3.1.5 The Flags, Emblems, and Names Protection Act 1981

Section 12 of the Flags, Emblems and Names Protection Act 1981 prohibits the use of certain Royal and vice-regal emblems if:

• The manner of the use is such that any person is likely to believe that the use has the “authority, sanction, approval, appointment or patronage of” the Queen or the Governor-General; and
• The use has not been authorised by the Queen or the Governor-General.

Section 12 covers the following:

• Any representation of the Coat of Arms of Her Majesty or any other member of the Royal family;
• Any representation of any Royal crown, Royal coronet, Royal cypher or Royal badge;
• Any representation of the Royal Standard or the Sovereign’s personal flag for New Zealand;
• Any representation of the Governor-General’s flag;
• Any representation that so closely resembles any of the above as to be likely to cause any person to believe that it is that thing.

The Royal Coat of Arms		The Royal Crown
The Queen's New Zealand Standard		The Governor-General's Flag

Section 13 of the Flags, Emblems and Names Protection Act 1981 prohibits the use of certain state emblems if:

• The manner of the use is such that any person is likely to believe that the use has the “authority, sanction, approval, appointment or patronage of” the government, or of any Minister of the Crown, or of any government department; and
• The use is not authorised by or under any other Act; and
• The prior written consent of the Minister has not been obtained; and
• The use is not by an officer of the Crown acting in the course of his official duties.

Section 13 covers the following:

• Any representation of the Coat of Arms of New Zealand;
• Any representation of the Seal of New Zealand;
• Any representation of any emblem or official stamp of any government department;
• Any representation that so closely resembles any of the above as to be likely to cause any person to believe that it is that thing.

 

¹¹Section 14(3)(a) of the Flags, Emblems and Name Protection Act 1981 prohibits the use of the word “royal” unless the Governor-General’s consent has been obtained.

There are three exceptions. Consent from the Governor-General is not required if:

• The use of the word “royal” is expressly authorised by or under any other Act; or
• The word “royal” comprises the whole or part of the proper name of any town, road or other place, and that place name is used in full; or
• The word “royal” is the surname of the person engaging in the business, trade or occupation, or of a foundation member of the applicant association.

Where a concern is raised and none of the above exceptions apply, the applicant may request that the Office applies for consent for the use of the word “royal” on their behalf. This will only be done once there are no other outstanding concerns with the trade mark application

Before applying for consent from the Governor-General to the use of the word “royal” on behalf of the applicant, the Office will ask the applicant for the following information:

• A company profile of the applicant’s business that explains what they do; and
• A history of the applicant’s business; and
• A copy of a recent annual report of the applicant’s business (where applicable).

Once this documentation has been received, the Office will apply on behalf of the applicant to the Ministry for Culture and Heritage requesting them to provide advice as to whether the application is acceptable and whether they recommend the Governor-General permit the use of the word “royal” within the applicant’s trade mark in terms of section 14 of the Flags, Emblems and Names Protection Act 1981.

Once consent is obtained from the Governor-General, the concern under section 17(1)(b)(1) of the Act will be withdrawn.

Section 14(3)(b) of the Flags, Emblems and Names Protection Act 1981 prohibits the use of the word GOVERNMENT unless:

• The use of the word GOVERNMENT is expressly authorised by or under any other Act; or
• The use of the word GOVERNMENT has been expressly authorised by the Minister of Internal Affairs; or
• The word GOVERNMENT comprises the whole or part of the proper name of any town, road or other place, and that place name is used in full; or
• The word GOVERNMENT is the surname of the person engaging in the business, trade or occupation.

Section 14(3)(c) of the Flags, Emblems and Names Protection Act 1981 prohibits the use of any other word or statement that claims or implies the patronage of Her Majesty, any other member of the Royal Family, the Governor-General, the House of Representatives, the Government, a Minister of the Crown or any government department, unless:

• The use of the word or statement in question is expressly authorised by or under any other Act; or
• The use of the word or statement in question has been expressly authorised by the relevant person; ¹² or
• The word or statement in question comprises the whole or part of the proper name of any town, road or other place, and that place name is used in full; or
• The word or statement in question is the surname of the person engaging in the business, trade or occupation.

Section 14(3)(d) of the Flags, Emblems and Names Protection Act 1981 prohibits the use of any word or statement that claims or implies connection with any society or body incorporated by Royal Charter, unless:

• The use of the word or statement in question is expressly authorised by or under any other Act; or
• The word or statement in question comprises the whole or part of the proper name of any town, road or other place, and that place name is used in full; or
• The word or statement in question is the surname of the person engaging in the business, trade or occupation.

Footnotes

¹¹ Practice Guideline Amendment 2008/03, IPONZ Newsletter, February 2008.

¹² See sections 14(4)(a)(ii)-(vi) of the Flags, Emblems and Names Protection Act 1981.

Section 16(1) of the Flags, Emblems and Names Protection Act 1981 prohibits the use of the following unless the use has been authorised by the Secretary-General of the United Nations:

• The name of the United Nations;
• The emblem of the United Nations;
• Any word or words that incorporate the name of the United Nations;
• Any word or words that incorporate any abbreviation or variation of the name of the United Nations.

Section 16(3) of the Flags, Emblems and Names Protection Act 1981 prohibits the use of any name or emblem in contravention of a notice that has been given under section 16(2) of the same Act. Such notices include the notices specified in Part B of Schedule 2 of the Flags, Emblems and Names Protection Act 1981.

The contents of Part B of Schedule 2 are set out below

Section 17 of the Flags, Emblems and Names Protection Act 1981 prohibits the use of:

• The word ANZAC;
• Any word that so closely resembles the word ANZAC as to be likely to deceive or mislead any person.

It is an offence to use the word ANZAC, or any other word that so closely resembles the word ANZAC as to be likely to deceive or mislead any person, in contravention of an order made under section 17(1) of the Flags, Emblems and Names Protection Act 1981. The notices specified in Part C of Schedule 2 are deemed to be orders made under section 17(1) of that Act.

The contents of Part C of Schedule 2 are set out below.

Section 19 of the Flags, Emblems and Names Protection Act 1981 prohibits the use of the following unless that use has been authorised by the Girl Guides Association:

• The name GIRL GUIDES ASSOCIATION;
• The names, designations and badges specified in Part D of Schedule 2.

The contents of Part D of Schedule 2 are set out below.

Section 19 of the Flags, Emblems and Names Protection Act 1981 prohibits the use of the following unless that use has been authorised by Toc H, Incorporated:

• The name “Toc H”;
• The button-badge of Toc H (see the description in the Gazette, 1939, at page 2012).

Section 20 of the Flags, Emblems and Names Protection Act 1981 prohibits the use of certain commercial words and names unless the use is expressly authorised:

• By or under any other Act; or
• By the Governor-General by Order in Council.
  

Section 20 covers the following words and names:

• DSIR;
• Department of Scientific and industrial research;
• Ruakura;
• Wheat Research Institute;
• New Zealand Soil Bureau;
• New Zealand Oceanographic Institute;
• Soil Conservation Centre;
• Physics and Engineering Laboratory;
• Institute of Nuclear Sciences;
• Dominion Physical Laboratory;
• NECAL;
• NZGS;
• Animal Research Laboratory;
• Agricultural Research Centre;
• Management Consultancy Services;
• MAF;
• New Zealand Communicable Disease Centre;
• Any word or name that so closely resembles any of the above as to be likely to deceive or mislead any person.

Historic text