重大项目管理法2007，第35号（2008年8月1日）, 新西兰, WIPO Lex

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英语 Major Events Management Act 2007 (reprint as at 1 August 2008)

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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

Part 4 Enforcement

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

Subpart 4—Civil proceedings

General matters concerning civil proceedings

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

Injunctions, damages, and account of profits

52 Court may grant injunction, damages, and account of 38 profits

Order for erasure

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

Orders for delivery up

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

Part 5 Miscellaneous

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

(2): To those ends, this Act—

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

Relations Act 2000

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.

Subpart 2—Ambush marketing by association protections

8 Declaration of major event emblems and words

(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—

(2): In subsection (1), a person who makes a representation includes a person who—

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

(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—

(2): Nothinginsubsection(1)(d)(iii)authorisesapersontomakea representationinawaylikelytosuggesttoareasonableperson that there is an association between news, information, criticism, or a review about a major event and—

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.

Compare: 1981No47s20A(3); 2002No49s95;LondonOlympicGamesand Paralympic Games Act 2006 Schedule 4 cl 1(2)(b) (UK)
13 (1)	Offences and penalty for breach of section 10 Every person commits an offence who knowingly breaches section 10.
(2)	Every person commits an offence who, knowing that a representationthatbreachessection10hasbeenmadeinrelationto
	or applied to goods,— (a) imports those goods into New Zealand for the purpose of trade or manufacture; or (b) sells those goods, or exposes those goods for sale; or (c) possessesthosegoodsforthepurposeoftradeormanufacture.
(3)	Every person who commits an offence against subsection (1) or (2) is liable on summary conviction to a fine not exceeding $150,000.
	Compare: 2002 No 49 ss 124, 125
14	Defences to breach of section 10
(1)	Itisadefencetoanactionoraprosecutionforabreachofsection10,inrelationtoarepresentationthatisanadvertisement, 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 representation in the ordinarycourseofthatbusinessanddidnotknow,andhad noreasonto believe, that publishingit wouldconstitute a breach of section 10.
(2)	This section overrides the presumption in section 11. Compare: 1981No47s20AA;LondonOlympicGamesandParalympicGames Act 2006 s 21(2) (UK)

15 Registering authority must not register in certain cases

(1): Despite anything about registration in any other Act, a registering authority must not register—

(2): Theprohibitioninsubsection(1)appliesonlyduringthemajor event’s protection period, but also applies to any application for registration that—

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:

(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—

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

(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—

(5): Inthissection,excludedlandorbuildingsmeansprivateland andprivatebuildings,whetherornotsurroundedbyotherland that is declared to be part of a clean zone or a clean transport route; but does not include—

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
(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

(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—

(c): inanybusiness,trade,oroccupationdisplays,exhibits, orotherwiseusesanyword,name,title,style,ordesignation that—

Compare: 1981 No 47 s 20A

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
(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.

Compare: 1981 No 47 s 20A

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.

Compare: 1981 No 47 s 20AA(1)

33 Injunction for breach of section 28

(1): The New Zealand Olympic Committee Incorporated may apply to the court or a District Court for an injunction under this section.
(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—

(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—

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

Part 4 Enforcement

Subpart 1—Matters of general application

35 Act does not affect other rights Nothing in this Act affects any principle of law or any other remedy in any other Act, including—

(a): the law relating to passing off; or
(b): rights under the Fair Trading Act 1986; or
(c): rights under the Geographical Indications (Wines and Spirits) Registration Act 2006; or
(d): rights under the Trade Marks Act 2002; or
(e): rights under the Copyright Act 1994. Compare: 2002 No 49 s 88

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.

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.
(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.

Compare: 2003 No 51 s 332

41 Enforcement officer’s entry to premises restricted An enforcement officer may not enter any place except in the following circumstances:

(a): when the place is part of a clean zone; or
(b): when the place is outside a clean zone and it is a place 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

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

43 Notice of thing seized or covered under section 42

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

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.

under section 82. Compare: 2003 No 51 s 338

47 No liability if powers are exercised in good faith

(1): This section applies to—

(2): Noactionmaybetakenagainstapersontowhomthissection applies in relation to the exercise of his or her powers under this Act if he or she exercised those powers—

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

(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.

Compare: 2002 No 49 s 108

54 Rights of persons with interest in unauthorised representation or advertisement Every person who has an interest in the goods, material, 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.
(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.
(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.

Compare: 2002 No 49 s 110

58 Matters to be considered by court In considering what order, if any, should be made under sec tion 57, the court must consider—

(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

stop it. Compare: 2002 No 49 s 119

Subpart 6—Search warrants

67 Issue of warrant

(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

(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
(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

(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.

tion 1). Compare: 2003 No 12 s 139

78 Court order to be suspended on conviction

(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.

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

重大项目管理法2007，第35号（2008年8月1日）， 新西兰

可用资料

Reprint as at 1 August 2008

Major Events Management Act 2007

Note

1 Title

2 Commencement

Part 1 Preliminary provisions 3 Purposes

Interpretation

5 Status of examples

Part 2 Declaration of major event and protections for major events

7 Declaration of major event

8 Declaration of major event emblems and words

10 No representation of association with major event

11 Presumption if major event emblems or words are used

12 Exceptions to sections 10 and 11

15 Registering authority must not register in certain cases

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

Examples

Example 1: Clean zone and clean period

17 No street trading in clean zone without authorisation

Examples

Examples

Example 2

19 No advertising that is clearly visible from clean zone

Examples

Example 1

20 No advertising in clean transport route without authorisation

22 Exceptions to sections 18 to 20

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

25 Ticket-scalping protections

26 Offence and penalty for breach of section 25

27 Offence to invade pitch at major sporting event

Part 3 Permanently protected emblems and words

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

29 Authorisation by New Zealand Olympic Committee Incorporated

30 Exceptions to section 28

33 Injunction for breach of section 28

34 Registering authority must not register in certain cases

Part 4 Enforcement

36 Interrelationship of civil and criminal remedies under this Act

37 Application of Trade Marks Act 2002 to major event emblems and major event words

39 Authority to act as enforcement officer

42 Power of enforcement officer to seize or cover things

43 Notice of thing seized or covered under section 42

44 Uncovering of things covered under section 42

45 Return of things seized under section 42

46 Enforcement officers may issue formal warnings

47 No liability if powers are exercised in good faith

48 Functions and powers of Police

51 Unjustified civil proceedings

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

53 Order for erasure

55 Order to disclose information or publish advertisement

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

61 When order under section 57 takes effect

67 Issue of warrant

68 Powers conferred by warrant

69 Form and content of search warrant

70 Warrant must be produced

73 Matters that must be stated in list of documents

74 Duty to assist

75 Power to inspect and take copies of documents, etc, obtained under warrant

76 Disposal of things seized

77 Uncovering or disposal of things covered

78 Court order to be suspended on conviction

80 Power to amend Schedule

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

Schedule s 28 Olympic Games and Commonwealth Games emblems and words

Column A Column B

Contents

1 General

2 Status of reprints

3 How reprints are prepared

Changes made under section 17C of the Acts and Regulations Publication Act 1989

List of amendments incorporated in this reprint (most recent first)

重大项目管理法2007，第35号（2008年8月1日），新西兰