Major Events Management (Volvo Ocean Race Auckland Stopover) Order 2012

2012/7

Coat of Arms of New Zealand

Major Events Management (Volvo Ocean Race Auckland Stopover) Order 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of February 2012

Present:
His Excellency the Governor-General in Council

Pursuant to sections 7, 8, and 9 of the Major Events Management Act 2007, His Excellency the Governor-General makes the following order, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendations of the Minister for Economic Development made after the consultation required by, and compliance with every other requirement for the making of those recommendations that is specified in, sections 7 and 8 of that Act.

Order

1  Title

  • This order is the Major Events Management (Volvo Ocean Race Auckland Stopover) Order 2012.

2  Commencement

  • This order comes into force on 5 March 2012.

3  Interpretation

  • In this order, unless the context otherwise requires,—

    ATEED Limited means Auckland Tourism, Events and Economic Development Limited

    Volvo Ocean Race means the series of yacht races (in-port yacht races, pro-am yacht races, and 9 legs of an off-shore round-the-world yacht race) that is commonly known as the Volvo Ocean Race 2011–2012, and that—

    • (a) started with the in-port and pro-am yacht races held at Alicante, Spain, on 29 and 30 October 2011; and

    • (b) is scheduled to end with in-port and pro-am yacht races held at Galway, Ireland, on 6 to 8 July 2012

    Volvo Ocean Race Auckland Stopover means the event that is commonly known by that name, that is scheduled to be held at Auckland on and after 8 March 2012 and until the close of 18 March 2012, and that includes the following races or parts of races in the Volvo Ocean Race:

    • (a) the end of leg 4 (from Sanya, China, on 19 February 2012, to Auckland, on or about 8 March 2012) of the off-shore round-the-world yacht race; and

    • (b) a pro-am yacht race; and

    • (c) an in-port yacht race; and

    • (d) the start of leg 5 (from Auckland, on 18 March 2012, to Itajaí, Brazil, on or about 4 April 2012) of the off-shore round-the-world yacht race.

Declaration of major event

4  Volvo Ocean Race Auckland Stopover declared to be major event

  • The Volvo Ocean Race Auckland Stopover is declared by this clause to be a major event.

5  ATEED Limited is major event organiser

  • ATEED Limited is the major event organiser of the Volvo Ocean Race Auckland Stopover.

Declarations of protection period, major event emblems, and major event words

6  Declaration of protection period

  • The protection period for the Volvo Ocean Race Auckland Stopover is declared by this clause to start on 5 March 2012 and end on the close of 1 April 2012.

7  Declaration of major event emblems

  • The emblems set out in Part 1 of the Schedule are declared by this clause to be major event emblems for the protection period of the Volvo Ocean Race Auckland Stopover.

8  Declaration of major event words

  • The combinations of words, and words if combined with other words, set out in Parts 2 and 3 of the Schedule are declared by this clause to be major event words for the protection period of the Volvo Ocean Race Auckland Stopover.

Schedule
Volvo Ocean Race Auckland Stopover major event emblems and words

cls 7, 8

Part 1
Emblems

.
.

Part 2
Combinations of words

Volvo Ocean Race 2011–2012

Volvo Ocean Race

Part 3
Words if combined with other words

The words in an item in column A if used in combination with the words in an item in column B.

Column AColumn B
Volvo Ocean Race 2011–2012Auckland
Volvo Ocean RaceAuckland Stopover
VORHost Port
 In-Port Race
 Official Port Supplier
 Port Sponsor
 Presenting Sponsor
 Pro-Am Race
 Race Sponsor
 Race Partner
 Race Supplier
 Round the World
 Team

 Michael Webster,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 5 March 2012, is made under the Major Events Management Act 2007 (the Act). It relates to the Volvo Ocean Race Auckland Stopover scheduled to be held at Auckland between 8 March 2012 and 18 March 2012.

The order—

  • declares the event to be a major event:

  • identifies the major event organiser for the event:

  • declares the protection period for the event:

  • declares emblems and combinations of words to be, for that period, major event emblems and major event words.

The Act contains, in subpart 2 of Part 2, protections against ambush marketing by association. Those protections restrict, during the protection period of a major event, a person's ability to make a representation (such as in an advertisement) suggesting that there is an association between the major event and goods or services, a brand of goods or services, or a person who provides goods or services. There is a presumption that a representation that includes a major event emblem or major event words suggests such an association.

Under section 37 of the Act, goods to which major event emblems and major event words have been applied otherwise than by or with the authorisation of the major event organiser may be subjected to border protection measures under subpart 3 of Part 4 of the Trade Marks Act 2002. Those measures may include detention of the goods while in the control of the Customs and until forfeiture by consent or the outcome of infringement proceedings.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 February 2012.

This order is administered by the Ministry of Economic Development.