3.1.3 The Police Act 1958

Section 51A(1) of the Police Act 1958 states:

Every person, other than a member of the Police, commits an offence who uses –

(a) Any … other article, to which this section applies; or

(b) Any … article, that closely resembles any … other article to which this section applies –

in circumstances likely to lead any person to believe that the user is a member of the Police.

Section 51A(2) of the Police Act 1958 states:

(a) Any … other article, to which this section applies; or

(b) Any … article, that closely resembles any … other article to which this section applies, -

without the prior approval of the Commissioner.

Regulation 31 of the Police Regulations 1992 states that section 51A of the Act applies to the Police crest and badge, as shown below.

Where a mark contains the Police crest and badge, and where the applicant is not the New Zealand Police, the examiner should raise concerns that the mark is not registrable under section 17(1)(b) of the Act, with reference to section 51A of the Police Act 1958.