Flags, Emblems, and Names Protection Act 1981

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as at 29 August 2007

Flags, Emblems, and Names Protection Act 1981

Public Act1981 No 47
Date of assent15 October 1981

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice


Contents

Title

20AA Defence [Repealed]


An Act to declare the New Zealand Ensign to be the New Zealand Flag and to make provision relating to its use and to the use of certain other flags, and to make better provision for the protection of certain names and emblems of Royal, national, international, commercial, or other significance

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Flags, Emblems, and Names Protection Act 1981.

    (2) This Act shall come into force on the 1st day of January 1982.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Coat of Arms or arms means any object or figure, being a symbolic representation displayed in colours on a shield in conformity with the principles and rules of heraldry, with or without any crown, helmet, mantling, supporters, motto, or other accessories

    Emblem means any device, seal, mark, trade mark, badge, symbol, design, logotype, or other distinctive sign of identification; and includes any representation thereof, whether on any flag, banner, sign, or other printed or written material, or by way of any pictorial representation or other visual image, or otherwise

    Government department means any department, office, corporation, agency, or instrument of any kind of the legislative or executive or judicial Government of New Zealand; and includes any officer of the Crown

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    Minister: this definition was substituted, as from 22 October 2003, by section 3(1) Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

    Ministry means the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

    Ministry: this definition was inserted, as from 22 October 2003, by section 3(2) Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

    The New Zealand Red Ensign means the red ensign usually worn by merchant ships registered in the United Kingdom, with the addition on the fly thereof of the Southern Cross as represented by 4 5-pointed white stars

    The New Zealand White Ensign means the flag described in the Schedule to the New Zealand White Ensign Regulations 1968 (SR 1968/93)

    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

    Registering authority includes—

    and also includes any other officer acting on behalf of any officer referred to in any of paragraphs (a) to (k) of this definition

    Registering authority: paragraph (d) of this definition was substituted, as from 22 October 2003, by section 3(3) Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

    Registering authority: paragraph (g) of this definition was amended, as from 20 August 2003, by section 201 Trade Marks Act 2002 (2002 No 49) by substituting the words Trade Marks Act 2002 for the words Trade Marks Act 1953. See clause 2 Trade Marks Act 2002 Commencement Order 2003 (SR 2003/188).

    Registering Authority: paragraph (h) of this definition was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Registering authority: paragraph (k) of this definition was substituted, as from 22 October 2003, by section 3(3) Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

    Representation, in relation to any emblem or coat of arms, means any printed or other visual representation of the emblem or coat of arms

    Royal means relating to Her Majesty or any other member of the Royal Family

    The Royal New Zealand Air Force Ensign means the flag described in the notice published in the Gazette on the 14th day of September 1939 at page 2496 under the heading Royal New Zealand Air Force Ensign.

3 Act to bind Crown
  • This Act binds the Crown.

4 Administration of Act
  • (1) This Act, except section 20, shall be administered in the Ministry.

    (2) Section 20 of this Act shall be administered in the Ministry of Justice.

    Subsection (1) was amended, as from 22 October 2003, by section 4(1) Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73) by substituting the word Ministry for the words Department of Internal Affairs.

    Subsection (2) was amended, as from 22 October 2003, by section 4(2) Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73) by substituting the words Ministry of Justice for the words Department of Justice.

Part 1
The New Zealand Flag and Ensigns

5 New Zealand Ensign declared to be New Zealand flag
  • (1) The flag hitherto known as the New Zealand Ensign, being the flag depicted in Schedule 1 to this Act, is hereby declared to be the New Zealand Flag.

    (2) The New Zealand Flag shall be the symbol of the Realm, Government, and people of New Zealand.

    (3) The New Zealand Flag—

    • (a) Shall be the national flag of New Zealand for general use on land within New Zealand and, where appropriate for international purposes, overseas:

    • (b) Shall be the proper national colours to be worn by all New Zealand Government ships, and by such other New Zealand ships as may for the time being be authorised to wear the New Zealand Flag by or under the Ship Registration Act 1992.

    Compare: The Flags Act 1953 (Aust), s 3; 1952 No 49 s 5(1)(2)

    Subsection (3)(b) was amended, as from 29 October 1992, by section 88(2) Ship Registration Act 1992 (1992 No 89) by substituting the words Ship Registration Act 1992 for the words Shipping and Seamen Act 1952.

6 Ensigns of New Zealand
  • Subject to section 8 of this Act, nothing in this Part of this Act shall derogate from the use ascribed to—

    • (a) The New Zealand White Ensign by regulation 2(2) of the New Zealand White Ensign Regulations 1968 (SR 1968/93), which requires that flag to be worn by ships of the New Zealand Naval Forces and flown on naval establishments in accordance with Defence Council Orders issued under the Defence Act 1971:

    • (c) The Royal New Zealand Air Force Ensign, by Defence Council Orders issued under the Defence Act 1971.

    Paragraph (b) was substituted, as from 29 October 1992, by section 88(2) Ship Registration Act 1992 (1992 No 89) 1992 No 89.

7 Customs flag
  • Nothing in this Part of this Act shall derogate from the use ascribed to the Customs flag by section 8 of the Customs and Excise Act 1996.

    Section 7 was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27) by substituting the words section 8 of the Customs and Excise Act 1996 for the words section 11 of the Customs Act 1966.

8 Saving of Her Majesty's powers to approve alteration of New Zealand Flag
  • Nothing in this Part of this Act shall limit or affect Her Majesty's powers to approve, or authorise the approval of, the alteration of the New Zealand Flag for any official purposes by the placement thereon of any letter, emblem, or representation.

    Compare: The Flags Act 1953 (Aust), s 6

9 Use of alternative flags
  • (1) Notwithstanding anything in this Part of this Act or in any other Act but subject to subsection (2) of this section, the Governor-General may authorise the use on land—

    • (a) Of the New Zealand White Ensign instead of the New Zealand Flag where such use would have naval significance; or

    • (b) Of the New Zealand Red Ensign instead of the New Zealand Flag where such use would have maritime significance.

    (2) The Governor-General may authorise the use of a flag under subsection (1) only on the joint recommendation of the Minister and—

    • (a) the Minister of Defence if subsection (1)(a) applies; or

    • (b) the Minister of Transport if subsection (1)(b) applies.

    (3) Nothing in this Part of this Act or in any other Act shall limit or affect the customary use of the New Zealand Red Ensign (with or without the placement thereon of any letter, emblem, or representation) on places or occasions of Maori significance.

    Subsection (2) was substituted, as from 22 October 2003, by section 5 Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

10 Rules relating to flying of New Zealand Flag
  • (1) The Minister may from time to time, either generally or in any particular case, by notice in the Gazette or otherwise, in relation to Government land or buildings, prescribe—

    • (a) The days or occasions on which and the times during which the New Zealand Flag shall be flown:

    • (b) The manner in which the New Zealand Flag is to be flown, including the precedence it is to be accorded in relation to other specified flags or classes of flags:

    • (c) Without detracting from the general design depicted in Schedule 1 to this Act, the standard sizes, dimensions, proportions, and colours of the New Zealand Flag for all or any purposes or in all or any circumstances.

    (2) The Minister may, either in any notice issued under subsection (1) of this section or otherwise, set out for general information and guidance rules of conduct and the etiquette to be followed in the flying or other use of the New Zealand Flag; but no such rules shall have the force of law.

    (3) The notice referred to in Part A of Schedule 2 to this notice, which may hereafter be cited as the New Zealand Flag Notice 1977, shall be deemed for the purposes of this section to have been given under subsection (1) of this section.

    Compare: The Flags Act 1953 (Aust), s 7

    Subsection (1) was amended, as from 22 October 2003, by section 6 Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73) by omitting the words of Internal Affairs.

11 Offences involving New Zealand Flag
  • (1) Every person commits an offence against this Act who,—

    • (a) Without lawful authority, alters the New Zealand Flag by the placement thereon of any letter, emblem, or representation:

    • (b) In or within view of any public place, uses, displays, destroys, or damages the New Zealand Flag in any manner with the intention of dishonouring it.

    (2) In this section the New Zealand Flag means any flag of the design depicted in Schedule 1 to this Act or of any other design that so closely resembles it as to be likely to cause any person to believe that it is the design depicted in that Schedule.

    (3) In any prosecution for an offence against this section the onus of proving that any alteration of the New Zealand flag was lawfully authorised shall be on the defendant.

    Compare: 1952 No 49 s 5(4)

Part 2
Royal, vice-regal, State, and heraldic emblems and names

12 Unauthorised use of Royal and vice-regal emblems
  • (1) Every person commits an offence against this Act who, without the authority of Her Majesty or (as the case may require) the Governor-General, displays or exhibits or otherwise uses any representation to which this subsection applies in such a manner as to be likely to cause any person to believe that he does so under the authority, sanction, approval, appointment, or patronage of Her Majesty or the Governor-General.

    (2) Subsection (1) of this section applies to the following:

    • (a) Any representation of the Coat of Arms of Her Majesty or any other member of the Royal Family:

    • (b) Any representation of any Royal crown or Royal coronet or Royal cypher or Royal badge:

    • (c) Any representation of the Royal Standard, or the Sovereign's personal flag for New Zealand:

    • (d) Any representation of the Governor-General's flag:

    • (e) Any representation that so closely resembles any thing referred to in any of paragraphs (a) to (d) of this subsection as to be likely to cause any person to believe that it is that thing.

    (3) In any prosecution for an offence against this section the onus of proving that any representation was used with the authority of Her Majesty or the Governor-General shall be on the defendant.

    (4) Nothing in this section shall limit or affect—

    • (b) section 24 of the Trade Marks Act 2002 (which relates to the representation in trade marks of Her Majesty or any members of the Royal Family).

    Subsection (4)(b) was substituted, as from 20 August 2003, by section 201 Trade Marks Act 2002 (2002 No 49). See clause 2 Trade Marks Act 2002 Commencement Order 2003 (SR 2003/188).

13 Unauthorised use of State emblems
  • (1) Subject to subsection (3) of this section, every person commits an offence against this Act who displays or exhibits or otherwise uses any representation to which this subsection applies in such a manner as to be likely to cause any person to believe that he does so under the authority, sanction, approval, appointment, or patronage of Her Majesty's Government, or of any Minister of the Crown, or of any Government department.

    (2) Subsection (1) of this section applies to the following:

    • (a) Any representation of the Coat of Arms of New Zealand:

    • (b) Any representation of the Seal of New Zealand:

    • (c) Any representation of any emblem or official stamp of any Government department:

    • (d) Any representation that so closely resembles any thing referred to in any of paragraphs (a) to (c) of this subsection as to be likely to cause any person to believe that it is that thing.

    (3) Subsection (1) of this section does not apply to the use of any representation—

    • (a) Authorised by or under any other Act; or

    • (b) With the prior written consent of the Minister; or

    • (c) By an officer of the Crown acting in the course of his official duties.

14 Unauthorised use of words suggesting Royal or government patronage
  • (1) Subject to subsection (4) of this section, every person commits an offence against this Act who—

    • (a) Causes any association (whether incorporated or unincorporated) to be formed under any name, title, style, or designation that includes any word or statement to which this subsection applies; or

    • (b) Publicly uses in connection with any business, trade, or occupation any word or statement to which this subsection applies.

    (2) Every association (whether incorporated or unincorporated) commits an offence against this Act which carries on its activities under any name, title, style, or designation that includes any word or statement to which subsection (1) of this section applies.

    (3) Subsection (1) of this section applies to the following:

    • (a) The word Royal:

    • (b) The word Government:

    • (c) Any other word or statement that claims or implies the patronage of—

      • (i) Her Majesty or any other member of the Royal Family; or

      • (ii) The Governor-General; or

      • (iii) The House of Representatives; or

      • (iv) The Government; or

      • (v) Any Minister of the Crown; or

      • (vi) Any Government department:

    • (d) Any word or statement that claims or implies connection with any society or body incorporated by Royal Charter.

    (4) Subsection (1) of this section does not apply to the use of any word or statement—

    • (a) Expressly authorised by or under any other Act, or by—

      • (i) Her Majesty or the Governor-General in any case to which paragraph (a) of subsection (3) of this section applies; or

      • (ii) Her Majesty, in any case to which subparagraph (i) of paragraph (c) of that subsection applies; or

      • (iii) The Governor-General, in any case to which subparagraph (ii) of that paragraph applies; or

      • (iv) The Speaker of the House of Representatives, in any case to which subparagraph (iii) of that paragraph applies; or

      • (vi) The appropriate Minister of the Crown, in any case to which subparagraph (v) or subparagraph (vi) of paragraph (c) of subsection (3) of this section applies; or

    • (b) That comprises the whole or part of the proper name of any town or road or other place, and that name is or is to be used in full by the association or (as the case may be) the person engaging in the business, trade, or occupation; or

    • (c) That is the surname (not being a surname taken or used for the purpose of defeating the intention of this section) of a foundation member of the association or (as the case may be) of the person engaging in the business, trade, or occupation.

    Subsection (4)(a)(v) was substituted, as from 22 October 2003, by section 7 Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

15 Advertisements claiming Government patronage
  • (1) Without limiting section 14 of this Act, every person (in this subsection called the advertiser) commits an offence against this Act who publishes or causes to be published any advertisement that is likely to cause any person to believe, contrary to the fact, that the advertiser—

    • (a) Has supplied, or is supplying, or is to supply, any goods or services to any Government department; or

    • (b) Has carried out, or is carrying out, or is to carry out, any work for any Government department.

    (2) In this section the term advertisement means any words, whether written or printed or spoken, and any pictorial representation or design or device, and any visual image, used to notify the availability or explain the use or promote the sale of any goods or services, or to obtain work.

Part 3
Provisions relating to certain other names, emblems, and words

16 Unauthorised use of name and emblem of United Nations and other international organisations
  • (1) Every person commits an offence against this Act who displays or exhibits or otherwise uses the name or emblem of the United Nations, or any word or words that incorporate that name or any such abbreviation or variation, without the authority of the Secretary-General of the United Nations.

    (2) The Minister may from time to time, after consultation with any other appropriate Minister, by notice in the Gazette, prohibit, regulate, or control the use of any emblem or name of—

    • (a) Any specialised agency brought into relationship with the United Nations in pursuance of Article 57 of the Charter of the United Nations; or

    • (b) Any other international organisation or authority.

    (3) Every person commits an offence against this Act who uses any name or emblem in contravention of any provision of a notice given under subsection (2) of this section.

    (4) In any prosecution for an offence against subsection (1) of this section, the onus of proving that the act complained of was done with the authority of the Secretary-General of the United Nations shall be on the defendant.

    (5) The notices specified in Part B of Schedule 2 to this Act shall be deemed for the purposes of this section to have been given under subsection (2) of this section and shall continue in force notwithstanding the repeal by the Summary Offences Act 1981 of the Police Offences Act 1927 and section 38 of the Statutes Amendment Act 1948.

    Subsection (2) was amended, as from 22 October 2003, by section 8 Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73) by omitting the words of Internal Affairs.

17 Use of the word Anzac
  • (1) The Governor-General may from time to time, by Order in Council, prohibit, regulate, or control the use in connection with any business, trade, or occupation of the word Anzac or of any other word that so closely resembles the word Anzac as to be likely to deceive or mislead any person.

    (2) Every person commits an offence against this Act who uses the word Anzac or any other word that so closely resembles the word Anzac as to be likely to deceive or mislead any person in contravention of any provision of an order made under subsection (1) of this section.

    (3) The notices specified in Part C of Schedule 2 to this Act shall be deemed for the purposes of this section to be orders made under subsection (1) of this section.

18 Unauthorised use of name Returned Services' Association
  • (1) Subject to subsection (3) of this section, every person commits an offence against this Act who causes any association (whether incorporated or unincorporated) to be formed—

    • (a) Under the name, title, style, or designation of Returned Services' Association or any other name, title, style, or designation that includes those words or the words Returned Services; or

    • (b) Under any name, title, style, or designation that contains the initials RSA if the use of that name is likely to lead any person to believe that the association consists of returned servicemen.

    (2) Every association (whether incorporated or unincorporated) commits an offence against this Act which carries on its activities under any name, title, style, or designation referred to in paragraph (a) or paragraph (b) of subsection (1) of this section.

    (3) Subsections (1) and (2) of this section do not apply to the use of any name, title, style, or designation—

    • (a) With the prior consent of the Governor-General in Council; or

    • (b) By—

      • (i) The Royal New Zealand Returned and Services' Association Incorporated; or

      • (ii) Any association whose members include returned servicemen that is a member of or is affiliated to that Association; or

      • (iii) Any branch of any such association; or

      • (iv) Any association whose members include returned servicemen, current servicemen, or former servicemen and which has been approved for the purposes of this section by the Royal New Zealand Returned and Services' Association Incorporated; or

    • (c) By any association that was registered before the passing of the Police Offences Amendment Act 1956 if the association was formed under the name, title, style, or designation or was using the name, title, style, or designation immediately before the passing of that Act.

    Subsection (3)(a) was amended, as from 15 December 2005, by section 3(a) Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102) by substituting the expression ; or for the expression :.

    Subsection (3)(b)(i) was amended, as from 15 December 2005, by section 3(b) Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102) by substituting the words Royal New Zealand Returned and Services' Association for the words New Zealand Returned Services' Association.

    Subsection (3)(b)(ii) was amended, as from 15 December 2005, by section 3(c) Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102) by substituting the words whose members include for the words of which at least half the members are.

    Subsection (3)(b)(iv) was amended, as from 15 December 2005, by section 3(d) Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102) by substituting the words whose members include for the words of which at least half the members are.

    Subsection (3)(b)(iv) was amended, as from 15 December 2005, by section 3(e) Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102) by substituting the words Royal New Zealand Returned and Services' Association for the words New Zealand Returned Services' Association.

    Subsection (3)(b)(iv) was amended, as from 15 December 2005, by section 3(f) Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102) by substituting the expression ; or for the expression :.

19 Protection of names, uniforms, etc, of Girl Guides Association and Toc H, Incorporated
  • (1) Every person commits an offence against this Act who uses—

    • (a) Any name, designation, uniform, or badge to which this subsection applies; or

    • (b) Any name, designation, uniform, or badge that so closely resembles any name, designation, uniform, or badge to which this subsection applies in such a manner as to be likely to lead any person to believe that it is such a thing,—

    without the authority of the Girl Guides Association or (as the case may require) Toc H, Incorporated.

    (2) Subsection (1) of this section applies to—

    • (a) The name Girl Guides Association and the names, designations, and badges specified in the Schedule to the first order referred to in Part D of Schedule 2 to this Act:

    • (b) The name Toc H and the button-badge described in paragraph (b) of the second order referred to in Part D of that Schedule.

    (3) The orders referred to in Part D of Schedule 2 to this Act shall be deemed to have been made under this Act and shall continue to have effect according to their tenor notwithstanding the repeal by section 27 of this Act of the Chartered Associations (Protection of Names and Uniforms) Act 1930.

    (4) The Governor-General may from time to time, by Order in Council made on the advice of the Minister and at the request of the Girl Guides Association or (as the case may require) Toc H, Incorporated,—

    • (a) Amend either or both of the orders referred to in Part D of Schedule 2 to this Act, by adding to or deleting from the order any name, designation, uniform, or badge; or

    • (b) Revoke either or both of those orders, with or without making another order in substitution therefor.

20 Unauthorised use of certain commercial names
  • (1) Subject to subsections (4) to (6) of this section, every person commits an offence against this Act who—

    • (a) Causes any association (whether incorporated or unincorporated) to be formed under any name, title, style, or designation—

      • (i) That includes any word or name to which this subsection applies; or

      • (ii) That so closely resembles any word or name to which this subsection applies as to be likely to deceive or mislead any person; or

    • (b) Publicly uses in connection with any business, trade, or occupation—

      • (i) Any word or name to which this subsection applies; or

      • (ii) Any word or name that so closely resembles any word or name to which this subsection applies as to be likely to deceive or mislead any person.

    (2) Every association (whether incorporated or unincorporated) commits an offence against this Act which carries on its activities under any name, title, style, or designation that includes any word or name to which subsection (1) of this section applies, unless the association has been registered under that name, title, style, or designation in reliance on subsection (5) of this section.

    (3) Subsection (1) of this section applies to the following:

    • (a) The word DSIR:

    • (b) The name Department of Scientific and Industrial Research:

    • (c) The word Ruakura:

    • (d) The name Wheat Research Institute:

    • (e) The name New Zealand Soil Bureau:

    • (f) The name New Zealand Oceanographic Institute:

    • (g) The name Soil Conservation Centre:

    • (h) The name Physics and Engineering Laboratory:

    • (i) The name Institute of Nuclear Sciences:

    • (j) The name Dominion Physical Laboratory:

    • (k) The word NECAL:

    • (l) The word NZGS:

    • (m) The name Animal Research Laboratory:

    • (n) The name Agricultural Research Centre:

    • (o) The name Management Consultancy Services:

    • (p) The word MAF:

    • (q) The name New Zealand Communicable Disease Centre.

    (4) Subsections (1) and (2) of this section do not apply to the use of any word or name where that use is expressly authorised by or under any other Act or by the Governor-General by Order in Council.

    (5) A registering authority may authorise the registration of any association under any name, title, style, or designation that includes any word or name to which subsection (1) of this section applies if the Registrar is satisfied that—

    • (a) The word or name comprises the whole or part of the proper name of any town or road or other place, and that the name is or is to be used in full by the association; or

    • (b) The word or name is the surname (not being a surname taken or used for the purpose of defeating the intention of this section) of a foundation member of the company or incorporated society;—

    and, in the context in which it is used or is intended to be used, is not likely to deceive any person.

    (6) Nothing in this section shall prohibit or affect the use by any person of any name, title, style, designation, or word if, immediately before the commencement of this section, that use was expressly authorised by any consent, permission, approval, or authority given by any person lawfully entitled to give it.

    Subsection (3)(a) was repealed, as from 1 April 1987, by section 13 Reserve Bank of New Zealand Amendment Act 1986 (1986 No 131).

    Section 20 was substituted, as from 1 July 1992, by section 46(1) of the Crown Research Institutes Act 1992 (1992 No 47).

20A Unauthorised use of emblems, words, and names relating to Olympic Games and Commonwealth Games
  • [Repealed]

    Section 20A: repealed, on 29 August 2007, by section 83 of the Major Events Management Act 2007 (2007 No 35).

20AA Defence
  • [Repealed]

    Section 20AA: repealed, on 29 August 2007, by section 83 of the Major Events Management Act 2007 (2007 No 35).

20B Injunction for breach of section 20A
  • [Repealed]

    Section 20B: repealed, on 29 August 2007, by section 83 of the Major Events Management Act 2007 (2007 No 35).

Part 4
Miscellaneous provisions

21 Registering authority not to register in certain cases
  • (1) Where any Act provides for the registration of any association, then, except as provided in section 20(5) of this Act but notwithstanding anything in that Act, the registering authority shall not register any association under that Act under a name, title, style, or designation if the use by that association of that name, title, style, or designation, or of any word comprising part of that name, title, style, or designation, would constitute an offence against any of the provisions of this Act.

    (2) Where any Act provides for the registration of any emblem, then, notwithstanding anything in that Act, the registering authority shall not register any emblem on the application of any person if the use of that emblem by that person would constitute an offence against any of the provisions of this Act.

22 Existing rights protected
  • Nothing in this Act shall prohibit or affect the use by any person of any emblem, name, representation, or word if, immediately before the commencement of this Act, that use was expressly authorised by any consent, permission, approval, or authority given by any person lawfully entitled to give it.

23 Emblems and names protected under other Acts
  • Nothing in this Act shall limit or affect any of the enactments specified in Schedule 3 to this Act relating to the protection of various emblems and names.

24 General Penalty
  • Every person who commits an offence against this Act is liable on summary conviction,—

    • (a) In the case of an individual, to a fine not exceeding $5,000:

    • (b) In the case of a body corporate, to a fine not exceeding $50,000 and, where the offence is a continuing one, to a further fine not exceeding $5,000 for every day during which the offence has continued.

    Section 24 was substituted, as from 19 December 1998, by section 3 Flags, Emblems, and Names Protection Amendment Act 1998 (1998 No 121).

25 Consent of Attorney-General required to certain prosecutions
  • No information for an offence against any of sections 11 to 15 of this Act shall be laid without the consent of the Attorney-General.

26 Liability of officers of associations
  • Where any association (whether incorporated or unincorporated) is guilty of an offence against this Act, every officer or other person concerned in the management of the association shall be guilty of a like offence if it is proved that the act that constituted the offence took place with his authority, permission, or consent, or that he knew the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.

26A Power to amend Schedule 2A
  • The Governor-General may, from time to time, by Order in Council,—

    • (a) Amend Schedule 2A by adding, omitting, or amending the specification or description of any emblem, word, or name:

    • (b) Revoke Schedule 2A or a Part of Schedule 2A and substitute a new Schedule 2A or a new Part of Schedule 2A.

    Section 26A was inserted, as from 19 December 1998, by section 4 Flags, Emblems, and Names Protection Amendment Act 1998 (1998 No 121).

27 Amendments and repeals
  • (1) The enactments specified in the first column of Schedule 4 to this Act are hereby amended in the manner specified in the second column of that Schedule.

    (2) The enactments specified in Schedule 5 to this Act are hereby repealed.


Schedule 1
The New Zealand Flag

Section 5(1)

.

Schedule 2
Orders and notices deemed to have been made or given under this Act

A

Section 10(3)

TitleReference
Days on Which New Zealand Ensign is to be Flown on Government BuildingsGazette, 1977, at page 643.

B

Section 16(5)

TitleReference
Prohibition of Use of Emblem, Official Seal, or Name of the World Health OrganisationGazette, 1950, at page 8.
The ICAO Official Emblem and Seal Notice 1958Gazette, 1958, at page 174,
The International Atomic Energy Agency Name and Emblem Notice 1961SR 1961/93.
The International Criminal Police Organisation Name Notice 1962SR 1962/69.
The United Nations Educational, Scientific and Cultural Organisation Name and Emblem Notice 1966SR 1966/12.
The World Bank Group Names and Emblems Notice 1966SR 1966/13.
The World Meteorological Organisation Name and Emblem Notice 1968SR 1968/126.

C

Section 17(3)

TitleReference
Prohibiting the Use of the Word AnzacGazette, 1916, at page 2893.
Amending Notice as to the Use of the Word AnzacGazette, 1916, at page 3765.

D

Section 19(2), (3)

TitleReference
Protection of Names, Badges, &c, of Girl Guides AssociationGazette, 1931, at page 1542.
Protection of Name and Badge of Toc H, IncorporatedGazette, 1939, at page 2011

Schedule 2A
Olympic Games and Commonwealth Games emblems, words, and names

Section 20A

[Repealed]

  • Schedule 2A: repealed, on 29 August 2007, by section 83 of the Major Events Management Act 2007 (2007 No 35).


Schedule 3
Enactments and Orders (relating to protection of certain emblems, names, and words) preserved

Section 23

Enactment or OrderEmblem, Name, or Words Protected
Police Regulations 1949 (Reprinted with amendments Nos 1-24: SR 1985/259): Regulation 93BThe Police crest and badge: s 2 of 1985 No 176.
The Returned Services Associations Badge Order 1950 (Gazette, 1950, at p 1870)Badge of the Returned Services Associations.
The Prohibited Marks Order 1957 (SR 1957/179)Green Cross for Safety symbol.
The Geneva Conventions Act 1958: section 8

Red Cross or Geneva Cross.

Red Crescent.

Red Lion and Sun.

  
  
The Prohibited Marks Order 1961 (SR 1961/120)Symbol of the International Olympic Committee.
The Scout Association of New Zealand Amendment Act 1967: section 5Scout Association.
Racing Act 2003: section 24

New Zealand Racing Board, Totalisator Agency Board, TAB, Racing Conference, New Zealand Thoroughbred Racing, Trotting Conference, Harness Racing New Zealand, and New Zealand Greyhound Racing Association

  
Testing Laboratory Registration Act 1972: section 29Testing Laboratory Registration: s 2 of 1985 No 176.
The Housing Corporation Act 1974: section 43Housing New Zealand Corporation and Housing Corporation of New Zealand.
The New Zealand Export-Import Corporation Act 1974: section 30New Zealand Export-Import Corporation.
The Tourist Hotel Corporation Act 1974: section 3Tourist Hotel Corporation of New Zealand.
The Local Government Act 1974: section 696Coats of Arms of city, borough, county, district, town, regional, and united councils.
The Commonwealth Games Symbol Protection Act 1974The Xth British Commonwealth Games Symbol.
The Broadcasting Act 1976: section 15Broadcasting Corporation of New Zealand.
  
The New Zealand Film Commission Act 1978: section 34New Zealand Film Commission.
Prohibited Marks Order 1982 (SR 1982/127)TELARC: s 2 of 1985 No 176.
  
Museum of New Zealand Te Papa Tongarewa Act 1992: section 23Museum of New Zealand, Te Papa Tongarewa, National Art Gallery, National Museum: (as from 1/7/92) s 33(1) of 1992 No 19 (Museum of New Zealand Te Papa Tongarewa Act 1992).
National War Memorial Act 1992: section 15National War Memorial, War Memorial, Carillon, and Hall of Memories:(as from 1/7/92) s 16 of 1992 No 20 (National War Memorial Act 1992).
The New Zealand Antarctic Institute Act 1996: section 11New Zealand Antarctic Institute, Ross Dependency Research Committee, New Zealand Antarctic Programme.
The Children's Health Camps Board Dissolution Act 1999: section 14Emblem of the King George the Fifth Memorial Children's Health Camps Federation.
Sport and Recreation New Zealand Act 2002: section 12Sport and Recreation New Zealand.
The Gambling Act 2003: section 267New Zealand Lotteries Commission
The Gambling Act 2003: section 268Golden Kiw
  • The item relating to the Gambling Act 2003 was inserted, as from 1 July 2004, by section 374 Gambling Act 2003 (2003 No 51). See sections 376 and 377 of that Act for the savings and transitional provisions. See clause 2(3) Gambling Act Commencement Order 2003 (SR 2003/384).

  • The item relating to the Gaming and Lotteries Act 1977 was repealed, as from 1 July 2004, by section 374 Gambling Act 2003 (2003 No 51). See sections 376 and 377 of that Act for the savings and transitional provisions. See clause 2(3) Gambling Act Commencement Order 2003 (SR 2003/384).

  • The item relating to section 43 Housing Corporation Act 1974 was amended, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37) by inserting the words Housing New Zealand Corporation and.

  • The item relating to section 29 Racing Act 1971 was repealed, as from 1 August 2003, by section 69(1) Racing Act 2003 (2003 No 3). See sections 71 to 81 of that Act as to the transitional provisions.

  • An item relating to section 24 Racing Act 2003 was inserted, as from 1 August 2003, by section 69(1) Racing Act 2003 (2003 No 3). See sections 71 to 81 of that Act as to the transitional provisions.

  • An item relating to the Sport, Fitness, and Leisure Act 1987 was omitted, as from 1 January 2003, by section 62 Sport and Recreation New Zealand Act 2002 (2002 No 38). See clause 2 Sport and Recreation New Zealand Act Commencement Order 2002 (SR 2002/376).

  • The item relating to the Sport and Recreation New Zealand Act 2002 was inserted, as from 1 January 2003, by section 62 Sport and Recreation New Zealand Act 2002 (2002 No 38). See clause 2 Sport and Recreation New Zealand Act Commencement Order 2002 (SR 2002/376).


Schedule 4
Enactments consequentially amended

Section 27(1)

  • Schedule 4 was amended, as from 1 February 1995, by section 202 Maritime Transport Act 1994 (1994 No 104) by omitting the item relating to the Shipping and Seamen Act 1952 (1952 No 49). See clause 2 Maritime Transport Act Commencement Order 1994 (SR 1994/272). Note: this item had previously been repealed, as from 29 October 1992, by section 88(2) Ship Registration Act 1992 (1992 No 89).

  • Schedule 4 was amended, as from 1 July 1992, by section 33(2) Museum of New Zealand Te Papa Tongarewa Act 1992 (1992 No 19) by omitting so much as relates to the National Art Gallery, Museum, and War Memorial Act 1972.

  • Schedule 4 was amended, as from 21 April 2005, by section 67(1) Public Records Act 2005 (2005 No 40) by repealing so much as relates to the Archives Act 1957.

EnactmentAmendment
  
1953, No 64—The Patents Act 1953

By repealing section 107, and substituting the following section:

107 Protection of Royal Arms, etc.
  • The grant of a patent under this Act shall not in itself authorise the patentee to use or place on any patented article any representation specified in sections 12 to 15 of the Flags, Emblems, and Names Protection Act 1981.

1953, No 66—The Trade Marks Act 1953

By repeating paragraphs (a) to (i) of section 21(1), and substituting the following paragraph:

  • (a) Any representation or word referred to in any of sections 12 to 15 of the Flags, Emblems, and Names Protection Act 1981:.

1957, No 13—The Archives Act 1957 

Schedule 5
Enactments repealed

Section 27(2)

  • 1930, No 15—The Chartered Associations (Protection of Names and Uniforms) Act 1930. (1957 Reprint, Vol 1, p 835.)

  • 1939, No 39—The Statutes Amendment Act 1939: section 57. (Reprinted 1973, Vol 2, p 1635.)

  • 1948, No 77—The Statutes Amendment Act 1948: section 38. (Reprinted 1973, Vol 2, p 1636.)


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Flags, Emblems, and Names Protection Act 1981. It incorporates all the amendments to the Flags, Emblems, and Names Protection Act 1981 as at 29 August 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 18 August 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint
(most recent first)
  • Major Events Management Act 2007 (2007 No 35): section 83