Reprint as at 1 August 2008
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 majo r 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.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
The Major Events Management Act 2007 is administered by the Ministry ofEconomic Development.
Subpart2— Ambushmarketing 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 15 clean periods 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 21 authorisation 21 Persons who advertise 22 22 Exceptions to sections 18 to 20 22 23 Offences and penalties for breach of any of sections 17 24 to 20 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 26 Olympic Games and Commonwealth Games 29 Authorisation by New Zealand Olympic Committee 27 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
Subpart 1—Matters of general application 35 Act does not affect other rights 30 36 Interrelationship of civil and criminal remedies under 31 this Act
Subpart 2—Border protection measures 37 Application of Trade Marks Act 2002 to major event 31 emblems and major event words
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
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 38 profits
53 Order for erasure 38 54 Rights of persons with interest in unauthorised 39 representation or advertisement
Direction for corrective advertising
55 Order to disclose information or publish advertisement 40
56 Order for delivery up of goods, material, or object 40
57 Order for forfeiture, destruction, or retention of goods, 41 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 42 object 61 When order under section 57 takes effect 42 62 Additional court order if more than 1 person interested in 42 goods, material, or object 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, 47 obtained under warrant 76 Disposal of things seized 47 77 Uncovering or disposal of things covered 48 78 Court order to be suspended on conviction 48
79 Emblems and words protected under other Acts 49 80 Power to amend Schedule 49 81 Application of Regulations (Disallowance) Act 1989 and 49 Acts and Regulations Publication Act 1989 82 Regulations 50 83 Repeal 50
Schedule 51 Olympic Games and Commonwealth Games emblems and words
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)
- preventunauthorisedcommercialexploitationat 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)
- establishesaprocedureforappropriateeventstobedeclared 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
- (c)
- prohibits advertising from intruding on a major event activityandtheattentionoftheassociatedaudience;and
- (d)
- prohibits activities that might compromise the smooth running of a major event, such as ticket scalping and pitch invasion; and
- (e)
- prohibitstheuseofcertainemblemsandwordsrelating toOlympicGamesandCommonwealthGameswithout appropriate authorisation.
Interpretation
In this Act, unless the context otherwise requires,— advertise means any form of communication (including sellingorgivingawayanygoodsorservices, butexcludingcommunications of personal opinionmadebyanatural person for no commercial gain) made to the public or a section of the public in relation t
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 majo | r 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.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
The Major Events Management Act 2007 is administered by the Ministry ofEconomic Development.
Subpart2— Ambushmarketing 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 15 clean periods 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 21 authorisation 21 Persons who advertise 22 22 Exceptions to sections 18 to 20 22 23 Offences and penalties for breach of any of sections 17 24 to 20 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 26 Olympic Games and Commonwealth Games 29 Authorisation by New Zealand Olympic Committee 27 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
Subpart 1—Matters of general application 35 Act does not affect other rights 30 36 Interrelationship of civil and criminal remedies under 31 this Act
Subpart 2—Border protection measures 37 Application of Trade Marks Act 2002 to major event 31 emblems and major event words
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
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 38 profits
53 Order for erasure 38 54 Rights of persons with interest in unauthorised 39 representation or advertisement
Direction for corrective advertising
55 Order to disclose information or publish advertisement 40
56 Order for delivery up of goods, material, or object 40
57 Order for forfeiture, destruction, or retention of goods, 41 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 42 object 61 When order under section 57 takes effect 42 62 Additional court order if more than 1 person interested in 42 goods, material, or object 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, 47 obtained under warrant 76 Disposal of things seized 47 77 Uncovering or disposal of things covered 48 78 Court order to be suspended on conviction 48
79 Emblems and words protected under other Acts 49 80 Power to amend Schedule 49 81 Application of Regulations (Disallowance) Act 1989 and 49 Acts and Regulations Publication Act 1989 82 Regulations 50 83 Repeal 50
Schedule 51 Olympic Games and Commonwealth Games emblems and words
This Act is the Major Events Management Act 2007.
This Act comes into force on the day after the date on which it receives the Royal assent.
In this Act, unless the context otherwise requires,— advertise means any form of communication (including sellingorgivingawayanygoodsorservices, butexcludingcommunications of personal opinionmadebyanatural person for no commercial gain) made to the public or a section of the public in relation t 1 Title
2 Commencement
Part 1 Preliminary provisions 3 Purposes
(iii) ensure the smooth running of the major event; and
Interpretation