(1) The Governor-General may, by Order in Council made on the recommendation of the Economic Development Minister after consultation with the Commerce Minister and the Sports Minister, declare that an event is a major event.

(2) An Order in Council under subsection (1) must identify the major event and the major event organiser.

(3) The Economic Development Minister may only make a recommendation if—

• (a) an event organiser has applied for an event to be declared to be a major event under this Act; and

• (b) the event activities will take place, at least in part, in New Zealand; and

• (c) the Minister is satisfied that the event organiser has the capacity and the intention to—

  • (i) successfully and professionally stage and manage the event; and

  • (ii) use all practicable measures available under the existing law to prevent unauthorised commercial exploitation of the major event and to protect its intellectual property and other legal rights (including, for example, registering relevant trade marks).

(4) Before making a recommendation, the Economic Development Minister must take into account whether the event will—

• (a) attract a large number of international participants or spectators and therefore generate significant tourism opportunities for New Zealand:

• (b) significantly raise New Zealand's international profile:

• (c) require a high level of professional management and co-ordination:

• (d) attract significant sponsorship and international media coverage:

• (e) attract large numbers of New Zealanders as participants or spectators:

• (f) offer substantial sporting, cultural, social, economic, or other benefits for New Zealand or New Zealanders.

(1) The Governor-General may, by Order in Council made on the recommendation of the Economic Development Minister, declare any or all of the following:

• (a) an emblem to be a major event emblem:

• (b) a word, words if combined with other words, or a combination of words to be a major event word or major event words.

(2) The Economic Development Minister may only make a recommendation after consultation with—

• (a) the Commerce Minister; and

• (b) the major event organiser; and

• (c) persons the Minister considers are likely to be substantially affected by the recommendation.

(3) Before making a recommendation, the Economic Development Minister must take into account the extent to which, in relation to the major event, emblems and words require protection in order to—

• (a) obtain maximum benefits for New Zealanders:

• (b) prevent unauthorised commercial exploitation at the expense of either a major event organiser or a major event sponsor.

(4) A failure to comply with subsection (2)(c) does not affect the validity of an Order in Council made under subsection (1).

(1) An Order in Council under section 8(1) must identify the relevant major event and declare the protection period for the major event.

(2) The major event's protection period need not be limited to the period when major event activities are to occur, but cannot end later than 30 days after the completion or termination of all major event activities.

(1) No person may, during a major event's protection period, make any representation in a way likely to suggest to a reasonable person that there is an association between the major event and—

• (a) goods or services; or

• (b) a brand of goods or services; or

• (c) a person who provides goods or services.

(2) In subsection (1), a person who makes a representation includes a person who—

• (a) pays for, commissions, or authorises the representation; or

• (b) receives consideration for the placement or the location of the representation.

(1) The court may presume that a representation is in breach of section 10 if it includes any of the following:

• (a) a major event emblem; or

• (b) a major event word or major event words; or

• (c) a representation that so closely resembles a major event emblem, a major event word, or major event words as to be likely to deceive or confuse a reasonable person.

(2) Subsection (1) applies even if the representation is qualified by words like “unauthorised” or “unofficial”, or other words that are intended to defeat the purpose of section 10.

(1) Sections 10 and 11 do not apply if—

• (a) the association between the major event and the goods, services, brand of goods or services, or person who provides goods or services has the written authorisation of the major event organiser; or

• (b) the representation has the written authorisation of the major event organiser; or

• (c) the representation is of personal opinion made by a natural person for no commercial gain; or

• (d) in accordance with honest practices in industrial or commercial matters, the representation—

  • (i) is necessary to indicate the intended purpose of goods or services; or

  • (ii) is made by an existing organisation continuing to carry out its ordinary activities; or

  • (iii) is for the purposes of reporting news, information, criticism, or a review (including promoting that news, information, criticism, or review) in a newspaper or magazine, or by means of television, radio, film, the Internet, or other means of reporting; or

  • (iv) in the case of a word or emblem (provided that the word or emblem is not being used in combination with other words or emblems with the intention of suggesting an association that breaches section 10), comprises the whole or part of—

    • (A) the proper name of any town or road or other place in New Zealand; or

    • (B) the legal or trade name (not being used for the purpose of defeating the intention of this subpart) of the person making the representation; or

    • (C) an existing registered trade mark.

(2) Nothing in subsection (1)(d)(iii) authorises a person to make a representation in a way likely to suggest to a reasonable person that there is an association between news, information, criticism, or a review about a major event and—

• (a) goods or services; or

• (b) a brand of goods or services; or

• (c) a person who provides goods or services.

(1) Every person commits an offence who knowingly breaches section 10.

(2) Every person commits an offence who, knowing that a representation that breaches section 10 has been made in relation to or applied to goods,—

• (a) imports those goods into New Zealand for the purpose of trade or manufacture; or

• (b) sells those goods, or exposes those goods for sale; or

• (c) possesses those goods for the purpose of trade or manufacture.

(3) Every person who commits an offence against subsection (1) or (2) is liable on summary conviction to a fine not exceeding $150,000.

(1) It is a defence to an action or a prosecution for a breach of section 10, in relation to a representation that is an advertisement, if the defendant proves—

• (a) that the defendant's business includes publishing or arranging for the publication of advertisements; and

• (b) that the defendant received the representation in the ordinary course of that business and did not know, and had no reason to believe, that publishing it would constitute a breach of section 10.

(2) This section overrides the presumption in section 11.

(1) Despite anything about registration in any other Act, a registering authority must not register—

• (a) an incorporated or unincorporated body under a name if the use by that body of that name, or of any word in that name, would breach section 10:

• (b) an emblem on the application of any person if the use of that emblem by that person would breach section 10.

(2) The prohibition in subsection (1) applies only during the major event's protection period, but also applies to any application for registration that—

• (a) was filed or lodged before the start of the protection period; but

• (b) is not registered at the start of the protection period.

(1) By notice in the Gazette, the Economic Development Minister may declare, in relation to a major event, either or both of the following:

• (a) clean zones, and the clean periods that relate to those clean zones:

• (b) clean transport routes, and the clean periods that relate to those clean transport routes.

(2) Before issuing a notice, the Economic Development Minister must take into account the extent to which, in relation to the major event, clean zones or clean transport routes, and clean periods, are required in order to—

• (a) obtain maximum benefits for New Zealanders:

• (b) prevent unauthorised commercial exploitation at the expense of either a major event organiser or a major event sponsor.

(3) A notice under subsection (1) may declare an area as a clean zone for a clean period only to the extent that—

• (a) the area consists of—

  • (i) the venue of a major event activity; and

  • (ii) areas that are directly proximate to the area in subparagraph (i) (for example, the adjacent footpath, road, or other thoroughfare); and

  • (iii) areas that are otherwise necessary to enable the major event activity to occur; and

• (b) the area does not consist of excluded land or buildings; and

• (c) a major event activity is performed in the area during that clean period, although the clean period may include times before and after the major event activity that are reasonable in the circumstances.

(4) A notice under subsection (1) may declare an area as a clean transport route for a clean period only to the extent that the area—

• (a) extends no more than 5 kilometres from the closest point of the boundary of a clean zone; and

• (b) consists of, or is directly proximate to, either—

  • (i) a motorway or State highway (as those terms are defined in section 2(1) of the Transit New Zealand Act 1989); or

  • (ii) a railway line (as that term is defined in section 2(1) of the New Zealand Railways Corporation Act 1981); and

• (c) does not consist of excluded land or buildings; and

• (d) is likely to be used by a substantial number of people to travel to or from a clean zone (the relevant clean zone) during that clean period, although the clean period may include times before and after the clean period for the relevant clean zone that are reasonable in the circumstances.

(5) In this section, excluded land or buildings means private land and private buildings, whether or not surrounded by other land that is declared to be part of a clean zone or a clean transport route; but does not include—

• (a) billboards; or

• (b) the venue of a major event activity; or

• (c) land the public ordinarily has access to (for example, a railway station or a venue's car park).

(1) No person may engage in street trading in a clean zone during a clean period without the written authorisation of the major event organiser.

(2) No person who is outside a clean zone may, without the written authorisation of the major event organiser, engage in street trading with a person who is in a clean zone during a clean period.

(3) In this section, street trading means selling, hawking, or giving away goods or services, but excludes operating an existing business out of existing permanent premises of that business.

No person may advertise in a clean zone during a clean period without the written authorisation of the major event organiser.

(1) No person may advertise in a manner that is clearly visible from anywhere within a clean zone during a clean period without the written authorisation of the major event organiser.

(2) Subsection (1) includes advertising on or by means of an aircraft, but does not include normal markings and livery on an aircraft.

(3) In this section, clearly visible means visible to an extent that a reasonable person would consider the content, subject, message, or purpose of the advertisement to be able to be determined without the use of visual apparatus other than contact lenses or glasses.

No person may advertise in a clean transport route during a clean period without the written authorisation of the major event organiser.

In sections 18 to 20, a person advertises if that person—

• (a) pays for, commissions, or authorises the advertisement; or

• (b) receives consideration for the placement or the location of the advertisement.

Sections 18 to 20 do not apply to advertising—

• (a) if, in accordance with honest practices in industrial or commercial matters, the advertising is done by an existing organisation continuing to carry out its ordinary activities; or

• (b) on articles of clothing (including shoes) or other personal items being worn, carried, or used by—

  • (i) a member of the public, unless that item is being worn, carried, or used in co-ordination with other persons with the intention that the advertising intrude on a major event activity or the attention of the associated audience; or

  • (ii) a person who is a participant in, or who is officiating at, a major event activity; or

  • (iii) a volunteer engaged in the management or conduct of a major event activity; or

• (c) in a newspaper or magazine, or on a television, radio, or electronic device, being used for personal use, unless it is being used with the intention that the advertising intrude on a major event activity or the attention of the associated audience; or

• (d) on a train, boat, or vehicle, provided that that train, boat, or vehicle is being used to carry out its ordinary activities in its usual manner; or

• (e) on an aircraft that is used for an emergency that involves a danger to life or property necessitating the urgent transportation of persons or medical or other supplies for the protection of life or property.

(1) Every person commits an offence who knowingly breaches any of sections 17 to 20.

(2) Every person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $150,000.

It is a defence to an action or a prosecution for a breach of any of sections 18 to 20, in relation to an advertisement, if the defendant proves—

• (a) that the defendant's business includes publishing or arranging for the publication of advertisements; and

• (b) that the defendant received the advertisement in the ordinary course of that business and did not know, and had no reason to believe, that publishing it would constitute a breach of any of sections 18 to 20.

(1) No person may, without the authorisation of the major event organiser, sell or trade a ticket to a major event activity for a value greater than the original sale price of that ticket.

(2) In subsection (1),—

(1) Every person commits an offence who knowingly sells or trades a ticket to a major event activity in breach of section 25.

(2) A person who commits an offence against this section is liable on summary conviction to a fine not exceeding $5,000.

(1) Every person commits an offence who, without authority, does either or both of the following:

• (a) goes onto the playing surface at a major sporting event; or

• (b) propels any object onto the playing surface at a major sporting event.

(2) In this section,—

(3) A person who commits an offence against this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000.

Nothing in this Act affects any principle of law or any other remedy in any other Act, including—

• (a) the law relating to passing off; or

• (b) rights under the Fair Trading Act 1986; or

• (c) rights under the Geographical Indications (Wines and Spirits) Registration Act 2006; or

• (d) rights under the Trade Marks Act 2002; or

• (e) rights under the Copyright Act 1994.

Any right of action or other remedy available under this Act (whether civil or criminal) may be taken, proceeded with, or heard in conjunction with any other action or remedy available under this Act.

(1) Subpart 3 of Part 4 of the Trade Marks Act 2002 applies to major event emblems and major event words in the manner set out in this section and, as far as practicable, must be interpreted consistently with this section.

(2) In particular,—

• (a) an Order in Council under section 8 must be treated as a notice that has been accepted under section 139 of the Trade Marks Act 2002; and

• (b) claimant means the relevant major event organiser; and

• (c) the period for which the notice is to be in force is the relevant protection period; and

• (d) infringing sign means major event emblems or major event words that are used to make a representation in a way likely to suggest to a reasonable person that there is an association between a major event and—

  • (i) goods or services; or

  • (ii) a person who provides goods or services; and

• (e) except as specified in paragraph (a), sections 137 to 141 of the Trade Marks Act 2002 do not apply.

(3) In applying subpart 3 of Part 4 of the Trade Marks Act 2002 in the manner set out in this section,—

• (a) that subpart and this section do not apply in relation to any infringing sign that has been applied to goods in an overseas country by, or with the written authorisation of, the major event organiser; and

• (b) the chief executive or a customs officer may release any goods that are in the control of the Customs or that have been detained in the custody of the chief executive or a customs officer if a reasonable person would not believe there is an association between those goods and the major event.

(4) Any term or expression that is defined in section 135 of the Trade Marks Act 2002 and used, but not defined, in this section has the same meaning as in that section.

The chief executive of the Ministry of Economic Development may appoint enforcement officers, on a permanent or temporary basis, to perform the functions set out in section 40 and exercise the powers conferred by this Act.

(1) The chief executive of the Ministry of Economic Development must issue a warrant of appointment to every person appointed as an enforcement officer.

(2) A warrant of appointment must—

• (a) be in the prescribed form; and

• (b) bear the photograph and signature of the holder; and

• (c) contain any other particulars that may be prescribed.

(3) A warrant of appointment is, in the absence of evidence to the contrary, sufficient proof that the holder of the warrant may exercise the powers conferred on an enforcement officer under this subpart.

(4) A person who ceases to be an enforcement officer must return the person's warrant of appointment.

(5) A person who fails to comply with subsection (4) commits an offence and is liable on summary conviction to a fine not exceeding $1,000.

An enforcement officer must, to the extent reasonably practicable, ensure compliance with this Act by carrying out the following functions:

• (a) identifying breaches or potential breaches of sections 10, 17 to 20, and 25 and offences under sections 13, 23, and 26:

• (b) issuing formal warnings in accordance with section 46:

• (c) inspecting and monitoring clean zones:

• (d) seizing or covering things in clean zones in accordance with sections 42 to 45:

• (e) obtaining search warrants, executing search warrants, seizing things, and covering things in accordance with section 42(6) and subpart 6 of this Part:

• (f) reporting to the chief executive of the Ministry of Economic Development on any matters relating to the enforcement officer's functions.

An enforcement officer may not enter any place except in the following circumstances:

• (a) when the place is part of a clean zone; or

• (b) when the place is outside a clean zone and it is a place that the enforcement officer may lawfully enter without a search warrant; or

• (c) when the entry is authorised by a search warrant issued under section 67.

(1) An enforcement officer may seize or cover any thing if the officer has reasonable grounds to believe it breaches, or is being used to breach, any of sections 10, 17 to 20, and 25 and that thing is either—

• (a) within a clean zone; or

• (b) outside a clean zone and it is in a place that the enforcement officer may lawfully be without a search warrant.

(2) An enforcement officer may exercise the power set out in subsection (1) only after he or she has, as applicable,—

• (a) given the person from whom the thing is proposed to be seized the opportunity to surrender the thing to the officer; or

• (b) given the person in possession of the thing the opportunity to cover the thing.

(3) When exercising the power set out in subsection (1), an enforcement officer may use such force as is reasonable in the circumstances.

(4) To avoid doubt, subsection (1) does not authorise an enforcement officer to—

• (a) search any person; or

• (b) enter any place, except in accordance with section 41.

(5) An enforcement officer who exercises powers under this section must—

• (a) show his or her warrant of appointment to any person present who may be interested in, or affected by, the exercise of those powers; and

• (b) take all steps that are practicable in the circumstances to ensure that as little damage as possible is caused.

(6) The powers to seize or cover things in this section are in addition to the powers of enforcement officers under subpart 6 to—

• (a) enter and search any place, vehicle, or thing, whether that place, vehicle, or thing is part of, or within, a clean zone, or outside a clean zone; and

• (b) seize or cover any specified thing.

(1) If any thing is seized or covered under section 42, an enforcement officer must give or leave a written notice stating—

• (a) the date and time when the thing was seized or covered; and

• (b) the name of the person who seized or covered the thing; and

• (c) for seized things, particulars of the thing and details of when and where it can be collected; and

• (d) for covered things, details of when it can be uncovered; and

• (e) if relevant, the date and time at which the applicable clean period ends.

(2) The notice must be given or left when the thing is seized or covered.

(3) The notice must be—

• (a) given to the person from whom the thing was seized under section 42; or

• (b) given to the person who surrendered the thing to the enforcement officer in accordance with section 42; or

• (c) left in a prominent place where the thing was seized or covered.

(1) Any thing covered under section 42 for a breach of any of sections 17 to 20 must remain covered until the applicable clean period has ended.

(2) In relation to any thing covered under section 42 for a breach of section 10, sections 77 and 78 apply (with all necessary modifications) as if that thing had been covered under a warrant issued under section 67.

(1) Any thing seized under section 42 for a breach of any of sections 17 to 20 must either be returned to, or be made available for collection by, the person from whom it was seized as soon as practicable after the applicable clean period has ended.

(2) In relation to any thing seized under section 42 for a breach of section 10 or 25, sections 76 and 78 apply (with all necessary modifications) as if that thing had been seized under a warrant issued under section 67.

(1) An enforcement officer may issue 1 or more formal warnings to a person if the enforcement officer has reasonable grounds to believe that that person has breached section 10, 17, 18, 19, 20, or 25.

(2) A formal warning must—

• (a) state—

  • (i) that the enforcement officer believes that the person to whom the warning is issued is in breach of section 10, 17, 18, 19, 20, or 25; and

  • (ii) the grounds for that belief; and

  • (iii) the consequences that that person may face for a breach of section 10, 17, 18, 19, 20, or 25 if that person does not take steps to remedy the breach; and

• (b) be in the prescribed form; and

• (c) be issued in the manner specified in regulations made under section 82.

(1) This section applies to—

• (a) enforcement officers:

• (b) persons who assist enforcement officers in accordance with section 68(3):

• (c) police officers who perform any of the functions of an enforcement officer under section 48.

(2) No action may be taken against a person to whom this section applies in relation to the exercise of his or her powers under this Act if he or she exercised those powers—

• (a) in good faith; and

• (b) in a reasonable manner; and

• (c) in the reasonably held belief that the prerequisites for the exercise of the power had been satisfied.

Every member of the police—

• (a) may perform any of the functions of an enforcement officer; and

• (b) has all, and may exercise any, of the powers of an enforcement officer.

(1) A major event organiser may apply to the court for relief—

• (a) to prevent a breach of any of sections 10, 17 to 20, and 25; or

• (b) if there is or has been a breach of any of sections 10, 17 to 20, and 25.

(2) A major event sponsor may request the major event organiser's permission for the sponsor to take proceedings for relief—

• (a) to prevent a breach of any of sections 10, 17 to 20, and 25; or

• (b) if there is or has been a breach of any of sections 10, 17 to 20, and 25.

(3) If the major event organiser gives a major event sponsor permission for the sponsor to take proceedings,—

• (a) the sponsor may commence proceedings in the sponsor's own name as if the sponsor were the major event organiser, and every reference to major event organiser in this subpart is to be read as a reference to major event sponsor; and

• (b) the major event organiser may join or be joined in the proceeding, but is not liable for any costs in the proceedings unless that person takes part in the proceedings; and

• (c) the defendant has all the defences that would be available against proceedings by the major event organiser.

A major event organiser may bring civil proceedings under this subpart for a breach of any of sections 10, 17 to 20, and 25 at any time within 3 years after the date on which the breach was discovered or ought reasonably to have been discovered.

(1) If a person brings civil proceedings alleging a breach of this Act, the court may, on the application of any person against whom the proceedings are brought,—

• (a) make a declaration that the bringing of proceedings is unjustified:

• (b) make an order for the payment of damages for any loss suffered by the person against whom the proceedings are brought.

(2) The court must not grant relief under this section if the person who brings the proceedings proves that the acts in respect of which proceedings are brought constituted, or would have constituted if they had been done, a breach of this Act.

(3) Nothing in this section makes a barrister or solicitor of the High Court of New Zealand liable to any proceedings under this section in respect of any act done in his or her professional capacity on behalf of a client.

In any civil proceedings for a breach of any of sections 10, 17 to 20, and 25, the relief that the court may grant includes—

• (a) an injunction on any terms that the court thinks fit:

• (b) either damages or an account of profits.

(1) The court may make an order under subsection (2) if a major event organiser applies for the order.

(2) If the court is satisfied that a person has breached any of sections 10, 18, 19, and 20, the court may make an order for erasure requiring that person—

• (a) to erase, remove, or obliterate the unauthorised representation or advertisement from any goods, material, or object in the person's possession, custody, or control; or

• (b) to cover the unauthorised representation or advertisement on any goods, material, or object in the person's possession, custody, or control; or

• (c) if it is not reasonably practicable to erase, remove, cover, or obliterate the unauthorised representation or advertisement, to destroy the goods, material, or object; or

• (d) to erase or remove the unauthorised representation or advertisement from any land, building, structure, or surface (including the surface of an aircraft, boat, train, or vehicle); or

• (e) to cover the unauthorised representation or advertisement on any land, building, structure, or surface (including the surface of an aircraft, boat, train, or vehicle).

(3) If an order under subsection (2)(a), (b), or (c) is not complied with, or it appears to the court likely that the order would not be complied with, the court may order that the relevant goods, material, or object be delivered to any person whom the court may direct—

• (a) to erase, remove, or obliterate the unauthorised representation or advertisement from the goods, material, or object; or

• (b) to cover the unauthorised representation or advertisement on the goods, material, or object; or

• (c) if it is not reasonably practicable to erase, remove, cover, or obliterate the unauthorised representation or advertisement, to destroy the goods, material, or object.

Every person who has an interest in the goods, material, object, land, building, structure, or surface, or the unauthorised representation or advertisement, to which an order under section 53 relates is entitled to—

• (a) appear in proceedings for an order under that section, whether or not the person is served with notice; and

• (b) appeal against any order made, whether or not the person appears in the proceedings.

(1) The court may make an order under subsection (2) if a major event organiser applies for the order.

(2) If the court is satisfied that a person has breached section 10, the court may order that person or any other person involved in the breach to do either or both of the following:

• (a) disclose information specified in the order about a civil proceeding for a breach of section 10:

• (b) publish corrective statements.

(3) The information or corrective statements ordered by the court under subsection (2) are to be published or disclosed to the public, or to a particular member of or class of the public,—

• (a) at the person's own expense; and

• (b) in the manner specified in the court order; and

• (c) at the times specified in the order; and

• (d) in the terms specified in the order or determined in accordance with the order.

(4) The court may make an order under subsection (1) whether or not the person has previously breached section 10.

(1) The court may make an order under subsection (2) if a major event organiser applies for the order.

(2) The court may order any goods, material, or object on, by, or through which a breach of section 10 is committed to be delivered up to the major event organiser or any other person that the court thinks fit.

(3) No order may be made under this section unless—

• (a) the court makes an order under section 57 at the same time; or

• (b) it appears to the court that there are grounds for making an order under that section.

(4) A person to whom any goods, material, or object is delivered up under an order made under this section must, if an order under section 57 has not been made, retain them pending—

• (a) the making of an order under that section; or

• (b) the decision not to make an order under that section, in which case section 63 applies.

(5) Nothing in this section affects any other power of the court.

The court may order that the goods, material, or object subject to an order under section 56 must be—

• (a) forfeited to the major event organiser or any other person that the court thinks fit; or

• (b) destroyed or otherwise dealt with as the court thinks fit; or

• (c) retained by the major event organiser or any other person that the court thinks fit until the end of the relevant protection period and then returned to the person who delivered them up.

In considering what order, if any, should be made under section 57, the court must consider—

• (a) whether other remedies available for a breach of section 10 would be adequate to compensate, or protect the interests of,—

  • (i) the major event organiser:

  • (ii) the major event sponsor (if any); and

• (b) the need to ensure that nothing is disposed of in a manner that would adversely affect—

  • (i) the major event organiser:

  • (ii) the major event sponsor (if any).

The court must issue directions for the service of notice on every person who is known to have an interest in the goods, material, or object to which an order under section 57 relates.

Every person who has an interest in the goods, material, or object to which an order under section 56 or 57 relates is entitled to—

• (a) appear in proceedings for an order under that section, whether or not the person is served with notice; and

• (b) appeal against any order made, whether or not the person appears in the proceedings.

An order made under section 57 takes effect either,—

• (a) if no notice of an appeal has been given, after 10 working days; or

• (b) if notice of an appeal has been given, on the final determination or abandonment of the proceedings on appeal.

If more than 1 person is interested in the goods, material, or object to which an order under section 57 relates, the court may—

• (a) direct that the goods, material, or object be sold, or otherwise dealt with, and the proceeds divided; and

• (b) make any other order that it thinks fit.

If the court decides that no order should be made under section 57, the person who had possesion, custody, or control of the goods, material, or object before they were or it was delivered up is entitled to their or its return.

Despite section 14 of the Summary Proceedings Act 1957, an information for an offence against section 13, 23, 26, or 28 may be laid at any time within 3 years after the time when the matter of the information arose.

If a person is convicted of an offence against section 13, 23, 26, 27, or 28 in circumstances where that offence involves the making of profit or gain,—

• (a) that offence is deemed to have caused a loss of property for the purposes of section 32(1)(a) of the Sentencing Act 2002; and

• (b) the provisions of that Act that relate to the imposition of the sentence of reparation apply accordingly.

If a body corporate is convicted of an offence against any of sections 13, 23, 26, and 28, every director, officer, or other natural person concerned in the management of the body corporate is guilty of the offence if it is proved—

• (a) that the act that constituted the offence took place with his or her authority, permission, or consent; and

• (b) that he or she—

  • (i) knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and

  • (ii) failed to take all reasonable steps to prevent or stop it.

(1) Any High Court Judge, District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place, vehicle, or thing if satisfied, on application in writing made on oath, that there are reasonable grounds for believing that there is at that place, vehicle, or thing, any thing—

• (a) in respect of which an offence under this Act has been or is being committed; or

• (b) that has been, is being, or is intended to be used by any person for the commission of an offence under this Act; or

• (c) that is evidence of the commission of an offence under this Act by any person.

(2) The Judge, Community Magistrate, Justice, or Registrar may impose any reasonable conditions on the exercise of the warrant that he or she thinks fit.

(1) A warrant authorises the person named in it—

• (a) to enter and search the place, vehicle, or thing specified in the warrant on 1 occasion within 14 days of the date of issue of the warrant at a time that is reasonable in the circumstances:

• (b) to use any assistance that is reasonable in the circumstances:

• (c) to use any force for gaining entry and for breaking open any article or thing that is reasonable in the circumstances:

• (d) to search for and seize any thing that the warrant authorises the person who is executing the warrant to search for and seize:

• (e) to search for and cover any thing that the warrant authorises the person who is executing the warrant to search for and cover:

• (f) if necessary, to take copies of documents, or extracts from documents, that the warrant authorises the person who is executing the warrant to copy:

• (g) if necessary, to require a person to reproduce, or assist any person executing the warrant to reproduce in usable form, information recorded or stored in a document.

(2) The power in subsection (1) to enter and search a place, vehicle, or thing must not be exercised by an enforcement officer unless, when exercising the power, the enforcement officer is accompanied by a member of the police.

(3) A person assisting the person executing the warrant also has the powers referred to in subsection (1)(c) to (f).

(4) The warrant must be executed in accordance with any reasonable conditions that may be specified in the warrant when it is issued.

A search warrant must—

• (a) be in the prescribed form; and

• (b) be directed to—

  • (i) a member of the police by name; or

  • (ii) any member of the police; or

  • (iii) an enforcement officer; and

• (c) contain all of the following particulars:

  • (i) the place, vehicle, or thing that may be searched in accordance with the warrant; and

  • (ii) the offence for which the warrant is issued; and

  • (iii) a description of the kind of thing that is authorised to be searched for and seized; and

  • (iv) a description of the kind of thing that is authorised to be searched for and covered; and

  • (v) the period during which the warrant may be executed; and

  • (vi) any conditions specified under section 67(2).

A person executing a warrant must—

• (a) have the warrant with him or her; and

• (b) produce it on initial entry and, if requested, at any subsequent time; and

• (c) identify himself or herself and any person assisting or accompanying him or her to the owner or occupier or person in charge of the place if that person is present; and

• (d) produce evidence of his or her identity and the identity of any person assisting or accompanying him or her.

A person who executes a warrant must, when the search is completed, leave in a prominent position at the place searched or give to the owner or occupier, a written notice stating—

• (a) the date and time when the place, vehicle, or thing was searched; and

• (b) the name of the person who executed the warrant and any person who assisted or accompanied him or her; and

• (c) for any seized thing, a list of its particulars and that it may be returned in accordance with sections 76 and 78; and

• (d) for any covered thing, a list of its particulars and that it may be uncovered in accordance with sections 77 and 78.

If it is not practicable to prepare a list under section 71 after completing the search in relation to seized things, or if the owner or occupier of the place being searched consents, the person executing the warrant—

• (a) may, instead of leaving a list, leave a notice stating that things have been seized during the search and that, within 7 days of the search, a list will be delivered, left, or sent stating what things have been seized; and

• (b) must, within 7 days of the search,—

  • (i) deliver a list to the owner or occupier; or

  • (ii) leave a list in a prominent position at the place searched; or

  • (iii) send a list by post to the owner or occupier of the place searched.

A list under section 71 must state—

• (a) the things that have been seized; and

• (b) the location from where they were seized; and

• (c) the location where they are being held.

The occupier or person in charge of the place that a person authorised by a warrant enters for the purpose of searching must provide that person with all reasonable facilities and assistance in executing the warrant.

The chief executive of the Ministry of Economic Development, or any person authorised by the chief executive of the Ministry of Economic Development for the purpose, may inspect and take copies of any documents or extracts from them obtained under a warrant.

(1) In any proceedings for an offence relating to any thing seized under warrant, a court may order, either at the trial or hearing or on an application, that it be delivered to the person appearing to the court to be entitled to it, or that it be otherwise disposed of in any manner that the court thinks fit.

(2) Any member of the police or an enforcement officer may, at any time, unless an order has been made under subsection (1), return the thing to the person from whom it was seized, or apply to a Judge for an order for its disposal.

(3) An application under subsection (2) must be made on notice to any person known to have an interest in the thing.

(4) On an application under subsection (2), the Judge may make any order that a court may make under subsection (1).

(5) If proceedings for an offence relating to the thing are not brought within 3 months of seizure, any person claiming to be entitled to it may, after the expiry of that period, apply to a Judge for an order that it be delivered to him or her.

(6) On any such application, the Judge may—

• (a) adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or

• (b) make any order that a court may make under subsection (1).

(1) In any proceeding for an offence relating to any thing covered under warrant, a court may order, either at the trial or hearing or on an application, that it be uncovered, or that it be otherwise disposed of in any manner that the court thinks fit.

(2) Any member of the police or an enforcement officer may, at any time, unless an order has been made under subsection (1), uncover the thing, or apply to a Judge for an order for its disposal.

(3) An application under subsection (2) must be made on notice to any person known to have an interest in the thing.

(4) On an application under subsection (2), the Judge may make any order that a court may make under subsection (1).

(5) If proceedings for an offence relating to the thing are not brought within 3 months of it having been covered, any person claiming to be entitled to it may, after the expiry of that period, apply to a Judge for any order that it be uncovered.

(6) On any such application, the Judge may—

• (a) adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or

• (b) make any order that a court may make under subsection (1).

(1) If any person is convicted in any proceedings for an offence relating to any thing for which a warrant has been issued, and any order is made under section 76 or 77, the operation of the order is suspended,—

• (a) in any case, until the expiration of the time prescribed by the Summary Proceedings Act 1957 for the filing of a notice of appeal or an application for leave to appeal; and

• (b) if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and

• (c) if application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.

(2) If the operation of an order under section 76 or 77 is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order.