Other matters

267 Protection of name

(1)

No body may be incorporated or registered under any enactment or in any other manner—

(a)

under the name “New Zealand Lotteries Commission”; or

(b)

under any other name that so resembles the name of the Lotteries Commission that it is likely to mislead any person.

(2)

No person other than the Lotteries Commission may, either alone or with any other person,—

(a)

trade or carry on business under the name “New Zealand Lotteries Commission” unless that person has carried on business continuously under the name of “New Zealand Lotteries Commission” since any date before 1 November 1986; or

(b)

trade or carry on business under any other name, knowing that the name so resembles the name of the Lotteries Commission that it is likely to mislead any person.

(3)

A person who contravenes subsection (2) commits an offence and is liable on conviction to,—

(a)

in the case of an individual,—

(i)

a fine not exceeding $5,000; and

(ii)

in the case of a continuing offence, a further fine not exceeding $500 for every day or part of a day during which the offence has continued:

(b)

in the case of a body corporate,—

(i)

a fine not exceeding $50,000; and

(ii)

in the case of a continuing offence, a further fine not exceeding $5,000 for every day or part of a day during which the offence has continued.

Section 267(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).