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
- (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 to any—
- (a)
- goods or services; or
- (b)
- brand of goods or services; or
- (c)
- person who provides goods or services
aircraftincludesanyairship,balloon(includingkiteballoon), blimp, glider (including hang glider), kite, and parachute associationmeansarelationshipofconnection,whetherdirect
orimplied,suchasanapproval,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
cleantransportroutemeansanareathathasbeendeclaredby noticeintheGazette under section16(1) tobeacleantransport 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 material; or
- (b)
- madebywayofapictorialrepresentationorothervisual image; or
- (c)
- made in any other manner
majoreventmeansaneventthatisdeclaredbyOrderinCoun 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
majoreventsponsor meansapersonwhohasthewrittenauthorisation of the major event organiser to make a representation suggesting an association between the major event and that person, or goods or services provided by that person
majoreventword meansanywordthathasbeendeclaredby 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-General 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)
registeringauthorityincludesthefollowingCommissionand officers, and also includes any officer acting on behalf of the following Commission and officers:
- (a)
- theCharitiesCommissionunderthe CharitiesAct2005 :
- (b)
- the Registrar of Incorporated Societies under the Incorporated Societies Act 1908:
- (c)
- theRegistrarofIndustrialandProvidentSocietiesunder the Industrial and Provident Societies Act 1908:
- (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
signhasthemeaningsetoutin section5(1) oftheTradeMarks
Act 2002
Sports Minister means the Minister responsible for the ad ministration of the Sport and Recreation New Zealand Act 2002
ticket to a majorevent activity means aticket authorisedby the major event organiser that permits entry to a major event activity.
5 Status of examples
- (1)
- An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
- (2)
- Ifanexampleandaprovisiontowhichitrelatesareinconsistent, the provision prevails.
6 Act binds the Crown
This Act binds the Crown.
Part 2 Declaration of major event and protections for major events
Subpart 1—Declaration of major event
7 Declaration of major event
- (1)
- TheGovernor-Generalmay,byOrderinCouncilmadeonthe recommendationoftheEconomicDevelopmentMinisterafter consultationwiththeCommerceMinisterandtheSportsMinister, 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 recommendation if—
- (a)
- an event organiser has applied for an event to be declared 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 manage the event; and
- (ii)
- use all practicable measures available under the existinglawtopreventunauthorisedcommercial exploitation of the major event and to protect its intellectual property and other legal rights (including, for example, registering relevant trade marks).
- (4)
- Before making a recommendation, the Economic DevelopmentMinistermusttakeintoaccountwhethertheeventwill—
- (a)
- attract a large number of international participants or spectators and therefore generate significant tourism opportunities for New Zealand:
- (b)
- significantlyraiseNewZealand’sinternationalprofile:
- (c)
- require a high level of professional management and co-ordination:
- (d)
- attract significant sponsorship and international media coverage:
- (e)
- attractlargenumbersofNewZealandersasparticipants or spectators:
- (f)
- offersubstantialsporting,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)
- TheGovernor-Generalmay,byOrderinCouncilmadeonthe recommendation of the Economic Development Minister, declare any or all of the following:
- (a)
- an emblem to be a major event emblem:
- (b)
- aword,wordsifcombinedwithotherwords,oracombination of words to be a major event word or major event words.
- (2)
- The Economic Development Minister may only make a recommendation after consultation with—
- (a)
- the Commerce Minister; and
- (b)
- the major event organiser; and
- (c)
- personstheMinisterconsidersarelikelytobesubstantially affected by the recommendation.
- (3)
- Before making a recommendation, the Economic Development Minister must take into account the extent to which, in relation to the major event, emblems and words require protection in order to—
- (a)
- obtain maximum benefits for New Zealanders:
- (b)
- preventunauthorisedcommercialexploitationattheexpenseofeitheramajoreventorganiseroramajorevent 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)
- AnOrderinCouncilunder section8(1) mustidentifytherelevant major event and declare the protection period for the major event.
- (2)
- Themajorevent’sprotectionperiodneednotbelimitedtothe period when major event activities are to occur, but cannot
end later than 30 days after the completion or termination of all major event activities.
10 No representation of association with major event
- (1)
- Nopersonmay,duringamajorevent’sprotectionperiod,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 includes a person who—
- (a)
- paysfor,commissions,orauthorisestherepresentation; or
- (b)
- receivesconsiderationfortheplacementorthelocation 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 themthatstates“CompanyA—proudtobringyouthe2007Football World Cup”.
NeitherCompanyAnorCompanyBhasthewrittenauthorisation 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)
- arepresentationthatsocloselyresemblesamajorevent emblem, a major event word, or major event words as to be likely todeceive orconfuse a reasonable person.
- (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)
- theassociationbetweenthemajoreventandthegoods, services,brandofgoodsorservices,orpersonwhoprovides goods or serviceshas the writtenauthorisation of the major event organiser; or
- (b)
- the representation has the written authorisation of the major event organiser; or
- (c)
- therepresentationisofpersonalopinionmadebyanatural person for no commercial gain; 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)
- ismadebyanexistingorganisationcontinuingto carry out its ordinary activities; or
- (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
- (C)
- an existing registered trade mark.
- (2)
- Nothinginsubsection(1)(d)(iii)authorisesapersontomakea representationinawaylikelytosuggesttoareasonableperson that there is an association between news, information, criticism, 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’sBestCupMakersLimitedisaNewZealandbusiness 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 BestCupMakersLimitedcontinuestooperateandpromoteitself 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 company 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
DailyNewspaperAproducesa20-pageFootballWorldCupsupplement. Itcontainsascheduleofthegamestobeplayedduring the Football World Cup finals, an explanation of the rules of football, and details about each of the teams and the players and coaches in each of those teams. The supplement also contains alotofadvertising,noneofwhichbreachessection10. However, Company B has paid Daily Newspaper A for the right to state on thecoverofthesupplement“CoverageoftheFootballWorldCup finals is brought to you by Company B”.
Neither Daily Newspaper A nor Company B has the written authorisation of the major event organiser for Company B’s statement 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
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.
15 Registering authority must not register in certain cases
- (1)
- Despite anything about registration in any other Act, a registering 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 ofthatemblembythatpersonwouldbreach section10 .
- (2)
- Theprohibitioninsubsection(1)appliesonlyduringthemajor 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)
- BynoticeintheGazette,theEconomicDevelopmentMinister 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)
- preventunauthorisedcommercialexploitationattheexpenseofeitheramajoreventorganiseroramajorevent 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—
- (i)
- the venue of a major event activity; and
- (ii)
- areas that are directly proximate to the area in subparagraph(i)(forexample,theadjacentfootpath, road, or other thoroughfare); and
- (b)
- theareadoesnotconsistofexcludedlandorbuildings; and
- (c)
- a major event activity is performed in the area during thatcleanperiod,althoughthecleanperiodmayinclude 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)
- amotorwayorStatehighway(asthosetermsare definedin section2(1) oftheGovernmentRoading 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
- (c)
- does not consist of excluded land or buildings; and
- (d)
- islikelytobeusedbyasubstantialnumberofpeopleto traveltoorfromacleanzone(therelevantcleanzone) duringthatcleanperiod,althoughthecleanperiodmay include times before and after the clean period for the relevant clean zone that are reasonable in the circumstances.
- (5)
- Inthissection,excludedlandorbuildingsmeansprivateland andprivatebuildings,whetherornotsurroundedbyotherland 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).
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
ThefinalgameoftheFootballWorldCupistobeheldattherugby stadiumlocatedinPhillipstowninChristchurchbetween3pmand 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 ordertohostsafelythefinal game oftheFootball WorldCup, itis necessary to close Stevens Street, Talfourd Place, and Lismore Streettovehiclesfrom12.01amto11.59pmonSaturday,9June 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 therequirementsofthe 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 accordance with section 16(1).
The Ministerdeclares 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 buildingswithintheareadescribedaboveisincludedintheclean zone.
The Ministerdeclaresthecleanperiodforthiscleanzonetostart 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
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 transport route.
Both clean transport routes are declared to include the areas directly proximate to the highways and motorway that do not consist 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.
Thecleanperiodforthecleantransportroutesisdeclaredtostart at8amonSaturday,9June2007andfinishat11pmonSaturday, 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)
- Nopersonmayengageinstreettradinginacleanzoneduring a clean period without the written authorisation of the major event organiser.
- (2)
- Nopersonwhoisoutsideacleanzonemay,withoutthewritten authorisation of the major event organiser, engage in street trading with a person who is in a clean zone during a clean period.
- (3)
- Inthissection, streettrading meansselling,hawking,orgivingawaygoodsorservices,butexcludesoperatinganexisting business out of existing permanentpremises 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.
Examples—continued
Richarddoesnothavethewrittenauthorisationofthemajorevent organiserforRichard’sstreettradinginthecleanzoneduringthe clean period. 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. Richarddoesnothavethewrittenauthorisationofthemajorevent 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 Avenue, about 100 m outside the clean zone, and starts selling hot dogs. It is still Saturday, 9 June 2007. Richarddoesnothavethewrittenauthorisationofthemajorevent organiser for his street trading. This is not a breach of section 17.
18 No advertising in clean zone without authorisation Nopersonmayadvertiseinacleanzoneduringacleanperiod withoutthewrittenauthorisationofthemajoreventorganiser.
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 advertisement advertising Company A’s products on a billboard in Talfourd Place. The billboard is owned by Company B and is locatedwithintheareathatwillbeacleanzoneforthecleanperiod. Company A has not advertised in this position before.
NeitherCompanyAnorCompanyBhasthewrittenauthorisation
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
Examples—continued
Company A pays Company B to undertake an advertising campaign 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 watch the final game of the Football World Cup. The T-shirts are in Company A’s corporate colours and are identifiable as relating to Company A and its products. Many of the people who are giventheseT-shirtsputthemonandweartheminthecleanzone.
None of Company A, Company B, or the people giving away the T-shirtshasthewrittenauthorisationofthemajoreventorganiser 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 section 18.
19 No advertising that is clearly visible from clean zone
- (1)
- No person may advertise in a manner that is clearly visible fromanywherewithinacleanzoneduringacleanperiodwithout the written authorisation of the major event organiser.
- (2)
- Subsection (1) includes advertising on or by means of an aircraft, but does not include normal markings and livery on an aircraft.
- (3)
- In this section, clearly visible means visible to an extent that areasonablepersonwouldconsiderthecontent,subject,message, or purpose of the advertisement to be able to be determined 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.
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 advertising Company A’s services on a billboard on top of a tall building located outside the clean zone. The billboard is owned by Company C, and Company C is paid for Company A’s advertising being 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 products on a billboard on Lancaster Street, about 50 m outside the cleanzone. Thebillboardfacesawayfromthecleanzonesothat, althoughthebackofthebillboardisclearlyvisiblefromwithinthe 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.
Examples
These examples refer to the clean transport routes and the associated 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 advertisements advertising Company A’s products on a number of billboards on the grass verge alongside State Highway 73. The billboards are all owned by Company B and are all located within theareathatwillbeacleantransportrouteduringtheassociated clean period. Company A has not advertised in this position before.
NeitherCompanyAnorCompanyBhasthewrittenauthorisation
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 advertising 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.
Noneof theadvertisinghasthewrittenauthorisationofthe 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)
- paysfor,commissions,orauthorisestheadvertisement; or
- (b)
- receivesconsiderationfortheplacementorthelocation 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 industrial or commercial matters, the advertising is done by an existing organisation continuing to carry out its ordinary activities; or
| Reprinted as at1 August 2008 | Major Events Management Act 2007 | Part 2 s 22 | |||
|---|---|---|---|---|---|
| (b) | on articles of clothing (including shoes) or other | ||||
| personal items being worn, carried, or usedby— | |||||
| (i) | a member of the public, unless that item | ||||
| is being worn, carried, or used in co-or | |||||
| dinationwithotherpersonswiththeinten | |||||
| tionthattheadvertisingintrudeonamajor | |||||
| 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) | avolunteerengagedinthemanagementor | ||||
| 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 | ||||
| involvesadangertolifeorpropertynecessitating | |||||
| theurgenttransportationofpersonsormedicalor | |||||
| 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
ExistingBusinessAcarriesonitsbusinessfromaprivatebuilding 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 buildingadvertisingExistingBusinessA’sservices. Thisbillboard has been there for many years. The advertising on the billboard is clearly visible from within the clean zone.
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 advertisements advertising Company A’s services on a number of billboards on the grass verge alongside State Highway 73. The billboards 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. These billboards are maintained in this area throughoutthe24monthsleadinguptothefinalgameoftheFootballWorldCup,throughoutthecleanperiod,andforaperiodafter the final game. NeitherCompanyAnorCompanyBhasthewrittenauthorisation 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 newspaper that has many advertisements within it. In order to get to thegame,Amycatchesabusthattravelsalongacleantransport 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 exceptions in section 22(b)(i) and (c).
Compare: 1981No47s20A(3);1990No98s13A(3);2002No49s95;London Olympic Games andParalympic Games Act2006 Schedule4cl 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.
24 Defences to breaches of sections 18 to 20 It is a defence to an action or a prosecution for a breach of anyof sections18to20 ,inrelationtoanadvertisement,ifthe defendant proves—
- (a)
- that the defendant’s business includes publishing or arranging for the publication of advertisements; and
- (b)
- thatthedefendantreceivedtheadvertisementintheordinarycourseofthatbusinessanddidnotknow,andhad noreasontobelieve,thatpublishingitwouldconstitute a breach of any of sections 18 to 20.
Compare: 1981No47s20AA;LondonOlympicGamesandParalympicGames 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 tradesatickettoamajoreventactivityinbreachof section25 .
- (2)
- Apersonwhocommitsanoffenceagainstthissectionisliable 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)
- Everypersoncommitsanoffencewho,withoutauthority,does either or both of the following:
- (a)
- goesontotheplayingsurfaceatamajorsportingevent; or
- (b)
- propels any object onto the playing surface at a major sporting event.
- (2)
- In this section,—
majorsportingeventmeansanymajoreventthatisasporting 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 propelsmeansintentionallysettinganobjectinmotioninany manner, including, for example, throwing, kicking, dropping, or rolling.
(3) A person who commits an offence against this section is liable 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
Everypersoncommitsanoffencewho,withoutthewrittenauthorisationoftheNewZealandOlympicCommitteeIncorporated,—
- (a)
- causes an incorporated or unincorporated body to be formed under any name, title, style, or designation that—
- (b)
- in a business, trade, or occupation carries on activities underanyword,name,title,style,ordesignationthat—
- (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; or
- (c)
- inanybusiness,trade,oroccupationdisplays,exhibits, orotherwiseusesanyword,name,title,style,ordesignation 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.
29 Authorisation by New Zealand Olympic Committee Incorporated
- (1)
- The New Zealand Olympic Committee Incorporated must makeadecisiononanapplicationforitswrittenauthorisation 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 Committeeistobetreatedashavinggiventhewrittenauthorisation sought in the application.
- (2)
- A decision of the New Zealand Olympic Committee Incorporatedundersubsection(1)isanexerciseofastatutorypower ofdecisionforthepurposesofthe JudicatureAmendmentAct 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)
- thedisplay,exhibition,oruseisexpresslyauthorisedby or under any Act or by the Governor-General by Order in Council; or
- (b)
- immediately before 18 December 1998, either—
- (i)
- thatdisplay,exhibition,orusewasexpresslyauthorisedbyanyconsent,permission,approval,or authority given by a person lawfully entitled to give it; or
- (ii)
- the emblem or word was registered under any statutory authority; or
- (c)
- the emblem or word is part of the description of any sportingorrecreationalfacilitiesoperatedbyalocalauthority 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 publication in a newspaper or magazine, relating to a person whowasamemberorofficialoftheNewZealandteam thatcompetedatanOlympicGamesorCommonwealth 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)
- inthecaseofaword,thewordisthesurnameorinitials (not being used for the purpose of defeating the intentionofthissection)ofafoundationmemberofthebody or of the person engaging in the business, trade, or occupation.
31 Penalty for offence against section 28 Everypersonwhocommitsanoffenceagainst section28 isliableonsummaryconvictiontoafinenotexceeding$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 tion28 , inrelationtoabreach ofsection28committedbythe publication of an advertisement, if the defendant proves—
- (a)
- that the defendant’s business includes publishing or arranging for the publication of advertisements; and
- (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 oftheadvertisementorthepublicationoftheadvertisementcontaining that emblem or word would constitute a breach of section 28.
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 satisfiedthatapersonhascommittedanoffenceagainst section28 , whether or not it appears to the court that the person intends toengage again, or to continue toengage, in that conduct, the court may—
- (a)
- grant an injunction restraining the person from engaginginconductthatappearstothecourttoconstitutethat 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 animminentdangerofsubstantialdamagetoanyotherperson if person A engagesin conduct of that kind, the court may—
- (a)
- grantaninjunctionrestrainingpersonAfromengaging 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 thatappears 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
34 Registering authority must not register in certain cases
- (1)
- Despite anything about registration in any other Act, a registering 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)
- anemblemontheapplicationofanypersoniftheuseof thatemblembythatpersonwouldbeanoffenceagainst section 28.
- (2)
- However,aregisteringauthoritymayauthorisetheregistration of an incorporated or unincorporated body under a name to whichsubsection(1)(a)appliesiftheRegistrarissatisfiedthat 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)
- comprisesthewholeorpartofthepropernameof any town or road or other place in New Zealand whichisto beused infullbytheincorporated or unincorporated body; or
- (ii)
- isthesurname(notbeingasurnametakenorused for the purpose of defeating the intention of this subsection) of a foundation member of the incorporated or unincorporated body.
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
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 heardinconjunctionwithanyotheractionorremedyavailable 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 majoreventemblemsandmajoreventwordsinthemannerset outinthissectionand,asfaraspracticable,mustbeinterpreted consistently with this section.
- (2)
- In particular,—
- (a)
- an Order in Council under section 8 must be treated as anoticethathasbeenacceptedunder section139 ofthe Trade Marks Act 2002; and
- (b)
- claimantmeanstherelevantmajoreventorganiser;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)
- exceptasspecifiedinparagraph(a), sections137to141 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 anyinfringingsignthathasbeenappliedtogoodsinan overseas country by, or with the written authorisation of, the major event organiser; and
- (b)
- thechiefexecutiveoracustomsofficermayreleaseany goodsthatareinthecontroloftheCustomsorthathave been detained in the custody of the chief executive or
31
a customs officer if a reasonable person would not believe there is an association between those goods and the major event.
(4) Any term or expression that is defined in section 135 of the TradeMarksAct2002andused,butnotdefined,inthissection has the same meaning as in that section.
Subpart 3—Enforcement officers
38 Chief executive may appoint enforcement officers ThechiefexecutiveoftheMinistryofEconomicDevelopment may appoint enforcement officers, on apermanent 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)
- ThechiefexecutiveoftheMinistryofEconomicDevelopment mustissueawarrantofappointmenttoeverypersonappointed 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)
- Awarrantofappointmentis,intheabsenceofevidencetothe contrary, sufficient proof that the holder of the warrant may exercisethepowersconferredonanenforcementofficerunder this subpart.
- (4)
- Apersonwhoceasestobeanenforcementofficermustreturn 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 practicable, ensure compliance with this Act by carrying out the following functions:
- (a)
- identifying breaches or potential breaches of sec tions 10, 17 to 20, and 25 and offences under sections 13 , 23, and 26:
- (b)
- issuingformalwarningsinaccordancewith section46 :
- (c)
- inspecting and monitoring clean zones:
- (d)
- seizingorcoveringthingsincleanzonesinaccordance 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 Economic Development on any matters relating to the enforcement officer’s functions.
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 thattheenforcementofficermaylawfullyenterwithout a search warrant; or
- (c)
- whentheentryisauthorisedbyasearchwarrantissued
under section 67. Compare: 2003 No 12 s 127
42 Power of enforcement officer to seize or cover things
- (1)
- Anenforcementofficermayseizeorcoveranythingiftheofficerhasreasonablegroundstobelieveitbreaches,orisbeing used to breach, any of sections 10, 17 to 20, and 25 and that thing is either—
- (a)
- within a clean zone; or
- (b)
- outsideacleanzoneanditisinaplacethattheenforcement officer may lawfully be without a search warrant.
- (2)
- Anenforcementofficermayexercisethepowersetoutinsubsection (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
- (b)
- given the person in possession of the thing the opportunity to cover the thing.
- (3)
- When exercising the power set out in subsection (1), an enforcement officer may use such force as is reasonable in the circumstances.
- (4)
- To avoid doubt, subsection (1) does not authorise an enforcement 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 section 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 thatplace,vehicle,orthingispartof,orwithin,aclean 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)
- Ifanythingisseizedorcoveredunder section42 ,anenforcement officer must give or leave a written notice stating—
- (a)
- thedateandtimewhenthethingwasseizedorcovered; and
- (b)
- thenameofthepersonwhoseizedorcoveredthething; and
- (c)
- for seized things, particulars of the thing and details of when and where it can be collected; and
- (d)
- forcoveredthings,detailsofwhenitcanbeuncovered; and
- (e)
- if relevant, the date and time at which the applicable clean period ends.
- (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)
- Anythingcoveredunder section42 forabreachofanyof sec tions 17 to 20 must remain covered until the applicable clean period has ended.
- (2)
- Inrelationtoanythingcoveredunder section42 forabreachof section10 , sections77 and 78 apply(withallnecessarymodifications) 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 tions17to20 musteitherbereturnedto,orbemadeavailable forcollectionby,thepersonfromwhomitwasseizedassoon as practicable after the applicable clean period has ended.
- (2)
- Inrelationtoanythingseizedunder section42 forabreachof section 10 or 25, sections 76 and 78 apply (with all necessary modifications)asifthatthinghadbeenseizedunderawarrant 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 tobelievethatthatpersonhasbreached section10 , 17 , 18 , 19 , 20 , or 25.
- (2)
- A formal warning must—
- (a)
- state—
- (i)
- thattheenforcementofficerbelievesthatthepersontowhomthewarningisissuedisinbreachof section 10, 17, 18, 19, 20, or 25; and
- (ii)
- the grounds for that belief; and
- (b)
- be in the prescribed form; and
- (c)
- be issued in the manner specified in regulations made
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)
- Noactionmaybetakenagainstapersontowhomthissection 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
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 abreach of any of sections 10, 17 | |
| to 20, and 25. | |
| (2) | Amajoreventsponsormayrequestthemajoreventorganiser’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 abreach 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 | |
| inthissubpartistobereadasareferencetomajorevent | |
| 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 | |
| (c) the defendant has all the defences that would be avail | |
| able against proceedings by the major event organiser. | |
| Compare: 1994 No 143 ss 123(3), 124(2) | |
| 50 | Time for bringing civil proceedings |
| Amajoreventorganisermaybringcivilproceedingsunderthis | |
| subpart for a breach of any of sections 10, 17 to 20, and 25 at | |
| anytimewithin3yearsafterthedateonwhichthebreachwas | |
| discovered or ought reasonably to have been discovered. |
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)
- makeanorderforthepaymentofdamagesforanyloss suffered by the person against whom the proceedings are brought.
- (2)
- The court must not grant relief under this section if the personwhobringstheproceedingsprovesthattheactsinrespect 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 thissectioninrespectofanyactdoneinhisorherprofessional 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
Inanycivilproceedingsforabreachofanyof sections10 , 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 representationoradvertisementfromanygoods,material,or objectintheperson’spossession,custody,orcontrol;or
- (b)
- to cover the unauthorised representation or advertisement 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,todestroythegoods,material,orobject; or
- (d)
- to erase or remove the unauthorised representation or advertisementfromanyland,building,structure,orsurface (including the surface of an aircraft, boat, train, or vehicle); or
- (e)
- to cover the unauthorised representation or advertisement on any land, building, structure, or surface (includingthesurfaceofanaircraft,boat,train,orvehicle).
- (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 becompliedwith,thecourtmayorderthattherelevantgoods, material, or object bedeliveredtoany person whom thecourt may direct—
- (a)
- to erase, remove, or obliterate the unauthorised representation or advertisement from the goods, material, or object; or
- (b)
- to cover the unauthorised representation or advertisement 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,todestroythegoods,material,orobject.
54 Rights of persons with interest in unauthorised representation or advertisement Every person who has an interest in the goods, material, object, 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 person appears in the proceedings.
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)
- discloseinformationspecifiedintheorderaboutacivil proceeding for a breach of section 10:
- (b)
- publish corrective statements.
- (3)
- Theinformationorcorrectivestatementsorderedbythecourt under subsection (2) are to be published or disclosed to the public, or to a particular member of or classof 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 accordance with the order.
- (4)
- Thecourtmaymakeanorderundersubsection(1)whetheror 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)
- itappearstothecourtthattherearegroundsformaking 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—
- (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 Thecourtmayorderthatthegoods,material,orobjectsubject to an order under section 56 must be—
- (a)
- forfeited to the major event organiser or any other person that the court thinks fit; or
- (b)
- destroyedorotherwisedealtwithasthecourtthinksfit; or
- (c)
- retained by the major event organiser or any other person that the court thinks fit until the end of the relevant protection period and then returned to the person who delivered them up.
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 tion10 wouldbeadequatetocompensate,orprotectthe interests of,—
- (i)
- the major event organiser:
- (ii)
- the major event sponsor (if any); and
- (b)
- theneedtoensurethatnothingisdisposedofinamanner 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, orobject to which an order under section 57 relates.
60 Rights of persons with interest in goods, material, or object Everypersonwhohasaninterestinthegoods,material,orobjecttowhichanorderunder section56 or 57 relatesisentitled 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 person appears in the proceedings.
61 When order under section 57 takes effect
An order made under section 57 takes effect either,—
- (a)
- ifnonoticeofanappealhasbeengiven,after10working days; or
- (b)
- ifnoticeofanappealhasbeengiven,onthefinaldeterminationorabandonmentoftheproceedingsonappeal.
62 Additionalcourtorderifmorethan1personinterestedin 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 thegoods,material,orobjectbeforetheywereoritwasdelivered up is entitled to their or its return.
Subpart 5—Criminal offences
64 When criminal proceedings may be commenced Despite section 14of the SummaryProceedings Act 1957, an information for an offence against section 13, 23, 26, or 28 maybelaidatanytimewithin3yearsafterthetimewhenthe 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 incircumstanceswherethatoffenceinvolvesthe making of profit or gain,—
- (a)
- thatoffenceisdeemedtohavecausedalossofproperty 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 corporate 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—
- (a)
- in respect of which an offence under this Act has been or is being committed; or
- (b)
- thathasbeen,isbeing,orisintendedtobeusedbyany personforthecommissionofanoffenceunderthisAct; or
- (c)
- that is evidence of the commission of an offence under this Act by any person.
- (2)
- The Judge, Community Magistrate, Justice, or Registrar may impose any reasonable conditions on the exercise of the warrant 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)
- toenterandsearchtheplace,vehicle,orthingspecified in the warrant on 1 occasion within 14 days of the date ofissueofthewarrantatatimethatisreasonableinthe circumstances:
- (b)
- to use any assistance that is reasonable in the circumstances:
- (c)
- touseanyforceforgainingentryandforbreakingopen any article or thing that is reasonable in the circumstances:
- (d)
- tosearchforandseizeanythingthatthewarrantauthorises the person who is executing the warrant to search for and seize:
- (e)
- tosearchforandcoveranythingthatthewarrantauthorises the person who is executing the warrant to search for and cover:
- (f)
- if necessary, to take copies of documents, or extracts from documents, thatthe warrant authorises the person who is executing the warrant to copy:
- (g)
- if necessary, to require a person to reproduce, or assist anypersonexecutingthewarranttoreproduceinusable form, information recorded or stored in a document.
- (2)
- The power in subsection (1) to enter and search a place, vehicle,orthingmustnotbeexercisedbyanenforcementofficer unless, when exercising the power, the enforcement officer is accompanied by a member of the Police.
- (3)
- A person assisting the person executing the warrant also has the powers referred to in subsection (1)(c) to (f).
- (4)
- Thewarrantmustbeexecutedinaccordancewithanyreasonableconditionsthatmaybespecifiedinthewarrantwhenitis 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
- (c)
- contain all of the following particulars:
- (i)
- the place, vehicle, or thing that may be searched in accordance with the warrant; and
- (ii)
- the offence for which the warrant is issued; and
- (iv)
- a description of the kind of thing that is authorised to be searched for and covered; and
- (v)
- theperiodduringwhichthewarrantmaybeexecuted; 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 subsequent 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
71 Other duties of person who executes warrant A person who executes a warrant must, when the search is completed,leaveinaprominentpositionattheplacesearched 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 maybereturnedinaccordancewith sections76 and 78 ; and
- (d)
- foranycoveredthing,alistofitsparticularsandthatit may be uncovered in accordance with sections 77 and
78 . Compare: 2002 No 84 s 166(1); 2003 No 12 s 134
72 Whenalternativetolistofseizedthingsmaybeprovided 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 thatthings havebeen seized duringthesearchandthat, within7daysofthesearch,alistwillbedelivered,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) sendalistbyposttotheowneroroccupierofthe
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
- (c)
- the location where they are being held. Compare: 2003 No 12 s 136
74 Duty to assist
Theoccupierorpersoninchargeoftheplacethatapersonauthorisedbyawarrantentersforthepurposeofsearchingmust providethatpersonwithallreasonablefacilitiesandassistance 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 Development, or any person authorised by the chief executive of the Ministry of Economic Development for the purpose, may inspectandtakecopiesofanydocumentsorextractsfromthem 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 appearing to the court to be entitled to it, or that it be otherwise disposed of in any manner that the court thinks fit.
- (2)
- Any member of the Police or an enforcement officer may, at anytime,unlessanorderhasbeenmadeundersubsection(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 beentitledtoit may, after the expiryof 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—
- (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)
- Inanyproceedingforanoffencerelatingtoanythingcovered under warrant, a court may order, either at the trial or hearing or on an application, that it be uncovered, or that it be otherwise disposed of in any manner that the court thinks fit.
- (2)
- Any member of the Police or an enforcement officer may, at anytime,unlessanorderhasbeenmadeundersubsection(1), uncover the thing, 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 it having been covered, any personclaimingtobeentitledtoitmay,aftertheexpiryofthat 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 awarrant has been issued,and any order ismade under section 76 or 77, theoperation of the order is suspended,—
- (a)
- in any case, until the expiration of the time prescribed byth e SummaryProceedings Act1957 forthe filing of a notice of appealor an application for leaveto appeal; and
- (b)
- if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
- (c)
- ifapplicationforleavetoappealisfiledwithinthetime so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.
- (2)
- Iftheoperationofanorderunder section76 or 77 issuspended untilthedeterminationoftheappeal,thecourtdeterminingthe 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
NothinginthisActlimitsoraffectsanyoftheenactmentsspe cified in Schedule 3 of the Flags, Emblems, and Names Pro tectionAct1981relatingtotheprotectionofvariousemblems 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 thespecificationordescriptionofanyemblemorword:
- (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)
- AnOrderinCouncilmadeunder section7 or 8 isaregulation 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—
- (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 regulations 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 enforcementofficerandanyparticularsthatthewarrant must contain for the purposes of section 39:
- (c)
- prescribing the form of formal warnings, and specifyingthemannerinwhichtheymustbeissuedunder sec tion 46:
- (d)
- prescribingtheformofasearchwarrantforthepurposes 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 repealingsections 20A to 20Band Schedule 2A.
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)
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)
Part 1—continued
THENEWZEALANDCOMMONWEALTHGAMESSYMBOL (as depicted below, or in black)
THE NEW ZEALAND COMMONWEALTH YOUTH GAMES EMBLEM (as depicted below, or in black)
Part 1—continued
THE NEW ZEALAND YOUTH OLYMPIC FESTIVAL EMBLEM (as depicted below, or in black)
THE COMMONWEALTH GAMES FEDERATION EMBLEM (as depicted below, or in black)
Part 2 Words that are names
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
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.
Part 3 Words relating to Olympic and Commonwealth Games
The expressions “Turin 2006”, “Torino 2006”, “Melbourne 2006”, “Beijing 2008”, and any words in column A when used in connection with any words in column B.
Column A Column B
Commonwealth Turin Games Torino Olympiad Melbourne Olympian Beijing Olympic 2006
2008 20th Twentieth XXth 26th Twenty-sixth XXVIth 29th Twenty-ninth XXIXth
Part 3—continued
2 The expressions “Games City”, “Gold Games”, “One Team One Spirit”, and “One Team Our Team”.
3 Anyabbreviation,extension,orderivationofawordorwords in clause 1 or 2.
4 Words that have the same meaning as, or a similar meaning to, a word or words in clause 1 or 2.
Contents
1 General
2 Status of reprints
3 How reprints are prepared
4 Changesmadeundersection17CoftheActsandRegulations 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 Major Events Management Act 2007 as at 1 August 2008, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
2 Status of reprints
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment 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 provisions that are repealed or revoked are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
Changes made under section 17C of the Acts and Regulations Publication Act 1989
Section17C oftheActsandRegulationsPublicationAct1989 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 thatwould alter the effect of the legislation are not permitted.
Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislationreprintedafter1January2000isinthenewformat forlegislationandreflectscurrentdraftingpracticeatthetime 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”)
- typefaceandtypesize(TimesRoman,generallyin11.5 point)
- layout of provisions, including:
- indentation
- positionofsectionheadings(eg,thenumberand heading now appear above the section)
- formatofdefinitions(eg,thedefinedtermnowappears in bold type, without quotation marks)
- format of dates (eg, a date formerly expressed as “the 1stdayofJanuary1999”isnowexpressedas“1January 1999”)
- positionofthedateofassent(itnowappearsonthefront page of each Act)
- punctuation (eg, colons are not used after definitions)
- Partsnumberedwithromannumeralsarereplacedwith 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 chronologican( �/span>.
List of amendments incorporated in this reprint (most recent first)
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)
Wellington, New Zealand: Published under the authority of the New Zealand Government—2008