Major Events Management (36th America’s Cup) Order 2020

2020/189

Coat of Arms of New Zealand

Major Events Management (36th America’s Cup) Order 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 10th day of August 2020

Present:
Her Excellency the Governor-General in Council

This order is made under sections 7, 8, and 9 of the Major Events Management Act 2007

(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 (36th America’s Cup) Order 2020.

2 Commencement

This order comes into force on 8 September 2020.

3 Interpretation

In this order, 36th America’s Cup means the yacht racing event to be held on Waitematā Harbour from December 2020 to April 2021 and other yacht racing events associated with that event (including the Prada Cup and the America’s Cup World Series Auckland events).

Declaration of major event

4 36th America’s Cup declared to be major event

The 36th America’s Cup is declared to be a major event.

5 America’s Cup Event Limited is major event organiser

America’s Cup Event Limited is the major event organiser of the 36th America’s Cup.

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

6 Declaration of protection period

The protection period for the 36th America’s Cup is declared to start on 8 September 2020 and end with 20 April 2021.

7 Declaration of major event emblems

The emblems set out in Schedule 1 are declared to be major event emblems for the protection period for the 36th America’s Cup.

8 Declaration of major event words

The words or combinations of words, and words if combined with other words, set out in Schedule 2 are declared to be major event words for the protection period for the 36th America’s Cup.

Schedule 1 Major event emblems

cl 7

The major event emblems are as depicted below or as depicted below but in a different colour or as depicted but without any of the words or figures.

Major event emblems
Major event emblems
Major event emblems
Major event emblems

Schedule 2 Major event words

cl 8

Part 1 Words and combinations of words

America’s Cup

36th America’s Cup

AC 36

America’s Cup Match

America’s Cup presented by Prada

America’s Cup Auckland 2021

America’s Cup World Series Auckland 2020

America’s Cup Christmas Race

Prada Christmas Race

Prada Cup

America’s Cup World Series

AC World Series

Auld Mug

There is no second

Part 2 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
America’s CupBroadcaster
36th America’s CupCaterer
Champions
Championship
Finalists
Hospitality
Host
Licensed
Licensee
Merchandiser
Nation
Partner
Qualifier
Retail agent
Retailer
Sponsor
Supplier
Ticketing
Travel
Trophy

Michael Webster,
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 8 September 2020, is made under the Major Events Management Act 2007 (the Act). It relates to the 36th America’s Cup and the yacht racing events that are scheduled to take place in New Zealand from December 2020 to April 2021 (the event).

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 words to be, for that period, major event emblems and major event words.

Subpart 2 of Part 2 of the Act contains protections against ambush marketing by association. Those protections restrict, during the protection period for 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.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 13 August 2020.

This order is administered by the Ministry of Business, Innovation, and Employment.