Flags, Emblems, and Names Protection Act 1981

If you need more information about this Act, please contact the administering agency: Ministry for Culture and Heritage and Ministry of Justice
18 Unauthorised use of name Returned Services’ Association

(1)

Subject to subsection (3), every person commits an offence against this Act who causes any association (whether incorporated or unincorporated) to be formed—

(a)

under the name, title, style, or designation of Returned Services’ Association or any other name, title, style, or designation that includes those words or the words Returned Services; or

(b)

under any name, title, style, or designation that contains the initials RSA if the use of that name is likely to lead any person to believe that the association consists of returned servicemen.

(2)

Every association (whether incorporated or unincorporated) commits an offence against this Act which carries on its activities under any name, title, style, or designation referred to in paragraph (a) or paragraph (b) of subsection (1).

(3)

Subsections (1) and (2) do not apply to the use of any name, title, style, or designation—

(a)

with the prior consent of the Governor-General by Order in Council; or

(b)

by—

(i)

the Royal New Zealand Returned and Services’ Association Incorporated; or

(ii)

any association whose members include returned servicemen that is a member of or is affiliated to that Association; or

(iii)

any branch of any such association; or

(iv)

any association whose members include returned servicemen, current servicemen, or former servicemen and which has been approved for the purposes of this section by the Royal New Zealand Returned and Services’ Association Incorporated; or

(c)

by any association that was registered before the passing of the Police Offences Amendment Act 1956 if the association was formed under the name, title, style, or designation or was using the name, title, style, or designation immediately before the passing of that Act.

(4)

An order under subsection (3)(a) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of Representatives, unless it relates exclusively to an individual (in which case a transitional exemption applies under Schedule 1 of the Legislation Act 2019)LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 18(3)(a): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 18(3)(a): amended, on 15 December 2005, by section 3(a) of the Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102).

Section 18(3)(b)(i): amended, on 15 December 2005, by section 3(b) of the Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102).

Section 18(3)(b)(ii): amended, on 15 December 2005, by section 3(c) of the Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102).

Section 18(3)(b)(iv): amended, on 15 December 2005, by section 3(d) of the Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102).

Section 18(3)(b)(iv): amended, on 15 December 2005, by section 3(e) of the Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102).

Section 18(3)(b)(iv): amended, on 15 December 2005, by section 3(f) of the Flags, Emblems, and Names Protection Amendment Act 2005 (2005 No 102).

Section 18(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).