The fertiliser industry has moved a long way from just selling fertiliser. Nutrient management on farm is all about optimising farm nutrient cycles and making the most use of what is available.
“OVERSEER gives our people important information they need to provide effective advice to farmers on nutrient management. OVERSEER takes account of nutrients recycled in animal waste, brought in from supplementary feed, biologically fixed nitrogen and nutrients weathered from some soil constituents.”
“Our shareholders are now looking for more advice on nutrient management, particularly where regulators require farms to reduce their potential losses. In these situations, we use OVERSEER to show what current losses are and then undertake scenario analysis to determine what adaptive management changes can be put in place to reduce those losses.”
Ballance Agri-Nutrients Farm Environment Awards supreme winner for the region with parents, Dennis and Judith McFetridge.
“Sometimes it is difficult to tell what activities on farm will have the greatest impact on the environment. OVERSEER helps to take away some of the guess work because you can model what you are doing and make changes to get a better result and reduce your losses,”
“If you were considering a project like a wintering pad, you can put the details into OVERSEER and see what impact this would have on nitrogen and phosphate losses to the environment.”Using OVERSEER lets farmers make informed decisions about the practices they will use on farm to optimise nutrient uptake and reduce losses to the environment.
Lake Taupō is one of New Zealand’s more iconic lakes. Set in the centre of the North Island it is considered a national treasure. It is under threat from increasing levels of nitrogen leaching from land uses in the catchment.
“Since 2011 Waikato Regional Council has been using OVERSEER in our work to reduce the level of nitrogen leaching into Lake Taupō.”
“To protect the lake, we have had to reduce the amount of nitrogen reaching the lake from farmland and urban areas by 20 per cent. By using OVERSEER, the Council has been able to generate nitrogen discharge allowances for land users. Farmers and growers can then use OVERSEER to maximise their returns within their consented environmental constraints.”
“Using this output based regulatory approach enables farmers to make choices about what they do on farm to reduce their impact on the environment. It also stimulates innovation in the primary sector which can benefit all of New Zealand.”
Your access, downloading and use of the Website and/or OVERSEER is subject to these Terms and Conditions. There are two current versions of OVERSEER available through the OVERSEER Website, one that can be used online and another that can be downloaded and used independently. Some of these Terms and Conditions apply only to one or other of the versions and should be read accordingly. These terms and Conditions also apply to any subsequent or alternative versions of OVERSEER provided to you. Please carefully read the following terms and conditions. By accessing, downloading or using OVERSEER or storing it on a computer hard drive you agree to be bound by these Terms and Conditions.
1.1 In these Terms and Conditions, the following words have the following meanings:
(a) Intellectual Property Rights means all intellectual property rights and industrial property rights of any nature whether conferred by statute, common law or equity, including without limitation, all rights in any patent, copyright, trade mark, design, database, circuit lay-out, know-how, trade secret, confidential information, or right of confidence including all such rights or similar rights in any invention, device, material, data, drawing, sample, method, process, text, algorithm, schematic, software, hardware, firmware, get-up, any other original works or materials, or any component of the same, and any application to register the same, whether or not registered or capable of registration;
(b) Licensors means the Ministry for Primary Industries, The Fertiliser Association of New Zealand Incorporated, and AgResearch Limited;
(c) OVERSEER means the OVERSEER® Nutrient Budgets application and the associated servers, data storage, files, software and all other material provided to you through the Website;
(e) User means the individual users of the Website and/or OVERSEER; and
(f) you or your means any User.
(g) Website means the website currently accessed via www.OVERSEER.org.nz and all replacement or associated websites developed by or for the Licensors for access to OVERSEER from time to time.
1.2 References to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated and to all statutory instruments made pursuant to it.
1.3 A reference to a Licensor party includes reference to that party’s successors in title and permitted assigns.
1.4 Words denoting the singular will include the plural and vice versa.
1.5 The words “include” and “including” are deemed to be followed by the words “without limitation”.
1.6 An agreement, covenant or undertaking on the part of or in favour of 2 or more persons binds or is for the benefit of them jointly and severally;
1.7 Person includes a natural person, company, corporation or other entity.
1.8 Any reference to currency is a reference to New Zealand currency.
2.1 These Terms and Conditions form the agreement between you and the Licensors and apply to your access, downloading and use of the Website and/or OVERSEER.
2.2 BY USING THE WEBSITE AND/OR OVERSEER, YOU AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE AND/OR OVERSEER.
2.3 The Licensors reserve the right, at their sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, at any time. Any changes to the Terms and Conditions shall be effective as soon they are notified by publishing them on the Website.
2.4 It is your responsibility to check the Terms and Conditions from time to time for any changes and your continued use of the Website and/or OVERSEER following the notification of any changes deems your acceptance to the revised Terms and Conditions.
2.5 On occasion you may be prompted to click “I Accept” in relation to the Terms and Conditions. If prompted and you do not accept the Terms and Conditions, you must not click “I Accept” and you must not access, download or use the Website and/or OVERSEER.
In consideration of you agreeing to abide by these Terms and Conditions, the Licensors hereby grant to you a non-exclusive, non-transferable licence to use OVERSEER in accordance with the Terms and Conditions..
3.1 Currently, the Licensors do not charge a license fee for you to download and use OVERSEER. However, this position is subject to change upon 1 month’s notification by the Licensors either to you or published on the Website. Such fees may relate to all use, or selected categories of use or User, of OVERSEER. If you do not agree to any imposed license fee, you must cease all use of OVERSEER from the date that any license fee becomes applicable.
3.2 You may:
(d) use outputs from OVERSEER in other software programs (such as Microsoft Excel) for the purpose of analysis of those outputs and may allow others to do the same as long as the use of OVERSEER in developing those outputs is acknowledged in any publication (in whatever form) of any such analysis.
3.3 Except as expressly set out in these Terms and Conditions, you may not:
(e) reverse engineer, decompile, disassemble or create derivative works based on the whole or part of OVERSEER.
3.4 For the avoidance of doubt, if you wish to incorporate, merge, combine or connect OVERSEER (or any part of OVERSEER) into another software application a written request for consent must be provided to the Licensors,. The Licensors have unfettered discretion to determine:
(b) you adequately supervise and control use of OVERSEER and ensure that OVERSEER is used by your employees and representatives at all times in accordance with these Terms and Conditions;
4.1 In order to:
(b) have access to the OVERSEER online helpdesk via the Website;
you must first register for a User account.
4.2 By registering for a User account, you agree:
(f) that the Licensors will not be liable to you for any cost, loss, expense or damage (howsoever caused) by any breach of security or unauthorised use of your account.
5.1 You acknowledge that:
(c) you have no rights in, or to, the Website, OVERSEER or its associated documentation other than the right to use them in accordance with these Terms and Conditions.
5.2 You acknowledge that you have no right to access OVERSEER in source code form.
5.3 lOVERSEER® is a registered trade mark of the Licensors. No license is granted to use that trade mark or any other trade mark contained in OVERSEER for any purpose and therefore you must not use those trade marks to describe any other products or services whether similar or not to OVERSEER.
6.1 OVERSEER, its associated documentation and all other material provided to you through the Website are provided "AS IS" and without warranties of any kind either express or implied. By using OVERSEER, its associated documentation and/or any other material provided to you through the Website, you agree that you are using it, and its outputs, at your sole risk and that OVERSEER, its associated documentation, the Website and/or any other material is not a substitute for specialised advice or testing.
6.2 While the Licensors have made all reasonable efforts to ensure that OVERSEER has been properly developed, the Licensors do not make any promises or guarantees that OVERSEER is error, bug or virus free or that OVERSEER or the outputs of OVERSEER are suitable for any particular purpose.
6.3 You acknowledge that OVERSEER has been developed from available New Zealand farming data. No representation is made regarding its applicability in any other country or circumstance not covered by that data.
6.4 While the Licensors have made all reasonable efforts to ensure that:
(c) the OVERSEER online helpdesk is available to Users who have registered an account;
the Licensors cannot guarantee that any of those will be accessible, uninterrupted or that your access will be error-free, or that any files available for download will be error-free or free from viruses, faults or defects.
6.5 The Website may contain links to third party websites which are not owned or controlled by the Licensors. These links or references are for your convenience only. The Licensors have no control over, and have no liability for, the content or other elements associated with such third party websites.
6.6 Without limiting the above, to the fullest extent permissible and subject to applicable law, the Licensors disclaim all warranties and representations express or implied, in relation to OVERSEER, the outputs of OVERSEER and any other material provided through the Website including, but not limited to, warranties of merchantability, fitness for a particular purpose, non infringement, quality or performance and representations regarding correctness, accuracy or reliability.
6.7 The Licensors and you agree that the Licensors are supplying and you are acquiring OVERSEER, its associated documentation and any other material provided through the Website in trade, and that the Consumer Guarantees Act 1993 will not apply to such supplies and that it is fair and reasonable that the parties are bound by this provision.
6.8 By using any version of OVERSEER other than the most currently version(s) available through the OVERSEER Website, you acknowledge that any such version may: have date expiry restrictions, have errors, conflict with other software or hardware, produce results that are inconsistent with the most current scientific knowledge and may not provide for some nutrient management practices that may be taken into account in the latest version.
7.1 The Licensors reserve the right, at their sole and unfettered discretion, to restrict or terminate use of OVERSEER by you, any person or organisation for any reason at any time.
7.2 Without limiting clause 7.1, the Licensors may immediately terminate your licence to download and/or use OVERSEER if you:
(c) use OVERSEER in a way which the Licensors consider may put either OVERSEER or any of the Licensors into disrepute.
7.3 Any termination of your rights to use OVERSEER pursuant to clauses 7.1 or 7.2 shall be notified to you in writing either personally and/or via a notice on the Website.
7.4 The Licensors shall be entitled to discontinue OVERSEER at any time and at which point your rights under these Terms and Conditions shall be deemed to have terminated.
7.5 Upon termination for any reason:
(c) you must immediately delete or remove OVERSEER from all computer equipment in your possession and immediately destroy or return to the Licensors (at the Licensors’ option) all copies of OVERSEER then in your possession, custody or control and, in the case of destruction, certify to the Licensors that you have done so.
8.1 In no circumstances shall the Licensors be liable to you under or in connection with these Terms and Conditions, or in connection with OVERSEER, the Website, including any advice contained in the website, or any associated documentation provided to you,, in any circumstance whatsoever (including termination of your rights under these Terms and Conditions), whether in contract, tort (including for negligence) or otherwise, including for any:
(d) loss of or damage to data.
If, notwithstanding clause 8.1, the Licensors or any of them are found liable under or in connection with these Terms and Conditions, or in connection with OVERSEER, the Website or any associated documentation by an authority of competent jurisdiction, then all of the Licensors' total aggregate liability to you and all those claiming through you shall not exceed $1,000.
9.1 The web-based version of OVERSEER allows you to store data you input to, and generate from the use of, OVERSEER. Any data you store on the servers comprising part of OVERSEER will belong to you.
9.2 You grant the Licensors an irrevocable, royalty free, transferable and world wide licence to use the data you store on the servers pursuant to clause 9.1 and any data generated by your use of OVERSEER for the purposes of testing, assessing, operating, maintaining and improving OVERSEER and the OVERSEER experience.
9.3 There are risks with storing data on computers. The Licensors take no responsibility whatsoever for any damage suffered in respect of data or information stored on the OVERSEER servers or your computer, including any corruption, loss or infection of such data or information.
9.4 You are responsible for backing up any data you store on the servers or on your own computer.
10.1 The Licensors will take every reasonable precaution to ensure the confidentiality of information stored on the servers. The Licensors cannot, however, guarantee that unauthorised access will not occur and therefore, take no responsibility whatsoever for any damage suffered in respect of the disclosure or unauthorised copying of data or information stored on the servers or any other information disclosed in relation to OVERSEER.
11.1 Any notice the Licensors give to you shall be deemed received and properly served immediately when posted on the Website, 24 hours after an email has been sent or 3 days after the date of posting of any letter. Your email and address details shall be provided to the Licensors when you register a User account.
12.1 You may not assign your rights and obligations under these Terms and Conditions without the prior written consent of the Licensors, to be given in their sole discretion. The Licensors shall be entitled to assign their rights and obligations under these Terms and Conditions upon written notice posted on the Website. Written notice is not required pursuant to clause 1.3.
12.2 You acknowledge that you have not relied on any statement, promise or representation made or given by the Licensors other than those set out in these Terms and Conditions.
12.3 In the event that any one or more of the provisions of these Terms and Conditions are declared invalid by any Court of competent jurisdiction, these Terms and Conditions will be read as if such provision had not been inserted.
12.4 These Terms and Conditions constitute the entire agreement between the parties relating to its subject matter and replace any prior agreements or undertakings between them.
12.5 No right under these Terms and Conditions will be deemed to be waived except by notice in writing signed by each party. A waiver does not prejudice rights in respect of any subsequent breach.
12.6 The obligations in these Terms and Conditions intended to survive termination shall remain enforceable to the fullest extent not withstanding termination.
12.7 These Terms and Conditions are governed by the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
1. The information below applies to information the Licensors collect when you visit and browse the Website and/or access, download and/or use Overseer including personal information (information about an identifiable individual) collected about you.
2. When you visit the Website and/or access, download and/or use Overseer, the Licensors collect some non-personal information, such as the IP address from which you accessed the Website, the date and time you are visiting, the pages you accessed, the type of browser and operating system you use, information about your computer hardware and software, referring website addresses and terms you use to search for content on the Website. This information cannot be used to personally identify you. It is used for the purposes of system administration, auditing use of the Website and improving it for different customer profiles, and for internal reporting purposes. However, some personal information is also collected including your e-mail address and name and inputted datasets.
4. You authorise the Licensors to use all information including personal information provided by you and arising from your access, downloading and/or use of Overseer (including the data inputted by you and generated by your use of Overseer) for the following purposes:
(a) To contact you regarding:
(i) Changes and updates to the Website, Overseer or the Terms and Conditions;
(ii) Advice on the use of Overseer;
(iii) The conducting of surveys and opinion gathering on Overseer or any potential new versions or improvements to Overseer;
(iv) Promotion and marketing of Overseer and Overseer events;
(b) For the testing, assessment, operation, maintenance and improvement of Overseer and to provide general statistical information regarding use of Overseer
5. If you wish to unsubscribe from any of the services set out in clause 4(a), you can:
(a) follow the unsubscribe instructions in any email sent to you; or
(b) phone or write to the Licensors using the contact details in that email message or on the Website.
6. When you provide personal information, the Licensors are obliged to comply with the provisions of the Privacy Act 1993 (the "Act"). They will collect, hold, use and disclose that information in accordance with the principles set out in the Act. This means the Licensors will:
(a) use personal information only for the purpose it is collected;
(b) retain that information only for so long as necessary to fulfil the purpose for which it is collected;
(c) disclose or release it to a third party only where required to or it is permitted by law to do so, protect and defend the rights or property of the Licensors, protect the safety of users of Overseer or the public, if you have authorised the release or disclosure, or where it is the purpose (or a directly related purpose) for which the information was collected.
7. If you think the Act has been breached or you would like to find out more about the Licensors’ obligations, information is available on the Privacy Commissioner's website at www.privacy.org.nz.
8. If you wish to enquire about personal information held about you (if any) you can contact the Licensors through the contact details contained on the Website.
9. If you post any material to the Website which the Licensors’ believe (in their discretion) is inappropriate for the Website, that information may be removed at the Licensors’ discretion.