Flags, Emblems, and Names Protection Act 1981

20 Unauthorised use of certain commercial names

(1)

Subject to subsections (4) to (6), 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) applies, unless the association has been registered under that name, title, style, or designation in reliance on subsection (5).

(3)

Subsection (1) 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:

(r)

the name New Zealand Food Safety Authority:

(s)

the word NZFSA.

(4)

Subsections (1) and (2) 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) 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.

Section 20: replaced, on 1 July 1992, by section 46(1) of the Crown Research Institutes Act 1992 (1992 No 47).

Section 20(3)(r): added, on 7 July 2010, by section 4 of the Flags, Emblems, and Names Protection Amendment Act 2010 (2010 No 66).

Section 20(3)(s): added, on 7 July 2010, by section 4 of the Flags, Emblems, and Names Protection Amendment Act 2010 (2010 No 66).