New Zealand Legislation: Acts

63A Application for registration of party logo

• (1) An application for the registration for the purposes of this Act of a party logo of a political party may be made to the Electoral Commission—

  • (a) by the secretary of the party; or

  • (b) by any member of Parliament who is a current financial member of that party.

  (2) An application for the registration for the purposes of this Act of the logo of a political party—

  • (a) shall be in writing; and

  • (b) shall be signed by the applicant; and

  • (c) shall be accompanied—

    • (i) by 2 identical representations of the party logo, which representations shall be in a form satisfactory to the Electoral Commission and shall show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and

    • (ii) by 2 copies of a black and white reproduction of the party logo, which reproduction shall be in a form satisfactory to the Electoral Commission; and

  • (d) shall be accompanied by a declaration, made by the applicant in the manner prescribed by section 9 of the Oaths and Declarations Act 1957, that the use of that logo by that political party will not be an infringement of an intellectual property right of any person or a breach of any enactment; and

  • (da) if the application is made by a political party that is not registered under this Part, must be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must state that the party intends, at general elections, to have 1 or more constituency candidates stand for the party or for a related political party; and

  • (e) shall—

    • (i) set out the name and address of the applicant and the capacity in which he or she makes the application; and

    • (ii) where the applicant is not the secretary of the party, set out the name and address of the secretary of the party.

  (3) Upon receipt of an application for registration of a party logo, the Electoral Commission shall deal with the application in accordance with this Part and determine whether the party logo can be registered.

  (4) Notwithstanding subsection (3), the Electoral Commission shall not be obliged to deal with any application for registration of a party logo if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party logo and the Electoral Commission is satisfied that the application is made by that person on behalf of the party.

  Section 63A: inserted, on 6 December 1995, by section 16 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

  Section 63A(2)(c)(ii): amended, on 28 February 2002, by section 14(1) of the Electoral Amendment Act 2002 (2002 No 1).

  Section 63A(2)(da): inserted, on 28 February 2002, by section 14(2) of the Electoral Amendment Act 2002 (2002 No 1).