Flags, Emblems, and Names Protection Act 1981

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

  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

  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 four 5-pointed white stars

  the New Zealand White Ensign means the flag described in the Schedule of 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—

  • (a) the Registrar of Incorporated Societies under the Incorporated Societies Act 1908:

  • (b) the Registrar of Industrial and Provident Societies under the Industrial and Provident Societies Act 1908:

  • (c) the Registrar of Trade Unions under the Trade Unions Act 1908:

  • (d) the Registrar of Friendly Societies and Credit Unions under the Friendly Societies and Credit Unions Act 1982:

  • (e) the Commissioner of Designs under the Designs Act 1953:

  • (f) the Commissioner of Patents under the Patents Act 1953:

  • (g) the Commissioner of Trade Marks under the Trade Marks Act 2002:

  • (h) the Registrar of Companies under the Companies Act 1993:

  • (i) the Registrar of Incorporated Societies under Part 2 of the Charitable Trusts Act 1957:

  • (j) the Registrar of Building Societies under the Building Societies Act 1965:

  • (k) the Registrar of Unions under the Employment Relations Act 2000;—

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

  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 14 September 1939 at page 2496 under the heading “Royal New Zealand Air Force Ensign”.

  Section 2 Minister: substituted, on 22 October 2003, by section 3(1) of the Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

  Section 2 Ministry: inserted, on 22 October 2003, by section 3(2) of the Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

  Section 2 registering authority paragraph (d): substituted, on 22 October 2003, by section 3(3) of the Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).

  Section 2 registering authority paragraph (g): amended, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).

  Section 2 registering authority paragraph (h): substituted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

  Section 2 registering authority paragraph (k): substituted, on 22 October 2003, by section 3(3) of the Flags, Emblems, and Names Protection Amendment Act 2003 (2003 No 73).