268 Protection of product names

(1)

No person other than the Lotteries Commission may, either alone or with any other person, promote, organise, or conduct any gambling—

(a)

under the product names specified in subsection (3); or

(b)

under any other name, knowing that the name so resembles a product name specified in subsection (3) that it is likely to mislead any person.

(2)

A person who contravenes subsection (1) commits an offence and is liable on conviction to,—

(a)

in the case of an individual, a fine not exceeding $5,000:

(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.

(3)

The specified product names are “Lotto Combo”, “Instant Kiwi”, and “Golden Kiwi”.

(4)

Nothing in this section prevents the use by any person of the words “Lotto”, “Combo”, “Instant”, “Golden”, or “Kiwi” separately.

Compare: 1977 No 84 ss 115A, 139

Section 268(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).