Geneva Conventions Act 1958

Prevention of abuse of Red Cross and other emblems

8 Use of Red Cross and other emblems

(1)

Subject to the provisions of this section, it shall not be lawful for any person, without the authority of the Minister of Defence or a person authorised by him or her in writing to give consent under this section, to use for any purpose whatsoever any of the following emblems, designations, designs, or wordings, that is to say:

(a)

the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross” or “Geneva Cross”:

(b)

the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation “Red Crescent”:

(ba)

the emblem of a red crystal, composed of a red frame in the shape of a square on edge on a white ground, or the designation “Red Crystal”:

(c)

the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion’s back, the upper half of the sun shooting forth rays, or the designation “Red Lion and Sun”:

(d)

any design consisting of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem:

(e)

any design or wording so nearly resembling any of the emblems or designations specified in the foregoing provisions of this subsection as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems.

(2)

If any person contravenes the foregoing provisions of this section he or she shall be guilty of an offence and be liable on conviction to a fine not exceeding $10,000 and to forfeit any goods upon or in connection with which the emblem, designation, design, or wording was used.

(3)

The Minister of Defence or a person authorised by that Minister to give consents under this section shall not refuse to give such a consent, and shall not withdraw such a consent, except for the purpose of giving effect to the provisions of the Conventions or of the Protocols.

(4)

In the case of a trade mark registered before the passing of this Act, the foregoing provisions of this section shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in paragraph (b) or paragraph (c) of subsection (1).

(4A)

In the case of a trade mark registered before subsection (1)(ba) comes into force, subsections (1) to (3) do not apply by reason only of the trade mark consisting of or containing a design or wording that reproduces or resembles the emblem or the designation specified in subsection (1)(ba).

(5)

If a person is charged with using a design or wording to which subsection (4) or (4A) applies for any purpose and it is proved that he or she used it otherwise than as, or as part of, a trade mark registered as aforesaid, it is a defence for him or her to prove—

(a)

that he or she lawfully used that design or wording for that purpose before the passing of this Act or subsection (1)(ba) comes into force (as the case may be); or

(b)

in a case where he or she is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he or she acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the passing of this Act or subsection (1)(ba) comes into force (as the case may be).

(6)

Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, he or she, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(7)

This section extends to the use in or outside New Zealand of an emblem, designation, design, or wording referred to in subsection (1) on any New Zealand ship or New Zealand aircraft.

(8)

No one shall be prosecuted for an offence under this section without the leave of the Attorney-General.

(9)

Subsection (2) of section 18 of the Trade Marks Act 1953 is hereby consequentially repealed.

Section 8(1): amended, on 23 April 2014, by section 10(1) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(1)(ba): inserted, on 23 April 2014, by section 10(2) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(2): amended, on 23 April 2014, by section 10(3)(a) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 8(2): amended, on 12 December 2012, by section 10(3)(b) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(3): amended, on 10 July 1987, by section 5(2) of the Geneva Conventions Amendment Act 1987 (1987 No 144).

Section 8(4A): inserted, on 23 April 2014, by section 10(4) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(5): replaced, on 23 April 2014, by section 10(5) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(6): amended, on 23 April 2014, by section 10(6) of the Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 (2012 No 96).