New Zealand Legislation: Acts

8 Use of Red Cross and other emblems

• (1) Subject to the provisions of this section, it shall not be lawful for any person, without the authority of the Minister of Defence or a person authorised by him in writing to give consent under this section, to use for any purpose whatsoever any of the following emblems, designations, designs, or wordings, that is to say:

  • (a) The emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross” or “Geneva Cross”:

  • (b) The emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation “Red Crescent”:

  • (c) The following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion's back, the upper half of the sun shooting forth rays, or the designation “Red Lion and Sun”:

  • (d) Any design consisting of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem:

  • (e) Any design or wording so nearly resembling any of the emblems or designations specified in the foregoing provisions of this subsection as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems.

  (2) If any person contravenes the foregoing provisions of this section he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding $1,000 and to forfeit any goods upon or in connection with which the emblem, designation, design, or wording was used.

  (3) The Minister of Defence or a person authorised by that Minister to give consents under this section shall not refuse to give such a consent, and shall not withdraw such a consent, except for the purpose of giving effect to the provisions of the Conventions or of the Protocols.

  (4) In the case of a trade mark registered before the passing of this Act, the foregoing provisions of this section shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in paragraph (b) or paragraph (c) of subsection (1) of this section.

  (5) Where a person is charged with using a design or wording to which subsection (4) of this section applies for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark registered as aforesaid, it shall be a defence for him to prove—

  • (a) That he lawfully used that design or wording for that purpose before the passing of this Act; or

  • (b) In a case where he is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the passing of this Act.

  (6) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

  (7) This section extends to the use in or outside New Zealand of an emblem, designation, design, or wording referred to in subsection (1) of this section on any New Zealand ship or New Zealand aircraft.

  (8) No one shall be prosecuted for an offence under this section without the leave of the Attorney-General.

  (9) Subsection (2) of section 18 of the Trade Marks Act 1953 is hereby consequentially repealed.

  Subsection (2) was amended, as from 10 July 1987, by section 5(1) Geneva Conventions Amendment Act 1987 (1987 No 144) by substituting the expression “$1,000” for the expression “$100”.

  Subsection (3) was amended, as from 10 July 1987, by section 5(2) Geneva Conventions Amendment Act 1987 (1987 No 144) by inserting the words “or of the Protocols”.