Electoral Amendment Act 2014

15 New subpart 2 of Part 4 inserted
  • After section 71B, insert:

    Subpart 2Registration of party logos

    71C Application for registration of party logo
    • (1) An application may be made to the Electoral Commission to register the logo of a political party if the political party—

      • (a) is registered under subpart 1; or

      • (b) is unregistered, but an application has been made under subpart 1 to register that party and that application has not been determined by the Electoral Commission.

      (2) An application to register a party logo—

      • (a) may be made by—

        • (i) the secretary of the party; or

        • (ii) any member of Parliament who is a current financial member of the party; and

      • (b) must—

        • (i) be in writing; and

        • (ii) be signed by the applicant; and

        • (iii) be accompanied by—

          • (A) 2 identical representations of the party logo in a form satisfactory to the Electoral Commission that 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

          • (B) a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and

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

        • (v) set out—

          • (A) the name and address of the applicant, and the capacity in which he or she makes the application; and

          • (B) the name and address of the secretary of the political party, if the applicant is not the secretary of the political party.

      (3) On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo.

      (4) Subsection (3) does not apply if, before determining whether to register a party logo, the Electoral Commission—

      • (a) receives from any person described in subsection (2)(a) written notice that the application to register the party logo is withdrawn; and

      • (b) is satisfied the written notice is given by that person on behalf of the party.

    71D Grounds on which registration refused
    • (1) The Electoral Commission must refuse an application to register the logo of a political party if—

      • (a) the Electoral Commission has determined that the political party's application for registration should be refused (in the case of an application made under section 71C(1)(b)); or

      • (b) the application does not comply with—

        • (i) section 71C(2)(b)(iii); or

        • (ii) section 71C(2)(b)(iv); or

      • (c) the Electoral Commission has reasonable cause to believe that the declaration accompanying the application under section 71C(2)(b)(iv) is not correct; or

      • (d) the Electoral Commission is of the opinion that the logo—

        • (i) is indecent; or

        • (ii) is offensive; or

        • (iii) is likely to cause confusion or mislead electors; or

        • (iv) contains any reference to a title or an honour or a similar form of identification.

      (2) If the Electoral Commission refuses an application to register the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of—

      • (a) the refusal; and

      • (b) the reasons for the refusal.

    71E Times when registration of party logos prohibited
    • No action may be taken in relation to any application made under section 71C during the period that,—

      • (a) in relation to a general election,—

        • (i) commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and

        • (ii) ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected; and

      • (b) in relation to a by-election,—

        • (i) commences on the date beginning with the issue of the writ for the by-election; and

        • (ii) ends with the day appointed as the latest day for the return of the writ for the by-election.

    71F Registration of party logos
    • If, on receipt of an application under section 71C, the Electoral Commission determines to register the logo of a political party, the Electoral Commission must—

      • (a) register the logo of the political party in the Register of Political Parties established under section 62(2); and

      • (b) give written notice of the registration to the applicant; and

      • (c) arrange for the registration to be published in the Gazette.

    71G Inspection of party logos
    • The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every party logo that is, or has been, registered in the Register of Political Parties.

    71H Changes to party logos
    • (1) A person described in section 71C(2)(a) may, on behalf of a party whose logo has been registered, apply to the Electoral Commission to—

      • (a) vary the form of the party logo; or

      • (b) substitute a new party logo; or

      • (c) amend the party logo to refer to the new name of the party in any case where there has been a change in the party name.

      (2) Sections 71C to 71F apply, with any necessary modifications, to an application made under subsection (1).

    71I Cancellation of registration of party logo
    • (1) The Electoral Commission must cancel the registration of the logo of a political party if—

      • (a) a person described in section 71C(2)(a) applies to cancel the registration of the logo and the Electoral Commission is satisfied that the application is made on behalf of the political party; or

      • (b) the registration of the political party is cancelled under section 70; or

      • (c) the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.

      (2) Section 71E applies, with any necessary modifications, to an application made under subsection (1)(a).

      (3) If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,—

      • (a) give written notice of the cancellation and the reasons for the cancellation to—

        • (i) the applicant, if the registration of the logo was cancelled under subsection (1)(a) on the application of a person described in section 71C(2)(a)(ii); and

        • (ii) the secretary of the political party; and

      • (b) arrange for the cancellation to be published in the Gazette.