TORO terms and conditions

Updated: 24 November 2024

If you're a TORO user or applying to become a user, please make sure you carefully read the full terms and conditions.

1. General

• These terms and conditions form the agreement between you (the TORO user) and NZ Transport Agency Waka Kotahi (the provider of these services).
• This agreement is governed by New Zealand law.
• By signing this agreement, you acknowledge and agree to these terms and conditions.
• In this agreement we use these common terms:

• This agreement starts on the date you sign it, and ends as described in clause 5.

2. Amendments and notices

• We may amend (change or update) this agreement in whole or in part from time to time.
• We’ll let you know about any updates by email, with at least 30 days’ notice.
• If you continue to use TORO after the 30 days’ notice, you have agreed to the updates.
• We’ll email any relevant notices to you (for example, change of driver licence status) or notify you in TORO.
• It’s your responsibility to let us know if your email address changes, so we can send updates to the right place.
  Email us at: toro@nzta.govt.nz

3. Terms of use

Using TORO

• If we approve your application, we’ll give you access to TORO.
• We can refuse your application if:
  • it’s incomplete in any way
  • you give us false or misleading information
  • you’ve previously misused TORO.
• You may only use TORO to:
  • create and update a register (operator list) of driver licence holders currently employed or engaged by you
  • check that only appropriately-licensed drivers are driving your vehicles.

We call these actions the permitted uses.

Account access

• You must agree that you’ll only authorise appropriate and trusted people to access TORO on your behalf.
• You must limit the number of approved people to only those who need to use TORO to perform the permitted uses above on your behalf.
• You must only access TORO to perform the permitted uses or to follow the law. You must not use TORO for an unlawful reason.
• You must only access and use a driver licence holder’s information in TORO, and receive status notifications if:
  • that driver licence holder is still employed or engaged by you, and
  • they’ve given their consent for you to access their information, and
  • their consent is still valid.
• You must make sure people who access TORO:
  • have first read and agreed to these terms and conditions
  • keep personal information confidential and only use it for reasons described in this agreement
  • don’t share personal information with anyone who isn’t authorised
  • stop using TORO when their employment ends or you tell them they’re no longer approved
  • meet all other applicable requirements in this agreement.

You’ll be responsible if they breach any terms in this agreement.

Driver licence status notifications from NZTA

• We’ll let you know as soon as possible when any of your driver licence holders:
  • have a driver licence status that changes (for example, current, expired, suspended, disqualified or revoked)
  • have a passenger (P), vehicle recovery (V), driving instructor (I) or testing officer (O) endorsement due to expire
  • have new conditions added to their driver licence, or existing conditions that change
  • have a warning letter issued because they have 50 or more active demerit points
  • are wanted for a demerit point suspension because they have 100 or more active demerit points.
• We’ll let you know by emailing you or notifying you in TORO.

Consent

• You agree that, before you access and use a driver licence holder’s details in TORO, or receive status notifications about their driver licence, you will have that driver licence holder’s signed consent. You must get that by using the consent form:
  Consent to access my information in TORO [PDF, 84 KB]
• You may use a different way of recording the driver licence holder’s consent if you ask NZTA first and we agree in writing to the way you wish to get consent. If we need you to change the way you record consent we’ll give you 30 days’ notice in writing.
• You must keep the original signed consent form, or other approved record of consent, and provide it to us if we request it. We may request it if we audit your organisation to make sure you’re meeting the terms of this agreement.
• You must provide a copy of the signed consent form, or other approved record of consent, to the driver licence holder if they request it.
• You must keep all driver licence holders’ signed consent forms, or other approved records of consent, on file for 6 months after a driver licence holder’s employment or engagement with you ends. This helps you meet auditing requirements.
• The driver licence holder’s consent will last until the earliest of the following events:
  • they end their consent
  • the period of time they provided in their consent form (or other record of consent) ends
  • their employment or engagement with you ends
  • you no longer hold a valid TSL.
• Email toro@nzta.govt.nz as soon as possible if your TSL is revoked, suspended or surrendered.

The driver licence holder’s privacy

• You must only access and use the driver licence holder’s information for a reason described in this agreement or to follow the law.
• You must meet the requirements in the Privacy Act 2020 and other relevant laws when you collect, store, disclose and use personal information. In particular, you must follow the information privacy principles set out in section 22 of the Privacy Act 2020. For more information on your privacy requirements, go to:
  www.privacy.org.nz(external link)
• You must remove a driver licence holder’s details from your TORO operator list and stop enquiring about them in TORO immediately after:
  • they end their consent
  • the period of time they provided in their consent form (or other record of consent) ends
  • their employment or engagement with you ends
  • you no longer hold a valid TSL.
• If you employ or engage a driver licence holder seasonally, at the end of each seasonal work period you must:
  • remove that driver licence holder’s details from your TORO operator list, and
  • stop enquiring about that driver licence holder in TORO.
• If you don’t remove a driver licence holder’s information and stop enquiring about their driver licence when required, you’ve breached this agreement and the Privacy Act 2020. This could affect whether we consider you to be fit and proper to hold a TSL.
• We may access the information in TORO from time to time, to:
  • check that you’re meeting these terms and conditions
  • check that you’re meeting the requirements of the law
  • do regulatory and enforcement checks (for example, to check which driver licences are associated with you).

Accuracy and security of information

• You’re responsible for making sure all information in your operator list is accurate and complete, and for making sure you keep that information up to date, when using TORO.
• When you add a driver licence holder to your TORO operator list, you must provide their:
  • driver licence number
  • full name.
• When you enquire on a driver licence holder, you’ll need to provide either their:
  • driver licence number, version number and last name, or
  • full name and date of birth.
• We recommend you sight each driver licence holder’s photo driver licence card. Check the photo and all details (including the full name and date of birth) on the driver licence card. Compare those details to the details given by the driver licence holder with their consent form.
• You must take all reasonable security measures, including your own computer anti-virus and password protection measures, to stop any unauthorised use of, and access to, TORO and your TORO operator list.
• If you don’t keep your access to TORO secure, you may be liable for any related loss we suffer as a result. We may also suspend or end your access to TORO.
• You must let us know immediately if you become aware of, or suspect, any unauthorised use of, and access to, the TORO services or your TORO operator list.

4. Warnings and disclaimer

General warnings

• We can immediately end TORO services for anyone who fails to meet the terms of this agreement, or misuses the service in any way.
• We may audit you or your organisation to check if you’re meeting the terms of this agreement. This audit may include asking driver licence holders associated with you about how you use TORO.
• You must co-operate and give us reasonable access to complete our audit and follow any reasonable recommendations we make.
• There may be interruptions to the TORO service from time to time (for example, interruptions from an internet service provider or information technology (IT) provider). These interruptions are beyond our control, and are part of having a service provided online. We’ll aim to schedule any required maintenance outside of business hours, Monday to Friday.
• We aim to provide a secure and reliable TORO service. We don’t guarantee that TORO will be uninterrupted, secure, or free of malware.
• If we become aware of any unauthorised use of, or access to, TORO or your TORO operator list, we may suspend your TORO access while we assess what has happened.
• If IT systems change significantly and stop the TORO service from working, we’ll aim to provide a replacement TORO service online within 2 months.
• Email toro@nzta.govt.nz and tell us as soon as possible if any of your information changes, including your name, address, email address and other contact details.

Liability

• Information within TORO comes from third parties. We don’t accept any responsibility or liability for the accuracy or content of the information in TORO.
• We won’t, under any circumstance (including negligence), be liable for any loss, injury or damage caused directly or indirectly by:
  • us supplying TORO to you
  • the way you use TORO
  • the way you fail to use TORO.
• If you, or people you let use TORO, don’t meet the terms of this agreement, you’ll be responsible for any loss we suffer from that breach.

5. Access, assignment and termination

• You may not assign (give) your rights or responsibilities under this agreement to any other person.
• We may assign our rights and responsibilities under this agreement to another party, but will give you at least 30 days’ notice in writing.
• Either party may end this agreement by giving at least 30 days’ notice in writing by email to:
  • toro@nzta.govt.nz (if you’re ending the agreement), or
  • your email address (if we’re ending the agreement).
• The parties may agree to end this agreement.
• We may end this agreement immediately by emailing you, if:
  • you breach this agreement
  • your TSL is revoked, suspended or surrendered
  • you misuse the TORO service.
• Ending this agreement won’t release either party from liability for previous breaches.
• Ending this agreement won’t release you from keeping consent forms or other approved records of consent on file for 6 months after a driver licence holder’s employment or engagement with you ends.
• We may consider any breach of this agreement while we’re assessing if you’re fit and proper to hold a TSL.
• When this agreement has ended, you’ll no longer have access to TORO.

6. Your privacy

• NZTA will collect the personal information (as defined in the Privacy Act 2020) you provide in your TORO application forms to:
  • run and maintain the TORO service
  • contact you about your use or your organisation’s use of TORO
  • check that you’re meeting the TORO terms and conditions
  • do regulatory and enforcement checks (for example, to check which driver licences are associated with you)
  • meet our legal requirements.
• We won’t disclose your personal information to third parties except as required or allowed by you or the law.
• We’ll use reasonable safeguards to protect your personal information from unauthorised access, modification or disclosure, and from misuse, interference or loss. Unless we need to keep your information to follow the law, we’ll only hold your personal information for as long as we reasonably need it, based on the reasons we collected it.
• The Privacy Act 2020 allows you to:
  • ask what personal information we hold about you
  • get a copy of that information
  • request corrections to that information.
• Email privacy@nzta.govt.nz if you'd like to do any of these things.
• Read our general privacy statement to check how we collect, store and use your personal information.
• If you have any concerns about how we’re using your personal information, contact the Privacy Commissioner. See their information about making a complaint at:
  Making a complaint (Privacy Commissioner)(external link)