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
18A Unauthorised use of words and emblems relating to 28th Māori Battalion

(1)

Subject to subsection (3), every person commits an offence against this Act who, in any business, trade, or occupation and in order to obtain money (or other property) or credit, displays, exhibits, or otherwise uses any of the following in such a manner as to be likely to cause anyone to believe that the display, exhibition, or use is under the authority, sanction, approval, appointment, or patronage of an association described in subsection (3)(b)(i) or (iii):

(a)

an emblem in Schedule 2A; or

(b)

an emblem that so closely resembles one of the emblems in Schedule 2A as to be likely to deceive or confuse any person; or

(c)

any of the following combinations of words:

(i)

“28th Māori Battalion”:

(ii)

“28 Māori Battalion”:

(iii)

“Māori Battalion”:

(iv)

“28th Māori Battalion Association”:

(v)

“28th Maori Battalion (NZ) Association Incorporated”:

(vi)

“Te Ope Hōia Māori 28”:

(vii)

“Te Ope Taua Māori 28”:

(viii)

“Te Hokowhitu Māori 28”; or

(d)

words that so closely resemble the combinations of words quoted in paragraph (c) as to be likely to deceive or confuse any person.

(2)

Subject to subsection (3),—

(a)

every person commits an offence against this Act who causes an incorporated or unincorporated body to be formed under any name, title, style, or designation that includes any of the combinations of words referred to in subsection (1)(c) or (d); and

(b)

every association (whether incorporated or unincorporated) commits an offence against this Act that carries on its activities under any name, title, style, or designation that includes any of the combinations of words referred to in subsection (1)(c) or (d).

(3)

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

(a)

that has been authorised by the Governor-General by Order in Council; or

(b)

by any of the following:

(i)

the 28th Maori Battalion (NZ) Association Incorporated; or

(ii)

a person or class of persons or an association that has been approved in writing for the purposes of this section by the 28th Maori Battalion (NZ) Association Incorporated; or

(iii)

any association that has been approved in writing for the purposes of this section by the 28th Maori Battalion (NZ) Association Incorporated as the successor of the 28th Maori Battalion (NZ) Association Incorporated; or

(iv)

a person or class of persons or an association that has been approved in writing for the purposes of this section by the successor of the 28th Maori Battalion (NZ) Association Incorporated referred to in subparagraph (iii).

(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 18A: inserted, on 5 December 2013, by section 4 of the Flags, Emblems, and Names Protection Amendment Act 2013 (2013 No 117).

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