Sport, Fitness, and Leisure Act 1987

  • repealed
  • Sport, Fitness, and Leisure Act 1987: repealed, on 1 January 2003, by section 63 of the Sport and Recreation New Zealand Act 2002 (2002 No 38).

Miscellaneous provisions

34 Protection of name

  • (1) No body shall be incorporated or registered, under any enactment or in any other manner,—

    • (a) Under the name Hillary Commission for Sport, Fitness, and Leisure; or

    • (b) Under any other name that so resembles the name of the Commission as to be likely to mislead any person.

    (2) No person other than the Commission shall, either alone or with any other person or persons,—

    • (a) Trade or carry on business under the name Hillary Commission for Sport, Fitness, and Leisure; or

    • (b) Trade or carry on business under any other name, knowing that the name so resembles the name of the Commission as to be likely to mislead any person.

    (3) Any person who contravenes subsection (2) of this section commits an offence and is liable on summary conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continued.

    (4) In any criminal proceedings in which a person is charged with having contravened subsection (2) of this section, it shall be a defence to the charge if that person proves that, either alone or with any other person or persons, that person has carried on business continuously under the name to which the charge relates since any date before the 1st day of June 1986.

    (5) Schedule 3 to the Flags, Emblems, and Names Protection Act 1981 is hereby amended by adding the following item:

    Sport, Fitness, and Leisure Act 1987: section 34Hillary Commission for Sport, Fitness, and Leisure.

    This Act was repealed as from 1 January 2003, by section 63 Sport and Recreation New Zealand Act 2002 (2002 No 38).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).

    Subsection (1)(a) was amended, as from 1 July 1992, by section 8(4)(a) Sport, Fitness, and Leisure Amendment Act 1992 (1992 No 18) by substituting the words “Sport, Fitness, and Leisure” for the words “Recreation and Sport”.

    Subsection (2)(a) was amended, as from 1 July 1992, by section 8(4)(b) Sport, Fitness, and Leisure Amendment Act 1992 (1992 No 18) by substituting the words “Sport, Fitness, and Leisure” for the words “Recreation and Sport”.

    Subsection (5) was amended, as from 1 July 1992, by section 2(5) Sport, Fitness, and Leisure Amendment Act 1992 (1992 No 18) by substituting the words “Sport, Fitness, and Leisure” for the words “Recreation and Sport” in the Short Title of the Sport, Fitness, and Leisure Act 1987. Section 4(4) of the 1992 Act substituted, as from 1 July 1992, the reference to the Hillary Commission for Sport, Fitness, and Leisure for a reference to the Hillary Commission for Recreation and Sport.