قانون إدارة الأحداث الرئيسية لعام 2007 (بطبعته الصادرة في 1 يوليو 2012), نيوزيلندا, WIPO Lex

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بالإنكليزية Major Events Management Act 2007 (reprint as at 1 July 2012)

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Major Events Management Act 2007 (reprinted as at 1 July 2012)

Reprint as at 1 July 2012

Major Events Management Act 2007

Public Act 2007 No 35 Date of assent 28 August 2007

Commencement see section 2

Contents Page

1 Title 5 2 Commencement 5

Part 1 Preliminary provisions

3 Purposes 5 4 Interpretation 6 5 Status of examples 8 6 Act binds the Crown 8

Part 2 Declaration of major event and protections for major

events Subpart 1—Declaration of major event

7 Declaration of major event 9

Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the Ministry of Economic Development.

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Subpart 2—Ambush marketing by association protections 8 Declaration of major event emblems and words 10 9 Declaration of protection period for major event 10 10 No representation of association with major event 11 11 Presumption if major event emblems or words are used 11 12 Exceptions to sections 10 and 11 12 13 Offences and penalty for breach of section 10 14 14 Defences to breach of section 10 14 15 Registering authority must not register in certain cases 15

Subpart 3—Ambush marketing by intrusion protections 16 Declaration of clean zones, clean transport routes, and

clean periods 15

17 No street trading in clean zone without authorisation 18 18 No advertising in clean zone without authorisation 19 19 No advertising that is clearly visible from clean zone 20 20 No advertising in clean transport route without

authorisation 21

21 Persons who advertise 22 22 Exceptions to sections 18 to 20 22 23 Offences and penalties for breach of any of sections 17

to 20 24

24 Defences to breaches of sections 18 to 20 25

Subpart 4—Ticket-scalping protections 25 Ticket-scalping protections 25 26 Offence and penalty for breach of section 25 25

Subpart 5—Pitch invasion 27 Offence to invade pitch at major sporting event 25

Part 3 Permanently protected emblems and words

28 Unauthorised use of emblems and words relating to Olympic Games and Commonwealth Games

29 Authorisation by New Zealand Olympic Committee Incorporated

30 Exceptions to section 28 27 31 Penalty for offence against section 28 28 32 Defence to offence against section 28 28 33 Injunction for breach of section 28 29 34 Registering authority must not register in certain cases 30

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Part 4 Enforcement

Subpart 1—Matters of general application 35 Act does not affect other rights 30 36 Interrelationship of civil and criminal remedies under

this Act 31

Subpart 2—Border protection measures 37 Application of Trade Marks Act 2002 to major event

emblems and major event words 31

Subpart 3—Enforcement officers 38 Chief executive may appoint enforcement officers 32 39 Authority to act as enforcement officer 32 40 Functions of enforcement officer 32 41 Enforcement officer’s entry to premises restricted 33 42 Power of enforcement officer to seize or cover things 33 43 Notice of thing seized or covered under section 42 34 44 Uncovering of things covered under section 42 35 45 Return of things seized under section 42 35 46 Enforcement officers may issue formal warnings 35 47 No liability if powers are exercised in good faith 36 48 Functions and powers of Police 36

Subpart 4—Civil proceedings General matters concerning civil proceedings

49 Who may apply for relief 37 50 Time for bringing civil proceedings 37 51 Unjustified civil proceedings 38

Injunctions, damages, and account of profits 52 Court may grant injunction, damages, and account of

profits 38

Order for erasure 53 Order for erasure 38 54 Rights of persons with interest in unauthorised

representation or advertisement 39

Direction for corrective advertising 55 Order to disclose information or publish advertisement 40

Orders for delivery up 56 Order for delivery up of goods, material, or object 40

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57 Order for forfeiture, destruction, or retention of goods, material, or object

58 Matters to be considered by court 41 59 Directions for service 41 60 Rights of persons with interest in goods, material, or

object 42

61 When order under section 57 takes effect 42 62 Additional court order if more than 1 person interested in

goods, material, or object 42

63 Position where no order made under section 57 42

Subpart 5—Criminal offences 64 When criminal proceedings may be commenced 42 65 Application of Sentencing Act 2002 43 66 Liability of officers of body corporate 43

Subpart 6—Search warrants 67 Issue of warrant 43 68 Powers conferred by warrant 44 69 Form and content of search warrant 45 70 Warrant must be produced 45 71 Other duties of person who executes warrant 46 72 When alternative to list of seized things may be provided 46 73 Matters that must be stated in list of documents 46 74 Duty to assist 47 75 Power to inspect and take copies of documents, etc,

obtained under warrant 47

76 Disposal of things seized 47 77 Uncovering or disposal of things covered 48 78 Court order to be suspended on conviction 48

Part 5 Miscellaneous

79 Emblems and words protected under other Acts 49 80 Power to amend Schedule 49 81 Application of Regulations (Disallowance) Act 1989 and

Acts and Regulations Publication Act 1989 49

82 Regulations 50 83 Repeal 50

Schedule 51 Olympic Games and Commonwealth Games emblems

and words

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1 Title This Act is the Major Events Management Act 2007.

2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Purposes (1) The purposes of this Act are to provide—

(a) certain protections for events that are declared to be major events under this Act in order to— (i) obtain maximum benefits from the major event

for New Zealanders; and (ii) prevent unauthorised commercial exploitation at

the expense of either a major event organiser or a major event sponsor; and

(iii) ensure the smooth running of the major event; and

(b) for the protection, and control over the use, of certain emblems and words relating to Olympic Games and Commonwealth Games.

(2) To those ends, this Act— (a) establishes a procedure for appropriate events to be de-

clared to be major events for the purposes of this Act; and

(b) prohibits representations that suggest persons, brands, goods, or services have an association with a major event when they do not; and

(d) prohibits activities that might compromise the smooth running of a major event, such as ticket scalping and pitch invasion; and

(e) prohibits the use of certain emblems and words relating to Olympic Games and Commonwealth Games without appropriate authorisation.

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4 Interpretation In this Act, unless the context otherwise requires,— advertise means any form of communication (including sell- ing or giving away any goods or services, but excluding com- munications of personal opinion made by a natural person for no commercial gain) made to the public or a section of the public in relation to any— (a) goods or services; or (b) brand of goods or services; or (c) person who provides goods or services aircraft includes any airship, balloon (including kite balloon), blimp, glider (including hang glider), kite, and parachute associationmeans a relationship of connection, whether direct or implied, such as an approval, authorisation, sponsorship, or commercial arrangement and includes offering, giving away, or selling a ticket to a major event activity in connection with the promotion of goods or services clean period means a time period that has been declared by notice in the Gazette under section 16(1) to be a clean period in relation to a particular clean zone or clean transport route clean transport routemeans an area that has been declared by notice in theGazette under section 16(1) to be a clean transport route clean zone means an area that has been declared by notice in the Gazette under section 16(1) to be a clean zone Commerce Minister means the Minister responsible for the administration of the Trade Marks Act 2002 court means the High Court Economic Development Minister means the Minister re- sponsible for the administration of the Ministry of Economic Development Act 2000 emblem means an identifying device, seal, indicium, image, mark, trade mark, badge, symbol, design, logotype, or sign; and includes any printed or other visual representation of the emblem— (a) on a flag, banner, sign, or other printed or written ma-

terial; or

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(b) made byway of a pictorial representation or other visual image; or

(c) made in any other manner major eventmeans an event that is declared byOrder in Coun- cil under section 7(1) to be a major event major event activity means an activity forming part of a major event that is authorised by the major event organiser of that major event major event emblem means an emblem that has been de- clared by Order in Council under section 8(1) to be a major event emblem for a major event major event organiser means the person identified by Order in Council under section 7(1) as the major event organiser of a major event major event sponsormeans a person who has the written au- thorisation of the major event organiser to make a represen- tation suggesting an association between the major event and that person, or goods or services provided by that person major event word means any word that has been declared by Order in Council under section 8(1) to be a major event word for a major event proper name, in relation to any town or road or other place, means the name assigned or approved in respect of that place by the New Zealand Geographic Board or the Surveyor-Gen- eral or a territorial authority under any Act protection period means the period for which the protection under section 10 applies in relation to a major event, as de- clared by Order in Council under section 8(1) registering authority includes the following Commission and officers, and also includes any officer acting on behalf of the following Commission and officers: (a) the chief executive under the Charities Act 2005: (b) the Registrar of Incorporated Societies under the

Incorporated Societies Act 1908: (c) the Registrar of Industrial and Provident Societies under

the Industrial and Provident Societies Act 1908:

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(d) the Registrar of Friendly Societies and Credit Unions under the Friendly Societies and Credit Unions Act 1982:

(e) the Commissioner of Trade Marks under the Trade Marks Act 2002:

(f) the Registrar of Companies under the Companies Act 1993:

(g) the Registrar of Incorporated Societies under Part 2 of the Charitable Trusts Act 1957:

(h) the Registrar of Building Societies under the Building Societies Act 1965:

(i) the Registrar of Unions under the Employment Relations Act 2000

sign has the meaning set out in section 5(1) of the TradeMarks Act 2002 Sports Minister means the Minister responsible for the ad- ministration of the Sport and Recreation New Zealand Act 2002 ticket to a major event activity means a ticket authorised by the major event organiser that permits entry to a major event activity. Section 4 registering authority paragraph (a): amended, on 1 July 2012, by section 16(2) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

5 Status of examples (1) An example used in this Act is only illustrative of the provi-

sions to which it relates. It does not limit those provisions. (2) If an example and a provision to which it relates are inconsist-

ent, the provision prevails.

6 Act binds the Crown This Act binds the Crown.

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Part 2 Declaration of major event and protections for major events

Subpart 1—Declaration of major event 7 Declaration of major event (1) The Governor-General may, by Order in Council made on the

recommendation of the Economic Development Minister after consultation with the Commerce Minister and the Sports Min- ister, declare that an event is a major event.

(2) An Order in Council under subsection (1) must identify the major event and the major event organiser.

(3) The Economic Development Minister may only make a rec- ommendation if— (a) an event organiser has applied for an event to be de-

clared to be a major event under this Act; and (b) the event activities will take place, at least in part, in

New Zealand; and (c) the Minister is satisfied that the event organiser has the

capacity and the intention to— (i) successfully and professionally stage and man-

age the event; and (ii) use all practicable measures available under the

existing law to prevent unauthorised commercial exploitation of the major event and to protect its intellectual property and other legal rights (in- cluding, for example, registering relevant trade marks).

(4) Before making a recommendation, the Economic Develop- ment Minister must take into account whether the event will— (a) attract a large number of international participants or

spectators and therefore generate significant tourism opportunities for New Zealand:

(b) significantly raise New Zealand’s international profile: (c) require a high level of professional management and

co-ordination: (d) attract significant sponsorship and international media

coverage:

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(e) attract large numbers of New Zealanders as participants or spectators:

(f) offer substantial sporting, cultural, social, economic, or other benefits for New Zealand or New Zealanders.

Subpart 2—Ambush marketing by association protections

8 Declaration of major event emblems and words (1) The Governor-General may, by Order in Council made on the

recommendation of the Economic Development Minister, de- clare any or all of the following: (a) an emblem to be a major event emblem: (b) a word, words if combined with other words, or a com-

bination of words to be a major event word or major event words.

(2) The Economic Development Minister may only make a rec- ommendation after consultation with— (a) the Commerce Minister; and (b) the major event organiser; and (c) persons the Minister considers are likely to be substan-

tially affected by the recommendation. (3) Before making a recommendation, the Economic Develop-

ment Minister must take into account the extent to which, in relation to the major event, emblems and words require pro- tection in order to— (a) obtain maximum benefits for New Zealanders: (b) prevent unauthorised commercial exploitation at the ex-

pense of either a major event organiser or a major event sponsor.

(4) A failure to comply with subsection (2)(c) does not affect the validity of an Order in Council made under subsection (1).

9 Declaration of protection period for major event (1) An Order in Council under section 8(1) must identify the rele-

vant major event and declare the protection period for the major event.

(2) The major event’s protection period need not be limited to the period when major event activities are to occur, but cannot

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 2 s 11

end later than 30 days after the completion or termination of all major event activities.

10 No representation of association with major event (1) No personmay, during amajor event’s protection period, make

any representation in a way likely to suggest to a reasonable person that there is an association between the major event and— (a) goods or services; or (b) a brand of goods or services; or (c) a person who provides goods or services.

(2) In subsection (1), a person who makes a representation in- cludes a person who— (a) pays for, commissions, or authorises the representation;

or (b) receives consideration for the placement or the location

of the representation.

Example The Football World Cup finals are to be held in New Zealand in 2007. The Football World Cup finals are declared to be a major event under section 7. Company A pays Company B to produce hats with writing on them that states “Company A—proud to bring you the 2007 Foot- ball World Cup”. Neither Company A nor Company B has the written authorisation of the major event organiser for Company A’s representation of an association between itself and the Football World Cup. Both Company A and Company B are in breach of section 10.

11 Presumption if major event emblems or words are used (1) The court may presume that a representation is in breach of

section 10 if it includes any of the following: (a) a major event emblem; or (b) a major event word or major event words; or (c) a representation that so closely resembles a major event

emblem, a major event word, or major event words as to be likely to deceive or confuse a reasonable person.

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(2) Subsection (1) applies even if the representation is qualified by words like “unauthorised” or “unofficial”, or other words that are intended to defeat the purpose of section 10.

12 Exceptions to sections 10 and 11 (1) Sections 10 and 11 do not apply if—

(a) the association between the major event and the goods, services, brand of goods or services, or person who pro- vides goods or services has the written authorisation of the major event organiser; or

(b) the representation has the written authorisation of the major event organiser; or

(d) in accordance with honest practices in industrial or commercial matters, the representation— (i) is necessary to indicate the intended purpose of

goods or services; or (ii) is made by an existing organisation continuing to

carry out its ordinary activities; or (iii) is for the purposes of reporting news, informa-

tion, criticism, or a review (including promoting that news, information, criticism, or review) in a newspaper or magazine, or by means of televi- sion, radio, film, the Internet, or other means of reporting; or

(iv) in the case of a word or emblem (provided that the word or emblem is not being used in combin- ation with other words or emblems with the in- tention of suggesting an association that breaches section 10), comprises the whole or part of— (A) the proper name of any town or road or

other place in New Zealand; or (B) the legal or trade name (not being used

for the purpose of defeating the intention of this subpart) of the person making the representation; or

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 2 s 12

(2) Nothing in subsection (1)(d)(iii) authorises a person to make a representation in a way likely to suggest to a reasonable person that there is an association between news, information, criti- cism, or a review about a major event and— (a) goods or services; or (b) a brand of goods or services; or (c) a person who provides goods or services.

Examples The Football World Cup finals are to be held in New Zealand in 2007. The Football World Cup finals are declared to be a major event under section 7. All combinations of the words “Football”, “World”, and “Cup” are declared to be major event words under section 8. Example 1 TheWorld’s Best Cup Makers Limited is a New Zealand business that was established in 1982. For many years it has advertised itself with a slogan that states “Maker of cups and trophies for all sporting events, from football to synchronised swimming!” and a logo that shows a football player kicking a football. The World’s Best Cup Makers Limited continues to operate and promote itself in this way during the period when the Football World Cup finals are held in New Zealand. The World’s Best Cup Makers Limited does not have the written authorisation of the major event organiser for the use of its com- pany name, its advertising, its slogan, or its logo. This is not a breach of section 10 because of the exception in section 12(1)(d)(ii). Example 2 Daily Newspaper A produces a 20-page Football World Cup sup- plement. It contains a schedule of the games to be played during the Football World Cup finals, an explanation of the rules of foot- ball, and details about each of the teams and the players and coaches in each of those teams. The supplement also contains a lot of advertising, none of which breaches section 10. However, Company B has paid Daily Newspaper A for the right to state on the cover of the supplement “Coverage of the Football World Cup finals is brought to you by Company B”. Neither Daily Newspaper A nor Company B has the written au- thorisation of the major event organiser for Company B’s state- ment on the cover of the supplement. The content of the supplement and the advertising within it does not breach section 10 because of the exception in

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Examples—continued

section 12(1)(d)(iii). However, both Daily Newspaper A and Company B are in breach of section 10 because of Company B’s statement on the cover of the supplement. Compare: 1981 No 47 s 20A(3); 2002 No 49 s 95; London Olympic Games and Paralympic Games Act 2006 Schedule 4 cl 1(2)(b) (UK)

13 Offences and penalty for breach of section 10 (1) Every person commits an offence who knowingly breaches

section 10. (2) Every person commits an offence who, knowing that a repre-

sentation that breaches section 10 has been made in relation to or applied to goods,— (a) imports those goods into New Zealand for the purpose

of trade or manufacture; or (b) sells those goods, or exposes those goods for sale; or (c) possesses those goods for the purpose of trade or manu-

facture. (3) Every person who commits an offence against subsection (1)

or (2) is liable on summary conviction to a fine not exceeding $150,000. Compare: 2002 No 49 ss 124, 125

14 Defences to breach of section 10 (1) It is a defence to an action or a prosecution for a breach of sec-

tion 10, in relation to a representation that is an advertisement, if the defendant proves— (a) that the defendant’s business includes publishing or ar-

ranging for the publication of advertisements; and (b) that the defendant received the representation in the or-

dinary course of that business and did not know, and had no reason to believe, that publishing it would constitute a breach of section 10.

(2) This section overrides the presumption in section 11. Compare: 1981No 47 s 20AA; LondonOlympicGames and ParalympicGames Act 2006 s 21(2) (UK)

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 2 s 16

15 Registering authority must not register in certain cases (1) Despite anything about registration in any other Act, a regis-

tering authority must not register— (a) an incorporated or unincorporated body under a name

if the use by that body of that name, or of any word in that name, would breach section 10:

(b) an emblem on the application of any person if the use of that emblem by that person would breach section 10.

(2) The prohibition in subsection (1) applies only during the major event’s protection period, but also applies to any application for registration that— (a) was filed or lodged before the start of the protection

period; but (b) is not registered at the start of the protection period. Compare: 1981 No 47 s 21

Subpart 3—Ambush marketing by intrusion protections

16 Declaration of clean zones, clean transport routes, and clean periods

(1) By notice in theGazette, the Economic Development Minister may declare, in relation to a major event, either or both of the following: (a) clean zones, and the clean periods that relate to those

clean zones: (b) clean transport routes, and the clean periods that relate

to those clean transport routes. (2) Before issuing a notice, the Economic Development Minister

must take into account the extent to which, in relation to the major event, clean zones or clean transport routes, and clean periods, are required in order to— (a) obtain maximum benefits for New Zealanders: (b) prevent unauthorised commercial exploitation at the ex-

pense of either a major event organiser or a major event sponsor.

(3) A notice under subsection (1) may declare an area as a clean zone for a clean period only to the extent that— (a) the area consists of—

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(i) the venue of a major event activity; and (ii) areas that are directly proximate to the area in

subparagraph (i) (for example, the adjacent foot- path, road, or other thoroughfare); and

(iii) areas that are otherwise necessary to enable the major event activity to occur; and

(b) the area does not consist of excluded land or buildings; and

(c) a major event activity is performed in the area during that clean period, although the clean period may include times before and after the major event activity that are reasonable in the circumstances.

(4) A notice under subsection (1) may declare an area as a clean transport route for a clean period only to the extent that the area— (a) extends no more than 5 kilometres from the closest

point of the boundary of a clean zone; and (b) consists of, or is directly proximate to, either—

(i) a motorway or State highway (as those terms are defined in section 2(1) of the Government Road- ing Powers Act 1989); or

(ii) a railway line (as that term is defined in section 2(1) of the New Zealand Railways Corporation Act 1981); and

travel to or from a clean zone (the relevant clean zone) during that clean period, although the clean period may include times before and after the clean period for the relevant clean zone that are reasonable in the circum- stances.

(5) In this section, excluded land or buildingsmeans private land and private buildings, whether or not surrounded by other land that is declared to be part of a clean zone or a clean transport route; but does not include— (a) billboards; or (b) the venue of a major event activity; or (c) land the public ordinarily has access to (for example, a

railway station or a venue’s car park).

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 2 s 16

Examples The Football World Cup finals are to be held in New Zealand in 2007. The Football World Cup finals are declared to be a major event under section 7. Example 1: Clean zone and clean period The final game of the Football World Cup is to be held at the rugby stadium located in Phillipstown in Christchurch between 3 pm and 7 pm on Saturday, 9 June 2007. The Police and the Christchurch City Council have decided, in the particular circumstances of this major event activity, that in order to host safely the final game of the Football World Cup, it is necessary to close Stevens Street, Talfourd Place, and Lismore Street to vehicles from 12.01 am to 11.59 pm on Saturday, 9 June 2007. Falsgrove Street (between Lismore Street and Stevens Street) will also be closed for parts of that day. After taking into account the matters set out in section 16(2) and looking at the requirements of the particular event, the Economic Development Minister decides to declare a clean zone and a clean period for the final game of the Football World Cup in ac- cordance with section 16(1). The Minister declares the clean zone to be the area bordered by, and including, the footpaths on the north side of Stevens Street, the west side of Wilsons Road North (between Stevens Street and Lismore Street), the south side of Lismore Street (between Wilsons Road North and Falsgrove Street), and the west side of Falsgrove Street (between Lismore Street and Stevens Street). The stadium and its surrounds, including the stadium car park, (all of which are within the area described above) are included in the clean zone. However, none of the private land or private buildings within the area described above is included in the clean zone. The Minister declares the clean period for this clean zone to start at 12.01 am on Saturday, 9 June 2007 and finish at 11.59 pm on Saturday, 9 June 2007. Example 2: Clean transport routes and clean periods In accordance with section 16(1), the Economic Development Minister also decides to declare 2 clean transport routes and a clean period for the final game of the Football World Cup. State Highway 73 and the Christchurch Southern Motorway 73 are declared to be a clean transport route from the point on the Christchurch Southern Motorway that is 5 km in a straight line (in a south-westerly direction) from the corner of Falsgrove and Lismore Street, to the point on State Highway 73 that is 5 km in

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Examples—continued

a straight line (in a south-easterly direction) from the corner of Lismore Street and Wilsons Road North. All of State Highway 74A is within 5 km of the clean zone and therefore all of this highway is also declared to be a clean trans- port route. Both clean transport routes are declared to include the areas di- rectly proximate to the highways and motorway that do not con- sist of private land or private buildings. It appears that very few people will be using the railway lines to the north of State Highway 73 to travel to or from the clean zone. Therefore, the Minister decides not to declare this railway line to be a clean transport route. The clean period for the clean transport routes is declared to start at 8 am on Saturday, 9 June 2007 and finish at 11 pm on Saturday, 9 June 2007.

Section 16(4)(b)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

17 No street trading in clean zone without authorisation (1) No person may engage in street trading in a clean zone during

a clean period without the written authorisation of the major event organiser.

(2) No personwho is outside a clean zonemay, without the written authorisation of the major event organiser, engage in street trading with a person who is in a clean zone during a clean period.

(3) In this section, street tradingmeans selling, hawking, or giv- ing away goods or services, but excludes operating an existing business out of existing permanent premises of that business.

Examples These examples refer to the clean zone and the clean period set out in the examples in section 16. Example 1 Richard is a hot dog vendor. Richard sets up his hot dog cart and starts selling hot dogs on the footpath of Stevens Street on Saturday, 9 June 2007. Richard does not have the written authorisation of themajor event organiser for Richard’s street trading in the clean zone during the clean period.

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 2 s 18

Examples—continued

Richard is in breach of section 17(1). Example 2 Richard shifts his hot dog cart and sets it up on private property that is not part of the clean zone. Richard starts selling hot dogs over the fence of the property to people standing in the clean zone. It is still Saturday, 9 June 2007. Richard does not have the written authorisation of themajor event organiser for Richard’s street trading with a person in the clean zone during the clean period. Richard is in breach of section 17(2). Example 3 Richard shifts his hot dog cart to the footpath of Moorhouse Av- enue, about 100 m outside the clean zone, and starts selling hot dogs. It is still Saturday, 9 June 2007. Richard does not have the written authorisation of themajor event organiser for his street trading. This is not a breach of section 17.

18 No advertising in clean zone without authorisation No person may advertise in a clean zone during a clean period without the written authorisation of the major event organiser.

Examples These examples refer to the clean zone and the clean period set out in the examples in section 16. Example 1 Two weeks before the final game of the Football World Cup is held, Company A pays Company B for the right to place an ad- vertisement advertising Company A’s products on a billboard in Talfourd Place. The billboard is owned by Company B and is lo- cated within the area that will be a clean zone for the clean period. Company A has not advertised in this position before. Neither Company A nor Company B has the written authorisation of the major event organiser for this advertising. Both Company A and Company B are in breach of section 18 during the clean period. Example 2 Company A pays Company B to undertake an advertising cam- paign on its behalf. Accordingly, Company B hires people to stand on Lancaster Street, just outside the clean zone, and give away T-shirts to people as they enter the clean zone in order to

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Examples—continued

watch the final game of the Football World Cup. The T-shirts are in Company A’s corporate colours and are identifiable as relat- ing to Company A and its products. Many of the people who are given these T-shirts put them on and wear them in the clean zone. None of Company A, Company B, or the people giving away the T-shirts has the written authorisation of the major event organiser for this advertising. Both Company A and Company B are in breach of section 18. The people giving away the T-shirts are not in breach of sec- tion 18.

19 No advertising that is clearly visible from clean zone (1) No person may advertise in a manner that is clearly visible

from anywhere within a clean zone during a clean period with- out the written authorisation of the major event organiser.

(2) Subsection (1) includes advertising on or by means of an air- craft, but does not include normal markings and livery on an aircraft.

(3) In this section, clearly visible means visible to an extent that a reasonable person would consider the content, subject, mes- sage, or purpose of the advertisement to be able to be deter- mined without the use of visual apparatus other than contact lenses or glasses.

Examples These examples refer to the clean zone and the clean period, as well as the clean transport routes and the associated clean periods, set out in the examples in section 16.

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 2 s 20

Examples—continued

Example 1 Two weeks before the final game of the Football World Cup is held, Company A pays Company B to undertake an advertising campaign on its behalf. Accordingly, Company B arranges with Company C for the right to place a large advertisement advertis- ing Company A’s services on a billboard on top of a tall building located outside the clean zone. The billboard is owned by Com- pany C, and Company C is paid for Company A’s advertising be- ing placed on the billboard. Company A has never advertised in this manner before. The advertising on the billboard is clearly visible from within the clean zone. None of Company A, Company B, or Company C has the written authorisation of the major event organiser for this advertising. Company A, Company B, and Company C are all in breach of section 19 during the clean period. Example 2 Company X produces goods that directly compete with goods produced by Company Y. Company Y is an official sponsor of the Football World Cup finals. Company X is not a sponsor of, and has no association with, the Football World Cup finals. Two weeks before the final game of the Football World Cup is held, Company X places an advertisement advertising its prod- ucts on a billboard on Lancaster Street, about 50 m outside the clean zone. The billboard faces away from the clean zone so that, although the back of the billboard is clearly visible from within the clean zone, the advertising on the billboard cannot be seen from within the clean zone. The billboard is not in a clean transport route. Company X does not have the written authorisation of the major event organiser for this advertising. This is not a breach of section 19.

20 No advertising in clean transport route without authorisation No person may advertise in a clean transport route during a clean period without the written authorisation of the major event organiser.

Part 2 s 21 Major Events Management Act 2007 Reprinted as at

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Examples These examples refer to the clean transport routes and the as- sociated clean periods, as well as the clean zone and the clean period, set out in the examples in section 16. Example 1 Two weeks before the final game of the Football World Cup is held, Company A pays Company B for the right to place adver- tisements advertising Company A’s products on a number of bill- boards on the grass verge alongside State Highway 73. The bill- boards are all owned by Company B and are all located within the area that will be a clean transport route during the associated clean period. Company A has not advertised in this position be- fore. Neither Company A nor Company B has the written authorisation of the major event organiser for this advertising. Both Company A and Company B are in breach of section 20 during the clean period. Example 2 Lots of advertising is clearly visible from a clean transport route during the associated clean period. However, none of this ad- vertising is located within the clean transport route. It is also not located in a clean zone and is not clearly visible from within a clean zone. None of the advertising has the written authorisation of the major event organiser. This is not a breach of section 20.

21 Persons who advertise In sections 18 to 20, a person advertises if that person— (a) pays for, commissions, or authorises the advertisement;

or (b) receives consideration for the placement or the location

of the advertisement.

22 Exceptions to sections 18 to 20 Sections 18 to 20 do not apply to advertising—

(a) if, in accordance with honest practices in indus- trial or commercial matters, the advertising is done by an existing organisation continuing to carry out its ordinary activities; or

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 2 s 22

(b) on articles of clothing (including shoes) or other personal items being worn, carried, or used by— (i) a member of the public, unless that item

is being worn, carried, or used in co-or- dination with other persons with the inten- tion that the advertising intrude on a major event activity or the attention of the asso- ciated audience; or

(ii) a person who is a participant in, or who is officiating at, a major event activity; or

(iii) a volunteer engaged in the management or conduct of a major event activity; or

(c) in a newspaper or magazine, or on a television, radio, or electronic device, being used for per- sonal use, unless it is being used with the inten- tion that the advertising intrude on a major event activity or the attention of the associated audi- ence; or

(d) on a train, boat, or vehicle, provided that that train, boat, or vehicle is being used to carry out its ordinary activities in its usual manner; or

(e) on an aircraft that is used for an emergency that involves a danger to life or property necessitating the urgent transportation of persons or medical or other supplies for the protection of life or prop- erty.

Examples These examples refer to the clean zone and the clean period, as well as the clean transport routes and the associated clean periods, set out in the examples in section 16. Example 1 Existing Business A carries on its business from a private building situated on private land on Stevens Street. Although the land is located within the overall parameters of the clean zone, because it is private land it has not been declared to be part of the clean zone. Existing Business A has a large billboard on the roof of its building advertising Existing Business A’s services. This billboard has been there for many years. The advertising on the billboard is clearly visible from within the clean zone.

Part 2 s 23 Major Events Management Act 2007 Reprinted as at

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Examples—continued

Existing Business A does not have the written authorisation of the major event organiser for this advertising. This is not a breach of section 19 because of the exception in section 22(a). Example 2 Two years before the final game of the Football World Cup is held, Company A pays Company B for the right to place adver- tisements advertising Company A’s services on a number of bill- boards on the grass verge alongside State Highway 73. The bill- boards are all owned by Company B and are all located within the area that will be a clean transport route during the associ- ated clean period. These billboards are maintained in this area throughout the 24months leading up to the final game of the Foot- ball World Cup, throughout the clean period, and for a period after the final game. Neither Company A nor Company B has the written authorisation of the major event organiser for this advertising. This is not a breach of section 20 because of the exception in section 22(a). Example 3 Amy attends the final game of the Football World Cup. She wears her favourite T-shirt and hat, which have advertising brands clearly visible upon them. She is also carrying a news- paper that has many advertisements within it. In order to get to the game, Amy catches a bus that travels along a clean transport route. Amy does not have the written authorisation of the major event organiser for this advertising. This is not a breach of section 18, 19, or 20 because of the ex- ceptions in section 22(b)(i) and (c). Compare: 1981No 47 s 20A(3); 1990No 98 s 13A(3); 2002No 49 s 95; London Olympic Games and Paralympic Games Act 2006 Schedule 4 cl 1(2)(b) (UK)

23 Offences and penalties for breach of any of sections 17 to 20

(1) Every person commits an offence who knowingly breaches any of sections 17 to 20.

(2) Every person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $150,000.

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 2 s 27

24 Defences to breaches of sections 18 to 20 It is a defence to an action or a prosecution for a breach of any of sections 18 to 20, in relation to an advertisement, if the defendant proves— (a) that the defendant’s business includes publishing or ar-

ranging for the publication of advertisements; and (b) that the defendant received the advertisement in the or-

dinary course of that business and did not know, and had no reason to believe, that publishing it would constitute a breach of any of sections 18 to 20.

Compare: 1981No 47 s 20AA; LondonOlympicGames and ParalympicGames Act 2006 s 21(2) (UK)

Subpart 4—Ticket-scalping protections 25 Ticket-scalping protections (1) No person may, without the authorisation of the major event

organiser, sell or trade a ticket to a major event activity for a value greater than the original sale price of that ticket.

(2) In subsection (1),— original sale price includes charges necessary to effect the sale or trade of a ticket including, for example, a booking fee or postage or courier charges sell or trade includes any transaction, regardless of its form, in which a substantial purpose of the transaction is the sale or trade of a ticket to a major event activity for a value greater than the original sale price of that ticket.

26 Offence and penalty for breach of section 25 (1) Every person commits an offence who knowingly sells or

trades a ticket to a major event activity in breach of section 25. (2) A person who commits an offence against this section is liable

on summary conviction to a fine not exceeding $5,000. Compare: 1981 No 47 s 24

Subpart 5—Pitch invasion 27 Offence to invade pitch at major sporting event (1) Every person commits an offence who, without authority, does

either or both of the following:

Part 3 s 28 Major Events Management Act 2007 Reprinted as at

1 July 2012

(a) goes onto the playing surface at a major sporting event; or

(b) propels any object onto the playing surface at a major sporting event.

(2) In this section,— major sporting eventmeans anymajor event that is a sporting event playing surface means the area on which a major sporting event is played and any adjacent area required for the major sporting event to be played propelsmeans intentionally setting an object in motion in any manner, including, for example, throwing, kicking, dropping, or rolling.

(3) A person who commits an offence against this section is li- able on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000.

Part 3 Permanently protected emblems and

words 28 Unauthorised use of emblems and words relating to

Olympic Games and Commonwealth Games Every person commits an offence who, without the written au- thorisation of the New Zealand Olympic Committee Incorpor- ated,— (a) causes an incorporated or unincorporated body to be

formed under any name, title, style, or designation that— (i) includes any word in Parts 2 and 3 of the Sched-

ule; or (ii) so closely resembles any word in Parts 2 and 3 of

the Schedule as to be likely to deceive or confuse any person; or

(b) in a business, trade, or occupation carries on activities under any word, name, title, style, or designation that— (i) includes any emblem or word in Parts 1 to 3 of

the Schedule; or

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 3 s 30

(ii) so closely resembles any emblem or word in Parts 1 to 3 of the Schedule as to be likely to deceive or confuse any person; or

(c) in any business, trade, or occupation displays, exhibits, or otherwise uses any word, name, title, style, or desig- nation that— (i) includes any emblem or word in Parts 1 to 3 of

the Schedule; or (ii) so closely resembles any emblem or word in

Parts 1 to 3 of the Schedule as to be likely to deceive or confuse any person.

Compare: 1981 No 47 s 20A

29 Authorisation by New Zealand Olympic Committee Incorporated

(1) The New Zealand Olympic Committee Incorporated must make a decision on an application for its written authorisation for a person to take an action described in section 28 within 10 working days after receipt of the information it considers necessary to make that decision, and if it fails to do so the Committee is to be treated as having given the written author- isation sought in the application.

(2) A decision of the New Zealand Olympic Committee Incorp- orated under subsection (1) is an exercise of a statutory power of decision for the purposes of the Judicature Amendment Act 1972. Compare: 1981 No 47 s 20A

30 Exceptions to section 28 Section 28 does not apply to the display, exhibition, or use of any emblem or word if— (a) the display, exhibition, or use is expressly authorised by

or under any Act or by the Governor-General by Order in Council; or

(b) immediately before 18 December 1998, either— (i) that display, exhibition, or use was expressly au-

thorised by any consent, permission, approval, or authority given by a person lawfully entitled to give it; or

Part 3 s 31 Major Events Management Act 2007 Reprinted as at

1 July 2012

(ii) the emblem or word was registered under any statutory authority; or

(c) the emblem or word is part of the description of any sporting or recreational facilities operated by a local au- thority or community organisation; or

(d) the display, exhibition, or use is for the purposes of, or associated with, the reporting of news or criticism or a review in a newspaper or magazine, or by means of television, radio, film, the Internet, or by other means of reporting by a person who ordinarily engages in the business of such reporting; or

(e) the display, exhibition, or use is for the purposes of, or associated with, a radio or television programme, an Internet website, or a film, book, or article for publica- tion in a newspaper or magazine, relating to a person who was a member or official of the New Zealand team that competed at an Olympic Games or Commonwealth Games; or

(f) in the case of a word, the word comprises the whole or part of the proper name of any town or road or other place in New Zealand; or

(g) in the case of a word, the word is the surname or initials (not being used for the purpose of defeating the inten- tion of this section) of a foundation member of the body or of the person engaging in the business, trade, or oc- cupation.

Compare: 1981 No 47 s 20A

31 Penalty for offence against section 28 Every person who commits an offence against section 28 is li- able on summary conviction to a fine not exceeding $150,000. Compare: 1981 No 47 s 24

32 Defence to offence against section 28 It is a defence to a prosecution for an offence against sec- tion 28, in relation to a breach of section 28 committed by the publication of an advertisement, if the defendant proves— (a) that the defendant’s business includes publishing or ar-

ranging for the publication of advertisements; and

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 3 s 33

(b) that the defendant received the advertisement, or the emblem or word contained in the advertisement, in the ordinary course of that business and did not know, and had no reason to believe, that the publication of the ad- vertisement or the publication of the advertisement con- taining that emblem or word would constitute a breach of section 28.

Compare: 1981 No 47 s 20AA(1)

33 Injunction for breach of section 28 (1) The New Zealand Olympic Committee Incorporated may

apply to the court or a District Court for an injunction under this section.

(2) On an application under subsection (1), if the court is satis- fied that a person has committed an offence against section 28, whether or not it appears to the court that the person intends to engage again, or to continue to engage, in that conduct, the court may— (a) grant an injunction restraining the person from engag-

ing in conduct that appears to the court to constitute that offence; or

(b) if it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct that appears to the court to constitute that offence.

(3) On an application under subsection (1), if it appears to the court that a person (person A) is likely to commit an offence against section 28, whether or not person A has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any other person if person A engages in conduct of that kind, the court may— (a) grant an injunction restraining person A from engaging

in conduct that appears to the court to constitute that offence; or

(b) if it is desirable to do so, grant an interim injunction restraining person A from engaging in conduct that ap- pears to the court to constitute that offence.

(4) The court may at any time rescind or vary an injunction granted under this section. Compare: 1981 No 47 s 20B

Part 3 s 34 Major Events Management Act 2007 Reprinted as at

1 July 2012

34 Registering authority must not register in certain cases (1) Despite anything about registration in any other Act, a regis-

tering authority must not register— (a) an incorporated or unincorporated body under a name

if the use by that body of that name, or of any word in that name, would be an offence against section 28:

(b) an emblem on the application of any person if the use of that emblem by that person would be an offence against section 28.

(2) However, a registering authoritymay authorise the registration of an incorporated or unincorporated body under a name to which subsection (1)(a) applies if the Registrar is satisfied that in the context in which it is intended to be used— (a) it is not likely to deceive any person; and (b) that name, or any word in that name,—

(i) comprises the whole or part of the proper name of any town or road or other place in New Zealand which is to be used in full by the incorporated or unincorporated body; or

(ii) is the surname (not being a surname taken or used for the purpose of defeating the intention of this subsection) of a foundation member of the in- corporated or unincorporated body.

Compare: 1981 No 47 ss 20(5), 21

Part 4 Enforcement

Subpart 1—Matters of general application 35 Act does not affect other rights

Nothing in this Act affects any principle of law or any other remedy in any other Act, including— (a) the law relating to passing off; or (b) rights under the Fair Trading Act 1986; or (c) rights under the Geographical Indications (Wines and

Spirits) Registration Act 2006; or (d) rights under the Trade Marks Act 2002; or (e) rights under the Copyright Act 1994. Compare: 2002 No 49 s 88

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 4 s 37

36 Interrelationship of civil and criminal remedies under this Act Any right of action or other remedy available under this Act (whether civil or criminal) may be taken, proceeded with, or heard in conjunction with any other action or remedy available under this Act.

Subpart 2—Border protection measures 37 Application of Trade Marks Act 2002 to major event

emblems and major event words (1) Subpart 3 of Part 4 of the Trade Marks Act 2002 applies to

major event emblems and major event words in the manner set out in this section and, as far as practicable, must be interpreted consistently with this section.

(2) In particular,— (a) an Order in Council under section 8 must be treated as

a notice that has been accepted under section 139 of the Trade Marks Act 2002; and

(b) claimantmeans the relevant major event organiser; and (c) the period for which the notice is to be in force is the

relevant protection period; and (d) infringing sign means major event emblems or major

event words that are used to make a representation in a way likely to suggest to a reasonable person that there is an association between a major event and— (i) goods or services; or (ii) a person who provides goods or services; and

(e) except as specified in paragraph (a), sections 137 to 141 of the Trade Marks Act 2002 do not apply.

(3) In applying subpart 3 of Part 4 of the Trade Marks Act 2002 in the manner set out in this section,— (a) that subpart and this section do not apply in relation to

any infringing sign that has been applied to goods in an overseas country by, or with the written authorisation of, the major event organiser; and

(b) the chief executive or a customs officer may release any goods that are in the control of the Customs or that have been detained in the custody of the chief executive or

Part 4 s 38 Major Events Management Act 2007 Reprinted as at

1 July 2012

a customs officer if a reasonable person would not be- lieve there is an association between those goods and the major event.

(4) Any term or expression that is defined in section 135 of the TradeMarks Act 2002 and used, but not defined, in this section has the same meaning as in that section.

Subpart 3—Enforcement officers 38 Chief executive may appoint enforcement officers

The chief executive of theMinistry of Economic Development may appoint enforcement officers, on a permanent or tempor- ary basis, to perform the functions set out in section 40 and exercise the powers conferred by this Act. Compare: 2003 No 51 s 330

39 Authority to act as enforcement officer (1) The chief executive of theMinistry of Economic Development

must issue a warrant of appointment to every person appointed as an enforcement officer.

(2) A warrant of appointment must— (a) be in the prescribed form; and (b) bear the photograph and signature of the holder; and (c) contain any other particulars that may be prescribed.

(3) A warrant of appointment is, in the absence of evidence to the contrary, sufficient proof that the holder of the warrant may exercise the powers conferred on an enforcement officer under this subpart.

(4) A person who ceases to be an enforcement officer must return the person’s warrant of appointment.

(5) A person who fails to comply with subsection (4) commits an offence and is liable on summary conviction to a fine not exceeding $1,000. Compare: 2003 No 51 s 331

40 Functions of enforcement officer An enforcement officer must, to the extent reasonably prac- ticable, ensure compliance with this Act by carrying out the following functions:

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 4 s 42

(a) identifying breaches or potential breaches of sec- tions 10, 17 to 20, and 25 and offences under sections 13, 23, and 26:

(b) issuing formal warnings in accordance with section 46: (c) inspecting and monitoring clean zones: (d) seizing or covering things in clean zones in accordance

with sections 42 to 45: (e) obtaining search warrants, executing search warrants,

seizing things, and covering things in accordance with section 42(6) and subpart 6 of this Part:

(f) reporting to the chief executive of the Ministry of Eco- nomic Development on any matters relating to the en- forcement officer’s functions.

Compare: 2003 No 51 s 332

41 Enforcement officer’s entry to premises restricted An enforcement officer may not enter any place except in the following circumstances: (a) when the place is part of a clean zone; or (b) when the place is outside a clean zone and it is a place

that the enforcement officer may lawfully enter without a search warrant; or

Compare: 2003 No 12 s 127

42 Power of enforcement officer to seize or cover things (1) An enforcement officer may seize or cover any thing if the of-

ficer has reasonable grounds to believe it breaches, or is being used to breach, any of sections 10, 17 to 20, and 25 and that thing is either— (a) within a clean zone; or (b) outside a clean zone and it is in a place that the enforce-

ment officer may lawfully be without a search warrant. (2) An enforcement officer may exercise the power set out in sub-

section (1) only after he or she has, as applicable,— (a) given the person from whom the thing is proposed to

be seized the opportunity to surrender the thing to the officer; or

Part 4 s 43 Major Events Management Act 2007 Reprinted as at

1 July 2012

(b) given the person in possession of the thing the oppor- tunity to cover the thing.

(3) When exercising the power set out in subsection (1), an en- forcement officer may use such force as is reasonable in the circumstances.

(4) To avoid doubt, subsection (1) does not authorise an enforce- ment officer to— (a) search any person; or (b) enter any place, except in accordance with section 41.

(5) An enforcement officer who exercises powers under this sec- tion must— (a) show his or her warrant of appointment to any person

present who may be interested in, or affected by, the exercise of those powers; and

(b) take all steps that are practicable in the circumstances to ensure that as little damage as possible is caused.

(6) The powers to seize or cover things in this section are in add- ition to the powers of enforcement officers under subpart 6 to— (a) enter and search any place, vehicle, or thing, whether

that place, vehicle, or thing is part of, or within, a clean zone, or outside a clean zone; and

(b) seize or cover any specified thing. Compare: 2003 No 51 s 335

43 Notice of thing seized or covered under section 42 (1) If any thing is seized or covered under section 42, an enforce-

ment officer must give or leave a written notice stating— (a) the date and time when the thing was seized or covered;

and (b) the name of the person who seized or covered the thing;

and (c) for seized things, particulars of the thing and details of

when and where it can be collected; and (d) for covered things, details of when it can be uncovered;

and (e) if relevant, the date and time at which the applicable

clean period ends.

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 4 s 46

(2) The notice must be given or left when the thing is seized or covered.

(3) The notice must be— (a) given to the person from whom the thing was seized

under section 42; or (b) given to the person who surrendered the thing to the

enforcement officer in accordance with section 42; or (c) left in a prominent place where the thing was seized or

covered. Compare: 2003 No 51 s 337

44 Uncovering of things covered under section 42 (1) Any thing covered under section 42 for a breach of any of sec-

tions 17 to 20 must remain covered until the applicable clean period has ended.

(2) In relation to any thing covered under section 42 for a breach of section 10, sections 77 and 78 apply (with all necessary modi- fications) as if that thing had been covered under a warrant issued under section 67.

45 Return of things seized under section 42 (1) Any thing seized under section 42 for a breach of any of sec-

tions 17 to 20 must either be returned to, or be made available for collection by, the person from whom it was seized as soon as practicable after the applicable clean period has ended.

(2) In relation to any thing seized under section 42 for a breach of section 10 or 25, sections 76 and 78 apply (with all necessary modifications) as if that thing had been seized under a warrant issued under section 67. Compare: 2003 No 51 s 337

46 Enforcement officers may issue formal warnings (1) An enforcement officer may issue 1 or more formal warnings

to a person if the enforcement officer has reasonable grounds to believe that that person has breached section 10, 17, 18, 19, 20, or 25.

(2) A formal warning must— (a) state—

Part 4 s 47 Major Events Management Act 2007 Reprinted as at

1 July 2012

(i) that the enforcement officer believes that the per- son to whom the warning is issued is in breach of section 10, 17, 18, 19, 20, or 25; and

(ii) the grounds for that belief; and (iii) the consequences that that person may face for a

breach of section 10, 17, 18, 19, 20, or 25 if that person does not take steps to remedy the breach; and

(b) be in the prescribed form; and (c) be issued in the manner specified in regulations made

under section 82. Compare: 2003 No 51 s 338

47 No liability if powers are exercised in good faith (1) This section applies to—

(a) enforcement officers: (b) persons who assist enforcement officers in accordance

with section 68(3): (c) Police officers who perform any of the functions of an

enforcement officer under section 48. (2) No action may be taken against a person to whom this section

applies in relation to the exercise of his or her powers under this Act if he or she exercised those powers— (a) in good faith; and (b) in a reasonable manner; and (c) in the reasonably held belief that the prerequisites for

the exercise of the power had been satisfied.

48 Functions and powers of Police Every member of the Police— (a) may perform any of the functions of an enforcement

officer; and (b) has all, and may exercise any, of the powers of an en-

forcement officer. Compare: 2003 No 51 s 339

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 4 s 50

Subpart 4—Civil proceedings General matters concerning civil proceedings

49 Who may apply for relief (1) A major event organiser may apply to the court for relief—

(a) to prevent a breach of any of sections 10, 17 to 20, and 25; or

(b) if there is or has been a breach of any of sections 10, 17 to 20, and 25.

(2) Amajor event sponsormay request themajor event organiser’s permission for the sponsor to take proceedings for relief— (a) to prevent a breach of any of sections 10, 17 to 20, and

25; or (b) if there is or has been a breach of any of sections 10, 17

to 20, and 25. (3) If the major event organiser gives a major event sponsor per-

mission for the sponsor to take proceedings,— (a) the sponsor may commence proceedings in the spon-

sor’s own name as if the sponsor were the major event organiser, and every reference to major event organiser in this subpart is to be read as a reference to major event sponsor; and

(b) the major event organiser may join or be joined in the proceeding, but is not liable for any costs in the pro- ceedings unless that person takes part in the proceed- ings; and

Compare: 1994 No 143 ss 123(3), 124(2)

50 Time for bringing civil proceedings Amajor event organisermay bring civil proceedings under this subpart for a breach of any of sections 10, 17 to 20, and 25 at any time within 3 years after the date on which the breach was discovered or ought reasonably to have been discovered.

Part 4 s 51 Major Events Management Act 2007 Reprinted as at

1 July 2012

51 Unjustified civil proceedings (1) If a person brings civil proceedings alleging a breach of this

Act, the court may, on the application of any person against whom the proceedings are brought,— (a) make a declaration that the bringing of proceedings is

unjustified: (b) make an order for the payment of damages for any loss

suffered by the person against whom the proceedings are brought.

(2) The court must not grant relief under this section if the per- son who brings the proceedings proves that the acts in respect of which proceedings are brought constituted, or would have constituted if they had been done, a breach of this Act.

(3) Nothing in this section makes a barrister or solicitor of the High Court of New Zealand liable to any proceedings under this section in respect of any act done in his or her professional capacity on behalf of a client. Compare: 2002 No 49 s 105

Injunctions, damages, and account of profits 52 Court may grant injunction, damages, and account of

profits In any civil proceedings for a breach of any of sections 10, 17 to 20, and 25, the relief that the court may grant includes— (a) an injunction on any terms that the court thinks fit: (b) either damages or an account of profits. Compare: 2002 No 49 s 106

Order for erasure 53 Order for erasure (1) The court may make an order under subsection (2) if a major

event organiser applies for the order. (2) If the court is satisfied that a person has breached any of sec-

tions 10, 18, 19, and 20, the court may make an order for era- sure requiring that person— (a) to erase, remove, or obliterate the unauthorised repre-

sentation or advertisement from any goods, material, or object in the person’s possession, custody, or control; or

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 4 s 54

(b) to cover the unauthorised representation or advertise- ment on any goods, material, or object in the person’s possession, custody, or control; or

(c) if it is not reasonably practicable to erase, remove, cover, or obliterate the unauthorised representation or advertisement, to destroy the goods, material, or object; or

(d) to erase or remove the unauthorised representation or advertisement from any land, building, structure, or sur- face (including the surface of an aircraft, boat, train, or vehicle); or

(e) to cover the unauthorised representation or advertise- ment on any land, building, structure, or surface (in- cluding the surface of an aircraft, boat, train, or vehicle).

(3) If an order under subsection (2)(a), (b), or (c) is not complied with, or it appears to the court likely that the order would not be complied with, the court may order that the relevant goods, material, or object be delivered to any person whom the court may direct— (a) to erase, remove, or obliterate the unauthorised repre-

sentation or advertisement from the goods, material, or object; or

(b) to cover the unauthorised representation or advertise- ment on the goods, material, or object; or

(c) if it is not reasonably practicable to erase, remove, cover, or obliterate the unauthorised representation or advertisement, to destroy the goods, material, or object.

Compare: 2002 No 49 s 108

54 Rights of persons with interest in unauthorised representation or advertisement Every person who has an interest in the goods, material, ob- ject, land, building, structure, or surface, or the unauthorised representation or advertisement, to which an order under sec- tion 53 relates is entitled to— (a) appear in proceedings for an order under that section,

whether or not the person is served with notice; and (b) appeal against any order made, whether or not the per-

son appears in the proceedings.

Part 4 s 55 Major Events Management Act 2007 Reprinted as at

1 July 2012

Direction for corrective advertising 55 Order to disclose information or publish advertisement (1) The court may make an order under subsection (2) if a major

event organiser applies for the order. (2) If the court is satisfied that a person has breached section 10,

the court may order that person or any other person involved in the breach to do either or both of the following: (a) disclose information specified in the order about a civil

proceeding for a breach of section 10: (b) publish corrective statements.

(3) The information or corrective statements ordered by the court under subsection (2) are to be published or disclosed to the public, or to a particular member of or class of the public,— (a) at the person’s own expense; and (b) in the manner specified in the court order; and (c) at the times specified in the order; and (d) in the terms specified in the order or determined in ac-

cordance with the order. (4) The court may make an order under subsection (1) whether or

not the person has previously breached section 10. Compare: 1986 No 121 s 42

Orders for delivery up 56 Order for delivery up of goods, material, or object (1) The court may make an order under subsection (2) if a major

event organiser applies for the order. (2) The court may order any goods, material, or object on, by,

or through which a breach of section 10 is committed to be delivered up to the major event organiser or any other person that the court thinks fit.

(3) No order may be made under this section unless— (a) the court makes an order under section 57 at the same

time; or (b) it appears to the court that there are grounds for making

an order under that section. (4) A person to whom any goods, material, or object is delivered

up under an order made under this section must, if an order under section 57 has not been made, retain them pending—

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 4 s 59

(a) the making of an order under that section; or (b) the decision not to make an order under that section, in

which case section 63 applies. (5) Nothing in this section affects any other power of the court.

Compare: 2002 No 49 s 109

57 Order for forfeiture, destruction, or retention of goods, material, or object The court may order that the goods, material, or object subject to an order under section 56 must be— (a) forfeited to the major event organiser or any other per-

son that the court thinks fit; or (b) destroyed or otherwise dealt with as the court thinks fit;

or (c) retained by the major event organiser or any other per-

son that the court thinks fit until the end of the relevant protection period and then returned to the person who delivered them up.

Compare: 2002 No 49 s 110

58 Matters to be considered by court In considering what order, if any, should be made under sec- tion 57, the court must consider— (a) whether other remedies available for a breach of sec-

tion 10 would be adequate to compensate, or protect the interests of,— (i) the major event organiser: (ii) the major event sponsor (if any); and

(b) the need to ensure that nothing is disposed of in a man- ner that would adversely affect— (i) the major event organiser: (ii) the major event sponsor (if any).

Compare: 2002 No 49 s 111

59 Directions for service The court must issue directions for the service of notice on every person who is known to have an interest in the goods, material, or object to which an order under section 57 relates.

Part 4 s 60 Major Events Management Act 2007 Reprinted as at

1 July 2012

60 Rights of persons with interest in goods, material, or object Every person who has an interest in the goods, material, or ob- ject to which an order under section 56 or 57 relates is entitled to— (a) appear in proceedings for an order under that section,

whether or not the person is served with notice; and (b) appeal against any order made, whether or not the per-

son appears in the proceedings.

61 When order under section 57 takes effect An order made under section 57 takes effect either,— (a) if no notice of an appeal has been given, after 10 work-

ing days; or (b) if notice of an appeal has been given, on the final deter-

mination or abandonment of the proceedings on appeal.

62 Additional court order if more than 1 person interested in goods, material, or object If more than 1 person is interested in the goods, material, or object to which an order under section 57 relates, the court may— (a) direct that the goods, material, or object be sold, or

otherwise dealt with, and the proceeds divided; and (b) make any other order that it thinks fit.

63 Position where no order made under section 57 If the court decides that no order should be made under sec- tion 57, the person who had possesion, custody, or control of the goods, material, or object before they were or it was deliv- ered up is entitled to their or its return.

Subpart 5—Criminal offences 64 When criminal proceedings may be commenced

Despite section 14 of the Summary Proceedings Act 1957, an information for an offence against section 13, 23, 26, or 28

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 4 s 67

may be laid at any time within 3 years after the time when the matter of the information arose. Compare: 2002 No 49 s 117

65 Application of Sentencing Act 2002 If a person is convicted of an offence against section 13, 23, 26, 27, or 28 in circumstances where that offence involves the making of profit or gain,— (a) that offence is deemed to have caused a loss of property

for the purposes of section 32(1)(a) of the Sentencing Act 2002; and

(b) the provisions of that Act that relate to the imposition of the sentence of reparation apply accordingly.

Compare: 2002 No 49 s 118

66 Liability of officers of body corporate If a body corporate is convicted of an offence against any of sections 13, 23, 26, and 28, every director, officer, or other natural person concerned in the management of the body cor- porate is guilty of the offence if it is proved— (a) that the act that constituted the offence took place with

his or her authority, permission, or consent; and (b) that he or she—

(i) knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and

(ii) failed to take all reasonable steps to prevent or stop it.

Compare: 2002 No 49 s 119

Subpart 6—Search warrants 67 Issue of warrant (1) Any High Court Judge, District Court Judge, Community

Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place, vehicle, or thing if satisfied, on application in writing made on oath, that there are reasonable grounds for believing that there is at that place, vehicle, or thing, any thing—

Part 4 s 68 Major Events Management Act 2007 Reprinted as at

1 July 2012

(a) in respect of which an offence under this Act has been or is being committed; or

(b) that has been, is being, or is intended to be used by any person for the commission of an offence under this Act; or

(2) The Judge, Community Magistrate, Justice, or Registrar may impose any reasonable conditions on the exercise of the war- rant that he or she thinks fit. Compare: 2003 No 12 s 130

68 Powers conferred by warrant (1) A warrant authorises the person named in it—

(a) to enter and search the place, vehicle, or thing specified in the warrant on 1 occasion within 14 days of the date of issue of the warrant at a time that is reasonable in the circumstances:

(b) to use any assistance that is reasonable in the circum- stances:

(c) to use any force for gaining entry and for breaking open any article or thing that is reasonable in the circum- stances:

(d) to search for and seize any thing that the warrant author- ises the person who is executing the warrant to search for and seize:

(e) to search for and cover any thing that thewarrant author- ises the person who is executing the warrant to search for and cover:

(f) if necessary, to take copies of documents, or extracts from documents, that the warrant authorises the person who is executing the warrant to copy:

(g) if necessary, to require a person to reproduce, or assist any person executing the warrant to reproduce in usable form, information recorded or stored in a document.

(2) The power in subsection (1) to enter and search a place, ve- hicle, or thing must not be exercised by an enforcement officer unless, when exercising the power, the enforcement officer is accompanied by a member of the Police.

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 4 s 70

(3) A person assisting the person executing the warrant also has the powers referred to in subsection (1)(c) to (f).

(4) The warrant must be executed in accordance with any reason- able conditions that may be specified in the warrant when it is issued. Compare: 2002 No 84 s 172(3); 2003 No 12 s 131

69 Form and content of search warrant A search warrant must— (a) be in the prescribed form; and (b) be directed to—

(i) a member of the Police by name; or (ii) any member of the Police; or (iii) an enforcement officer; and

in accordance with the warrant; and (ii) the offence for which the warrant is issued; and (iii) a description of the kind of thing that is author-

ised to be searched for and seized; and (iv) a description of the kind of thing that is author-

ised to be searched for and covered; and (v) the period during which the warrant may be exe-

cuted; and (vi) any conditions specified under section 67(2).

Compare: 2003 No 12 s 132

70 Warrant must be produced A person executing a warrant must— (a) have the warrant with him or her; and (b) produce it on initial entry and, if requested, at any sub-

sequent time; and (c) identify himself or herself and any person assisting or

accompanying him or her to the owner or occupier or person in charge of the place if that person is present; and

(d) produce evidence of his or her identity and the identity of any person assisting or accompanying him or her.

Compare: 2002 No 84 s 166(1); 2003 No 12 s 133

Part 4 s 71 Major Events Management Act 2007 Reprinted as at

1 July 2012

71 Other duties of person who executes warrant A person who executes a warrant must, when the search is completed, leave in a prominent position at the place searched or give to the owner or occupier, a written notice stating— (a) the date and time when the place, vehicle, or thing was

searched; and (b) the name of the person who executed the warrant and

any person who assisted or accompanied him or her; and

(c) for any seized thing, a list of its particulars and that it may be returned in accordance with sections 76 and 78; and

(d) for any covered thing, a list of its particulars and that it may be uncovered in accordance with sections 77 and 78.

Compare: 2002 No 84 s 166(1); 2003 No 12 s 134

72 When alternative to list of seized things may be provided If it is not practicable to prepare a list under section 71 after completing the search in relation to seized things, or if the owner or occupier of the place being searched consents, the person executing the warrant— (a) may, instead of leaving a list, leave a notice stating

that things have been seized during the search and that, within 7 days of the search, a list will be delivered, left, or sent stating what things have been seized; and

(b) must, within 7 days of the search,— (i) deliver a list to the owner or occupier; or (ii) leave a list in a prominent position at the place

searched; or (iii) send a list by post to the owner or occupier of the

place searched. Compare: 2003 No 12 s 135

73 Matters that must be stated in list of documents A list under section 71 must state— (a) the things that have been seized; and (b) the location from where they were seized; and

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 4 s 76

74 Duty to assist The occupier or person in charge of the place that a person au- thorised by a warrant enters for the purpose of searching must provide that person with all reasonable facilities and assistance in executing the warrant. Compare: 2003 No 12 s 137

75 Power to inspect and take copies of documents, etc, obtained under warrant The chief executive of the Ministry of Economic Develop- ment, or any person authorised by the chief executive of the Ministry of Economic Development for the purpose, may in- spect and take copies of any documents or extracts from them obtained under a warrant. Compare: 2003 No 12 s 138

76 Disposal of things seized (1) In any proceedings for an offence relating to any thing seized

under warrant, a court may order, either at the trial or hearing or on an application, that it be delivered to the person appear- ing to the court to be entitled to it, or that it be otherwise dis- posed of in any manner that the court thinks fit.

(2) Any member of the Police or an enforcement officer may, at any time, unless an order has been made under subsection (1), return the thing to the person from whom it was seized, or apply to a Judge for an order for its disposal.

(3) An application under subsection (2) must be made on notice to any person known to have an interest in the thing.

(4) On an application under subsection (2), the Judge may make any order that a court may make under subsection (1).

(5) If proceedings for an offence relating to the thing are not brought within 3 months of seizure, any person claiming to be entitled to it may, after the expiry of that period, apply to a Judge for an order that it be delivered to him or her.

(6) On any such application, the Judge may—

Part 4 s 77 Major Events Management Act 2007 Reprinted as at

1 July 2012

(a) adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or

(b) make any order that a court may make under subsec- tion (1).

Compare: 2003 No 12 s 139

77 Uncovering or disposal of things covered (1) In any proceeding for an offence relating to any thing covered

under warrant, a court may order, either at the trial or hearing or on an application, that it be uncovered, or that it be other- wise disposed of in any manner that the court thinks fit.

(2) Any member of the Police or an enforcement officer may, at any time, unless an order has been made under subsection (1), uncover the thing, or apply to a Judge for an order for its dis- posal.

(3) An application under subsection (2) must be made on notice to any person known to have an interest in the thing.

(4) On an application under subsection (2), the Judge may make any order that a court may make under subsection (1).

(5) If proceedings for an offence relating to the thing are not brought within 3 months of it having been covered, any person claiming to be entitled to it may, after the expiry of that period, apply to a Judge for any order that it be uncovered.

(6) On any such application, the Judge may— (a) adjourn the application, on any terms that he or she

thinks fit, for proceedings to be brought; or (b) make any order that a court may make under subsec-

tion 1). Compare: 2003 No 12 s 139

78 Court order to be suspended on conviction (1) If any person is convicted in any proceedings for an offence

relating to any thing for which a warrant has been issued, and any order is made under section 76 or 77, the operation of the order is suspended,— (a) in any case, until the expiration of the time prescribed

by the Summary Proceedings Act 1957 for the filing of

Reprinted as at 1 July 2012 Major Events Management Act 2007 Part 5 s 81

a notice of appeal or an application for leave to appeal; and

(b) if a notice of appeal is filed within the time so pre- scribed, until the determination of the appeal; and

(c) if application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.

(2) If the operation of an order under section 76 or 77 is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order. Compare: 2003 No 12 s 140

Part 5 Miscellaneous

79 Emblems and words protected under other Acts Nothing in this Act limits or affects any of the enactments spe- cified in Schedule 3 of the Flags, Emblems, and Names Pro- tection Act 1981 relating to the protection of various emblems and words. Compare: 1981 No 47 s 23

80 Power to amend Schedule The Governor-General may, from time to time, by Order in Council,— (a) amend the Schedule by adding, omitting, or amending

the specification or description of any emblem or word: (b) revoke the Schedule or a Part of the Schedule and sub-

stitute a new schedule or a new Part of the Schedule. Compare: 1981 No 47 s 26A

81 Application of Regulations (Disallowance) Act 1989 and Acts and Regulations Publication Act 1989

(1) An Order in Council made under section 7 or 8 is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publication Act 1989.

(2) A notice in the Gazette under section 16—

Part 5 s 82 Major Events Management Act 2007 Reprinted as at

1 July 2012

(a) is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and must be presented to the House of Representatives in accordance with section 4 of that Act; but

(b) is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

82 Regulations The Governor-General may, by Order in Council, make regu- lations for all or any of the following purposes: (a) prescribing the information that an event organiser

must provide when applying under section 7(3)(a) for an event to be declared to be a major event under this Act:

(b) prescribing the form of a warrant of appointment of an enforcement officer and any particulars that the warrant must contain for the purposes of section 39:

(c) prescribing the form of formal warnings, and specify- ing the manner in which they must be issued under sec- tion 46:

(d) prescribing the form of a searchwarrant for the purposes of section 69(a):

(e) providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.

83 Repeal The Flags, Emblems, and Names Protection Act 1981 is amended by repealing sections 20A to 20B and Schedule 2A.

Reprinted as at 1 July 2012 Major Events Management Act 2007 Schedule

Schedule s 28 Olympic Games and Commonwealth

Games emblems and words Part 1

Emblems

THE FIVE RING OLYMPIC SYMBOL (as depicted below, or in black)

THE FIVE RING OLYMPIC SYMBOL WITH A FERN LEAF (as depicted below, or in black, with or without the words “New Zealand” or “New Zealand Olympic Committee” or

any abbreviation or combination of those words)

THE FIVE RING OLYMPIC SYMBOL WITH A FERN LEAF AND THE WORDS “NEW ZEALAND”

(as depicted below)

Schedule Major Events Management Act 2007 Reprinted as at

1 July 2012

Part 1—continued

“GOLDIE” THE OFFICIAL NEW ZEALAND OLYMPIC MASCOT

(as depicted below, or in any other form, colours, or pose, with or without any sporting equipment, with or without the New Zealand Flag or any flag picturing the five Olympic rings,

and with or without words or other symbols)

THE OLYMPIC FLAME SYMBOL (as depicted below, or in any other form, colours, context, or position, or in a hand-held torch with the Five Ring Olympic symbol, whether or not the Five Ring Olympic symbol is on a flag, and whether or not the torch and symbol are with the

New Zealand Flag, or a Fern Leaf, or both)

Reprinted as at 1 July 2012 Major Events Management Act 2007 Schedule

Part 1—continued

THENEWZEALANDCOMMONWEALTHGAMES SYMBOL (as depicted below, or in black)

THE NEW ZEALAND COMMONWEALTH YOUTH GAMES EMBLEM

(as depicted below, or in black)

Schedule Major Events Management Act 2007 Reprinted as at

1 July 2012

Part 1—continued

THE NEW ZEALAND YOUTH OLYMPIC FES- TIVAL EMBLEM

(as depicted below, or in black)

THE COMMONWEALTH GAMES FEDERATION EMBLEM (as depicted below, or in black)

Reprinted as at 1 July 2012 Major Events Management Act 2007 Schedule

Part 1—continued

Schedule Part 1: amended, on 7 June 2012, by clause 3(2) of the Major Events Manage- ment (Olympic Games and Commonwealth Games Emblems and Words) Order 2012 (2012/80).

Schedule Major Events Management Act 2007 Reprinted as at

1 July 2012

Part 2 Words that are names

1 Commonwealth Games Five Ring Olympic symbol Five Ring Olympic symbol with a Fern Leaf International Olympic Committee New Zealand Commonwealth Games Team New Zealand Commonwealth Youth Games Team National Olympic Committee New Zealand Olympic and Commonwealth Games Associ- ation Incorporated New Zealand Olympic Committee Incorporated New Zealand Olympic Team New Zealand Youth Olympic Festival Team New Zealand Youth Olympic Team New Zealand Youth Olympic Winter Team Olympic Games Olympic Gold

2 Any abbreviation, extension, or derivation of the names in clause 1.

3 Names that have the same meaning as, or a similar meaning to, the names in clause 1. Schedule Part 2 item 1: amended, on 7 June 2012, by clause 3(3) of the Major Events Management (Olympic Games and Commonwealth Games Emblems and Words) Order 2012 (2012/80).

Reprinted as at 1 July 2012 Major Events Management Act 2007 Schedule

Part 3 Words relating to Olympic and

Commonwealth Games Schedule Part 3: replaced, on 7 June 2012, by clause 3(4) of the Major Events Management (Olympic Games and Commonwealth Games Emblems and Words) Order 2012 (2012/80).

1 The expressions “Innsbruck 2012”, “London 2012”, “Sochi 2014”, “Glasgow 2014”, “Rio de Janeiro 2016”, “Rio 2016”, and any words in column A when used in connection with any words in column B. Column A Column B Commonwealth Innsbruck Games London Olympiad Sochi Olympian Glasgow Olympic Rio de Janeiro Olympics Rio Winter Olympics 2012

2014 2016 First 1st I Twentieth 20th XXth 26th Twenty-sixth XXVIth 29th Twenty-ninth XXIXth

2 The expressions “Games City” and “Gold Games”. 3 Any abbreviation, extension, or derivation of a word or words

in clause 1 or 2.

Schedule Major Events Management Act 2007 Reprinted as at

1 July 2012

Part 3—continued

4 Words that have the same meaning as, or a similar meaning to, a word or words in clause 1 or 2.

Reprinted as at 1 July 2012 Major Events Management Act 2007 Notes

Contents 1 General 2 Status of reprints 3 How reprints are prepared 4 Changes made under section 17C of the Acts and Regulations

Publication Act 1989 5 List of amendments incorporated in this reprint (most recent

first)

Notes

1 General This is a reprint of the Major Events Management Act 2007. The reprint incorporates all the amendments to the Act as at 1 July 2012, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.

2 Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint. This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and

Notes Major Events Management Act 2007 Reprinted as at

1 July 2012

provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also beenmade since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of

this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5

point) • layout of provisions, including:

• indentation • position of section headings (eg, the number and

heading now appear above the section) • format of definitions (eg, the defined term now appears

in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the

1st day of January 1999” is now expressed as “1 January 1999”)

Reprinted as at 1 July 2012 Major Events Management Act 2007 Notes

• position of the date of assent (it now appears on the front page of each Act)

• punctuation (eg, colons are not used after definitions) • Parts numbered with roman numerals are replaced with

arabic numerals, and all cross-references are changed accordingly

• case and appearance of letters and words, including: • format of headings (eg, headings where each

word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

• small capital letters in section and subsection references are now capital letters

• schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

• running heads (the information that appears at the top of each page)

• format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first) Charities Amendment Act (No 2) 2012 (2012 No 43): section 16(2) Major Events Management (Olympic Games and Commonwealth Games Emblems and Words) Order 2012 (SR 2012/80) Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)

Wellington, New Zealand: Published under the authority of the New Zealand Government—2012

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