. you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
      3. the Customer Site shall contain no material which is libellous or defamatory of MSD or any third party, pornographic, obscene or which brings MSD into disrepute, or which is in breach of any third party intellectual property rights or third party confidentiality; and
      4. users of the Customer Site will be required to comply with terms that are no less protective of MSD than the terms and conditions set out in these Terms in relation to their use of MSD API Content.
    2. To the maximum extent permitted by law, MSD excludes all liability to you for any loss or damage howsoever arising out of or in connection with these Terms, including but not limited to any liability arising in relation to the MSD API Content or any virus or other contamination or any unavailability of MSD API Content.
    3. Nothing in these Terms prevents MSD from seeking injunctive relief before an appropriate court.
    4. If we breach any of our obligations under these Terms or if you become dissatisfied with the MSD APIs, your sole and exclusive remedy is to terminate your use of the MSD API Platform in accordance with clause 13.

  12. Disclaimer

    1. To the fullest extent permissible by law, the MSD APIs and all related materials, features, components, programs and other sites, materials, features, components, and programs available through the MSD APIs are provided:
      1. on an “as is” and “as available” basis;
      2. at your sole risk; and
      3. without representations or warranties of any kind, either express or implied,
      and all warranties, whether express or implied, are excluded, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
    2. We do not warrant that the MSD APIs will be continuously available or error-free, or that defects will be corrected. We will use all reasonable endeavours to keep our systems and the MSD APIs free of viruses by using industry standard virus checking programs but do not otherwise warrant that the MSD APIs will be free of viruses or other harmful components.
    3. Under no circumstances (including, but not limited to negligence) will MSD or its officers, employees, partners, agents or suppliers, be liable for:
      1. your reliance on the MSD APIs;
      2. any inaccuracy or incompleteness of, or any change to, the MSD API Content; or
      3. any direct, incidental, special, consequential, indirect or punitive damages, including loss of use, loss of data, loss of profits, loss of anticipated savings, or loss of goodwill, that result from the use of, or the inability to use, the MSD APIs, or that otherwise arise in relation to the MSD APIs.
    4. If you are using the MSD APIs for the purposes of a business then you agree that you are acquiring the MSD APIs in trade and you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 do not apply to any such use or any reliance on the MSD APIs and that such exclusion is fair and reasonable. Subject to this clause, nothing in these Terms is otherwise intended to limit the rights of a “consumer” under the Consumer Guarantees Act 1993 where that Act applies, and these Terms are to be modified to the extent necessary to give effect to this intention. This provision will survive termination or expiration of your agreement to these Terms.

  13. Termination and Suspension

    1. We may immediately suspend or terminate your access to the MSD API Platform (or any element of them) if you breach, or if we believe (at our sole discretion) that you may have breached, these Terms. This clause applies to any breach of these Terms, not just a material breach.
    2. You can terminate your access to the MSD API Platform and your agreement to these Terms at any time by contacting us at api@msd.govt.nz.
    3. Clauses 11 (indemnity), 12 (warranties and liabilities), 13.4 (disclaimer) and 14 (general) survive termination of your agreement to these Terms.

  14. General

    1. These Terms are governed by, construed and take effect in accordance with the laws of New Zealand and the courts in New Zealand will have non-exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with these Terms.

  15. Definitions

    In these Terms, unless the context requires otherwise, words beginning with capital letters must be interpreted by reference to the use of those words as set out below:

    API Credentials means portal logon username and password, and/or API authentication credentials (Client ID & Client Secret) provided to you by MSD for the purpose of using the MSD APIs.

    API Specifications means the specifications provided by MSD relating to the MSD APIs on the MSD Sandbox and Production Portals.

    App or Application means any website, app/application or system that you develop, or intend to develop, that will consume an MSD API.

    Approved Purpose means the purpose of your application as submitted by you (in the Description field of the App Registration form) and approved by us when we approved an API Subscription request for that App, based on the supplied information.

    Confidential Information means any documentation or information that may be supplied or made available to you in any form by MSD from time to time, which is either described as confidential or is made available in circumstances which give rise to an obligation of confidence, and includes the security measures employed to protect MSD’s computers and networks (including Sandbox or Production Portal access credentials or API Credentials).

    Customer Site means your website or application, on or through which you use or make available MSD API Content to third parties.

    MSD, us, we and our means the Ministry of Social Development.

    MSD APIs has the meaning set out in clause 1.1.

    MSD API Content means any data or other content that we make available on or through the MSD API Platform (i.e. on Portals, in API Specifications and via data transmitted via the APIs themselves).

    MSD API Platform has the meaning set out in clause 1.2.

    MSD Business Hours means Monday to Friday between 7.00am and 7.00pm NZST/NZDT excluding public holidays.

    Operational Impact means, without limitation, any interference or disruption to business operations for us or our Partners or performance issues, damage, interference or disruption caused to any other software or systems used by us or our Partners.

    Partner means organisations other than MSD who have signed these Terms and are using the MSD Platform.

    Production API Portal means the website operated by MSD for the provision of Production versions of the MSD APIs, located at https://api.msd.govt.nz.

    Sandbox API Portal means the website operated by MSD for the provision of trial versions of the MSD APIs, located at https://sandbox.api.msd.govt.nz.

    Terms means this document entitled MSD API Terms of Use, which comprises these standard terms and conditions and any Schedules, and any replacement or additional terms and conditions published on the MSD API Platform from time to time.

    Unauthorised Use has the meaning set out in clause 6.1(a).

    You means the person who has signed these Terms in order to access or use the MSD API Platform and our APIs and your has a corresponding meaning.

    Your Content means information, material or other works (including any App and computer code forming part of such App) which resides on the MSD Developer Portal and which is developed, created or placed on the MSD Developer Portal by you.