Major Events Management Act 2007

1: Title
This Act is the Major Events Management Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purposes
1: The purposes of this Act are to provide—
a: certain protections for events that are declared to be major events under this Act in order to—
i: obtain maximum benefits from the major event for New Zealanders; and
ii: prevent unauthorised commercial exploitation at the expense of either a major event organiser or a major event sponsor; and
iii: ensure the smooth running of the major event; and
b: for the protection, and control over the use, of certain emblems and words relating to Olympic Games and Commonwealth Games.
2: To those ends, this Act—
a: establishes a procedure for appropriate events to be declared to be major events for the purposes of this Act; and
b: prohibits representations that suggest persons, brands, goods, or services have an association with a major event when they do not; and
c: prohibits advertising from intruding on a major event activity and the attention of the associated audience; and
d: prohibits activities that might compromise the smooth running of a major event, such as ticket scalping and pitch invasion; and
e: prohibits the use of certain emblems and words relating to Olympic Games and Commonwealth Games without appropriate authorisation.
4: Interpretation
In this Act, unless the context otherwise requires,— advertise
a: goods or services; or
b: brand of goods or services; or
c: person who provides goods or services aircraft association clean period Gazette section 16(1) clean transport route Gazette section 16(1) clean zone Gazette section 16(1) Commerce Minister Trade Marks Act 2002 court emblem
a: on a flag, banner, sign, or other printed or written material; or
b: made by way of a pictorial representation or other visual image; or
c: made in any other manner major event section 7(1) major event activity major event emblem section 8(1) major event organiser section 7(1) major event sponsor major event word section 8(1) Minister proper name protection period section 10 section 8(1) registering authority
a: the chief executive Charities Act 2005
b: the Registrar of Incorporated Societies under the Incorporated Societies Act 1908
c: the Registrar of Industrial and Provident Societies under the Industrial and Provident Societies Act 1908
d: the Registrar of Friendly Societies and Credit Unions under the Friendly Societies and Credit Unions Act 1982
e: the Commissioner of Trade Marks under the Trade Marks Act 2002
f: the Registrar of Companies under the Companies Act 1993
g: the Registrar of Incorporated Societies under Part 2
h: the Registrar of Building Societies under the Building Societies Act 1965
i: the Registrar of Unions under the Employment Relations Act 2000 sign section 5(1) Sports Minister Sport and Recreation New Zealand Act 2002 ticket to a major event activity Section 4 Economic Development Minister repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 4 Minister inserted 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 4 registering authority amended 1 July 2012 section 16(2) Charities Amendment Act (No 2) 2012
5: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails.
6: Act binds the Crown
This Act binds the Crown.
2: Declaration of major event and protections for major events
1: Declaration of major event
7: Declaration of major event
1: The Governor-General may, by Order in Council made on the recommendation of the Minister
2: An Order in Council under subsection (1) must identify the major event and the major event organiser.
3: The Minister
a: an event organiser has applied for an event to be declared to be a major event under this Act; and
b: the event activities will take place, at least in part, in New Zealand; and
c: the Minister is satisfied that the event organiser has the capacity and the intention to—
i: successfully and professionally stage and manage the event; and
ii: use all practicable measures available under the existing law to prevent unauthorised commercial exploitation of the major event and to protect its intellectual property and other legal rights (including, for example, registering relevant trade marks).
4: Before making a recommendation, the Minister
a: attract a large number of international participants or spectators and therefore generate significant tourism opportunities for New Zealand:
b: significantly raise New Zealand's international profile:
c: require a high level of professional management and co-ordination:
d: attract significant sponsorship and international media coverage:
e: attract large numbers of New Zealanders as participants or spectators:
f: offer substantial sporting, cultural, social, economic, or other benefits for New Zealand or New Zealanders.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(1) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 7(3) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 7(4) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 7(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Ambush marketing by association protections
8: Declaration of major event emblems and words
1: The Governor-General may, by Order in Council made on the recommendation of the Minister
a: an emblem to be a major event emblem:
b: a word, words if combined with other words, or a combination of words to be a major event word or major event words.
2: The Minister
a: the Commerce Minister; and
b: the major event organiser; and
c: persons the Minister considers are likely to be substantially affected by the recommendation.
3: Before making a recommendation, the Minister
a: obtain maximum benefits for New Zealanders:
b: prevent unauthorised commercial exploitation at the expense of either a major event organiser or a major event sponsor.
4: A failure to comply with subsection (2)(c) does not affect the validity of an Order in Council made under subsection (1).
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(1) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 8(2) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 8(3) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 8(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Declaration of protection period for major event
1: An Order in Council under section 8(1)
2: The major event's protection period need not be limited to the period when major event activities are to occur, but cannot end later than 30 days after the completion or termination of all major event activities.
10: No representation of association with major event
1: No person may, during a major event's protection period, make any representation in a way likely to suggest to a reasonable person that there is an association between the major event and—
a: goods or services; or
b: a brand of goods or services; or
c: a person who provides goods or services.
2: In subsection (1), a person who makes a representation includes a person who—
a: pays for, commissions, or authorises the representation; or
b: receives consideration for the placement or the location of the representation. Example The Football World Cup finals are to be held in New Zealand in 2007. The Football World Cup finals are declared to be a major event under section 7. Company A pays Company B to produce hats with writing on them that states “Company A—proud to bring you the 2007 Football World Cup”. Neither Company A nor Company B has the written authorisation of the major event organiser for Company A's representation of an association between itself and the Football World Cup. Both Company A and Company B are in breach of section 10.
11: Presumption if major event emblems or words are used
1: The court may presume that a representation is in breach of section 10
a: a major event emblem; or
b: a major event word or major event words; or
c: a representation that so closely resembles a major event emblem, a major event word, or major event words as to be likely to deceive or confuse a reasonable person.
2: Subsection (1) applies even if the representation is qualified by words like unauthorised unofficial section 10
12: Exceptions to sections 10 and 11
1: Sections 10 11
a: the association between the major event and the goods, services, brand of goods or services, or person who provides goods or services has the written authorisation of the major event organiser; or
b: the representation has the written authorisation of the major event organiser; or
c: the representation is of personal opinion made by a natural person for no commercial gain; or
d: in accordance with honest practices in industrial or commercial matters, the representation—
i: is necessary to indicate the intended purpose of goods or services; or
ii: is made by an existing organisation continuing to carry out its ordinary activities; or
iii: is for the purposes of reporting news, information, criticism, or a review (including promoting that news, information, criticism, or review) in a newspaper or magazine, or by means of television, radio, film, the Internet, or other means of reporting; or
iv: in the case of a word or emblem (provided that the word or emblem is not being used in combination with other words or emblems with the intention of suggesting an association that breaches section 10
A: the proper name of any town or road or other place in New Zealand; or
B: the legal or trade name (not being used for the purpose of defeating the intention of this subpart) of the person making the representation; or
C: an existing registered trade mark.
2: Nothing in subsection (1)(d)(iii) authorises a person to make a representation in a way likely to suggest to a reasonable person that there is an association between news, information, criticism, or a review about a major event and—
a: goods or services; or
b: a brand of goods or services; or
c: a person who provides goods or services. Examples The Football World Cup finals are to be held in New Zealand in 2007. The Football World Cup finals are declared to be a major event under section 7. All combinations of the words “Football”, “World”, and “Cup” are declared to be major event words under section 8. Example 1 The World's Best Cup Makers Limited is a New Zealand business that was established in 1982. For many years it has advertised itself with a slogan that states “Maker of cups and trophies for all sporting events, from football to synchronised swimming!” and a logo that shows a football player kicking a football. The World's Best Cup Makers Limited continues to operate and promote itself in this way during the period when the Football World Cup finals are held in New Zealand. The World's Best Cup Makers Limited does not have the written authorisation of the major event organiser for the use of its company name, its advertising, its slogan, or its logo. This is not a breach of section 10 because of the exception in section 12(1)(d)(ii). Example 2 Daily Newspaper A produces a 20-page Football World Cup supplement. It contains a schedule of the games to be played during the Football World Cup finals, an explanation of the rules of football, and details about each of the teams and the players and coaches in each of those teams. The supplement also contains a lot of advertising, none of which breaches section 10. However, Company B has paid Daily Newspaper A for the right to state on the cover of the supplement “Coverage of the Football World Cup finals is brought to you by Company B”. Neither Daily Newspaper A nor Company B has the written authorisation of the major event organiser for Company B's statement on the cover of the supplement. The content of the supplement and the advertising within it does not breach section 10 because of the exception in section 12(1)(d)(iii). However, both Daily Newspaper A and Company B are in breach of section 10 because of Company B's statement on the cover of the supplement. 1981 No 47 s 20A(3) 2002 No 49 s 95 London Olympic Games and Paralympic Games Act 2006 Schedule 4 cl 1(2)(b)
13: Offences and penalty for breach of section 10
1: Every person commits an offence who knowingly breaches section 10
2: Every person commits an offence who, knowing that a representation that breaches section 10
a: imports those goods into New Zealand for the purpose of trade or manufacture; or
b: sells those goods, or exposes those goods for sale; or
c: possesses those goods for the purpose of trade or manufacture.
3: Every person who commits an offence against subsection (1) or (2) is liable on 2002 No 49 ss 124 125 Section 13(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
14: Defences to breach of section 10
1: It is a defence to an action or a prosecution for a breach of section 10
a: that the defendant's business includes publishing or arranging for the publication of advertisements; and
b: that the defendant received the representation in the ordinary course of that business and did not know, and had no reason to believe, that publishing it would constitute a breach of section 10
2: This section overrides the presumption in section 11 1981 No 47 s 20AA London Olympic Games and Paralympic Games Act 2006 s 21(2)
15: Registering authority must not register in certain cases
1: Despite anything about registration in any other Act, a registering authority must not register—
a: an incorporated or unincorporated body under a name if the use by that body of that name, or of any word in that name, would breach section 10
b: an emblem on the application of any person if the use of that emblem by that person would breach section 10
2: The prohibition in subsection (1) applies only during the major event's protection period, but also applies to any application for registration that—
a: was filed or lodged before the start of the protection period; but
b: is not registered at the start of the protection period. 1981 No 47 s 21
3: Ambush marketing by intrusion protections
16: Declaration of clean zones, clean transport routes, and clean periods
1: By notice in the Gazette Minister
a: clean zones, and the clean periods that relate to those clean zones:
b: clean transport routes, and the clean periods that relate to those clean transport routes.
2: Before issuing a notice, the Minister
a: obtain maximum benefits for New Zealanders:
b: prevent unauthorised commercial exploitation at the expense of either a major event organiser or a major event sponsor.
3: A notice under subsection (1) may declare an area as a clean zone for a clean period only to the extent that—
a: the area consists of—
i: the venue of a major event activity; and
ii: areas that are directly proximate to the area in subparagraph (i) (for example, the adjacent footpath, road, or other thoroughfare); and
iii: areas that are otherwise necessary to enable the major event activity to occur; and
b: the area does not consist of excluded land or buildings; and
c: a major event activity is performed in the area during that clean period, although the clean period may include times before and after the major event activity that are reasonable in the circumstances.
4: A notice under subsection (1) may declare an area as a clean transport route for a clean period only to the extent that the area—
a: extends no more than 5 kilometres from the closest point of the boundary of a clean zone; and
b: consists of, or is directly proximate to, either—
i: a motorway or State highway (as those terms are defined in section 2(1) Government Roading Powers
ii: a railway line (as that term is defined in section 2(1)
c: does not consist of excluded land or buildings; and
d: is likely to be used by a substantial number of people to travel to or from a clean zone (the relevant clean zone
4A: A notice under this section is secondary legislation ( see Part 3
5: In this section, excluded land or buildings
a: billboards; or
b: the venue of a major event activity; or
c: land the public ordinarily has access to (for example, a railway station or a venue's car park). Examples The Football World Cup finals are to be held in New Zealand in 2007. The Football World Cup finals are declared to be a major event under section 7. Example 1: Clean zone and clean period The final game of the Football World Cup is to be held at the rugby stadium located in Phillipstown in Christchurch between 3 pm and 7 pm on Saturday, 9 June 2007. The Police and the Christchurch City Council have decided, in the particular circumstances of this major event activity, that in order to host safely the final game of the Football World Cup, it is necessary to close Stevens Street, Talfourd Place, and Lismore Street to vehicles from 12.01 am to 11.59 pm on Saturday, 9 June 2007. Falsgrove Street (between Lismore Street and Stevens Street) will also be closed for parts of that day. After taking into account the matters set out in section 16(2) and looking at the requirements of the particular event, the Minister The Minister declares the clean zone to be the area bordered by, and including, the footpaths on the north side of Stevens Street, the west side of Wilsons Road North (between Stevens Street and Lismore Street), the south side of Lismore Street (between Wilsons Road North and Falsgrove Street), and the west side of Falsgrove Street (between Lismore Street and Stevens Street). The stadium and its surrounds, including the stadium car park, (all of which are within the area described above) are included in the clean zone. However, none of the private land or private buildings within the area described above is included in the clean zone. The Minister declares the clean period for this clean zone to start at 12.01 am on Saturday, 9 June 2007 and finish at 11.59 pm on Saturday, 9 June 2007. Example 2: Clean transport routes and clean periods In accordance with section 16(1), the Minister State Highway 73 and the Christchurch Southern Motorway 73 are declared to be a clean transport route from the point on the Christchurch Southern Motorway that is 5 km in a straight line (in a south-westerly direction) from the corner of Falsgrove and Lismore Street, to the point on State Highway 73 that is 5 km in a straight line (in a south-easterly direction) from the corner of Lismore Street and Wilsons Road North. All of State Highway 74A is within 5 km of the clean zone and therefore all of this highway is also declared to be a clean transport route. Both clean transport routes are declared to include the areas directly proximate to the highways and motorway that do not consist of private land or private buildings. It appears that very few people will be using the railway lines to the north of State Highway 73 to travel to or from the clean zone. Therefore, the Minister decides not to declare this railway line to be a clean transport route. The clean period for the clean transport routes is declared to start at 8 am on Saturday, 9 June 2007 and finish at 11 pm on Saturday, 9 June 2007. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16(1) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 16(2) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 16(4)(b)(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 16(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 16 example 1 amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 16 example 2 amended 3 June 2017 section 4(2) Statutes Repeal Act 2017
17: No street trading in clean zone without authorisation
1: No person may engage in street trading in a clean zone during a clean period without the written authorisation of the major event organiser.
2: No person who is outside a clean zone may, without the written authorisation of the major event organiser, engage in street trading with a person who is in a clean zone during a clean period.
3: In this section, street trading Examples
These examples refer to the clean zone and the clean period set out in the examples in section 16. Example 1 Richard is a hot dog vendor. Richard sets up his hot dog cart and starts selling hot dogs on the footpath of Stevens Street on Saturday, 9 June 2007. Richard does not have the written authorisation of the major event organiser for Richard's street trading in the clean zone during the clean period. Richard is in breach of section 17(1). Example 2 Richard shifts his hot dog cart and sets it up on private property that is not part of the clean zone. Richard starts selling hot dogs over the fence of the property to people standing in the clean zone. It is still Saturday, 9 June 2007. Richard does not have the written authorisation of the major event organiser for Richard's street trading with a person in the clean zone during the clean period. Richard is in breach of section 17(2). Example 3 Richard shifts his hot dog cart to the footpath of Moorhouse Avenue, about 100 m outside the clean zone, and starts selling hot dogs. It is still Saturday, 9 June 2007. Richard does not have the written authorisation of the major event organiser for his street trading. This is not a breach of section 17.
18: No advertising in clean zone without authorisation
No person may advertise in a clean zone during a clean period without the written authorisation of the major event organiser. Examples These examples refer to the clean zone and the clean period set out in the examples in section 16. Example 1 Two weeks before the final game of the Football World Cup is held, Company A pays Company B for the right to place an advertisement advertising Company A's products on a billboard in Talfourd Place. The billboard is owned by Company B and is located within the area that will be a clean zone for the clean period. Company A has not advertised in this position before. Neither Company A nor Company B has the written authorisation of the major event organiser for this advertising. Both Company A and Company B are in breach of section 18 during the clean period. Example 2 Company A pays Company B to undertake an advertising campaign on its behalf. Accordingly, Company B hires people to stand on Lancaster Street, just outside the clean zone, and give away T-shirts to people as they enter the clean zone in order to watch the final game of the Football World Cup. The T-shirts are in Company A's corporate colours and are identifiable as relating to Company A and its products. Many of the people who are given these T-shirts put them on and wear them in the clean zone. None of Company A, Company B, or the people giving away the T-shirts has the written authorisation of the major event organiser for this advertising. Both Company A and Company B are in breach of section 18. The people giving away the T-shirts are not in breach of section 18.
19: No advertising that is clearly visible from clean zone
1: No person may advertise in a manner that is clearly visible from anywhere within a clean zone during a clean period without the written authorisation of the major event organiser.
2: Subsection (1) includes advertising on or by means of an aircraft, but does not include normal markings and livery on an aircraft.
3: In this section, clearly visible Examples These examples refer to the clean zone and the clean period, as well as the clean transport routes and the associated clean periods, set out in the examples in section 16. Example 1 Two weeks before the final game of the Football World Cup is held, Company A pays Company B to undertake an advertising campaign on its behalf. Accordingly, Company B arranges with Company C for the right to place a large advertisement advertising Company A's services on a billboard on top of a tall building located outside the clean zone. The billboard is owned by Company C, and Company C is paid for Company A's advertising being placed on the billboard. Company A has never advertised in this manner before. The advertising on the billboard is clearly visible from within the clean zone. None of Company A, Company B, or Company C has the written authorisation of the major event organiser for this advertising. Company A, Company B, and Company C are all in breach of section 19 during the clean period. Example 2 Company X produces goods that directly compete with goods produced by Company Y. Company Y is an official sponsor of the Football World Cup finals. Company X is not a sponsor of, and has no association with, the Football World Cup finals. Two weeks before the final game of the Football World Cup is held, Company X places an advertisement advertising its products on a billboard on Lancaster Street, about 50 m outside the clean zone. The billboard faces away from the clean zone so that, although the back of the billboard is clearly visible from within the clean zone, the advertising on the billboard cannot be seen from within the clean zone. The billboard is not in a clean transport route. Company X does not have the written authorisation of the major event organiser for this advertising. This is not a breach of section 19.
20: No advertising in clean transport route without authorisation
No person may advertise in a clean transport route during a clean period without the written authorisation of the major event organiser. Examples These examples refer to the clean transport routes and the associated clean periods, as well as the clean zone and the clean period, set out in the examples in section 16. Example 1 Two weeks before the final game of the Football World Cup is held, Company A pays Company B for the right to place advertisements advertising Company A's products on a number of billboards on the grass verge alongside State Highway 73. The billboards are all owned by Company B and are all located within the area that will be a clean transport route during the associated clean period. Company A has not advertised in this position before. Neither Company A nor Company B has the written authorisation of the major event organiser for this advertising. Both Company A and Company B are in breach of section 20 during the clean period. Example 2 Lots of advertising is clearly visible from a clean transport route during the associated clean period. However, none of this advertising is located within the clean transport route. It is also not located in a clean zone and is not clearly visible from within a clean zone. None of the advertising has the written authorisation of the major event organiser. This is not a breach of section 20.
21: Persons who advertise
In sections 18 to 20 advertises
a: pays for, commissions, or authorises the advertisement; or
b: receives consideration for the placement or the location of the advertisement.
22: Exceptions to sections 18 to 20
Sections 18 to 20
a: if, in accordance with honest practices in industrial or commercial matters, the advertising is done by an existing organisation continuing to carry out its ordinary activities; or
b: on articles of clothing (including shoes) or other personal items being worn, carried, or used by—
i: a member of the public, unless that item is being worn, carried, or used in co-ordination with other persons with the intention that the advertising intrude on a major event activity or the attention of the associated audience; or
ii: a person who is a participant in, or who is officiating at, a major event activity; or
iii: a volunteer engaged in the management or conduct of a major event activity; or
c: in a newspaper or magazine, or on a television, radio, or electronic device, being used for personal use, unless it is being used with the intention that the advertising intrude on a major event activity or the attention of the associated audience; or
d: on a train, boat, or vehicle, provided that that train, boat, or vehicle is being used to carry out its ordinary activities in its usual manner; or
e: on an aircraft that is used for an emergency that involves a danger to life or property necessitating the urgent transportation of persons or medical or other supplies for the protection of life or property. Examples These examples refer to the clean zone and the clean period, as well as the clean transport routes and the associated clean periods, set out in the examples in section 16. Example 1 Existing Business A carries on its business from a private building situated on private land on Stevens Street. Although the land is located within the overall parameters of the clean zone, because it is private land it has not been declared to be part of the clean zone. Existing Business A has a large billboard on the roof of its building advertising Existing Business A's services. This billboard has been there for many years. The advertising on the billboard is clearly visible from within the clean zone. Existing Business A does not have the written authorisation of the major event organiser for this advertising. This is not a breach of section 19 because of the exception in section 22(a). Example 2 Two years before the final game of the Football World Cup is held, Company A pays Company B for the right to place advertisements advertising Company A's services on a number of billboards on the grass verge alongside State Highway 73. The billboards are all owned by Company B and are all located within the area that will be a clean transport route during the associated clean period. These billboards are maintained in this area throughout the 24 months leading up to the final game of the Football World Cup, throughout the clean period, and for a period after the final game. Neither Company A nor Company B has the written authorisation of the major event organiser for this advertising. This is not a breach of section 20 because of the exception in section 22(a). Example 3 Amy attends the final game of the Football World Cup. She wears her favourite T-shirt and hat, which have advertising brands clearly visible upon them. She is also carrying a newspaper that has many advertisements within it. In order to get to the game, Amy catches a bus that travels along a clean transport route. Amy does not have the written authorisation of the major event organiser for this advertising. This is not a breach of section 18, 19, or 20 because of the exceptions in section 22(b)(i) and (c). 1981 No 47 s 20A(3) 1990 No 98 s 13A(3) 2002 No 49 s 95 London Olympic Games and Paralympic Games Act 2006 Schedule 4 cl 1(2)(b)
23: Offences and penalties for breach of any of sections 17 to 20
1: Every person commits an offence who knowingly breaches any of sections 17 to 20
2: Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $150,000. Section 23(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
24: Defences to breaches of sections 18 to 20
It is a defence to an action or a prosecution for a breach of any of sections 18 to 20
a: that the defendant's business includes publishing or arranging for the publication of advertisements; and
b: that the defendant received the advertisement in the ordinary course of that business and did not know, and had no reason to believe, that publishing it would constitute a breach of any of sections 18 to 20 1981 No 47 s 20AA London Olympic Games and Paralympic Games Act 2006 s 21(2)
4: Ticket-scalping protections
25: Ticket-scalping protections
1: No person may, without the authorisation of the major event organiser, sell or trade a ticket to a major event activity for a value greater than the original sale price of that ticket.
2: In subsection (1),— original sale price sell or trade
26: Offence and penalty for breach of section 25
1: Every person commits an offence who knowingly sells or trades a ticket to a major event activity in breach of section 25
2: A person who commits an offence against this section is liable on 1981 No 47 s 24 Section 26(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Pitch invasion
27: Offence to invade pitch at major sporting event
1: Every person commits an offence who, without authority, does either or both of the following:
a: goes onto the playing surface at a major sporting event; or
b: propels any object onto the playing surface at a major sporting event.
2: In this section,— major sporting event playing surface propels
3: A person who commits an offence against this section is liable on Section 27(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
3: Permanently protected emblems and words
28: Unauthorised use of emblems and words relating to Olympic Games and Commonwealth Games
Every person commits an offence who, without the written authorisation of the New Zealand Olympic Committee Incorporated,—
a: causes an incorporated or unincorporated body to be formed under any name, title, style, or designation that—
i: includes any word in Parts 2 3
ii: so closely resembles any word in Parts 2 3
b: in a business, trade, or occupation carries on activities under any word, name, title, style, or designation that—
i: includes any emblem or word in Parts 1 to 3
ii: so closely resembles any emblem or word in Parts 1 to 3
c: in any business, trade, or occupation displays, exhibits, or otherwise uses any word, name, title, style, or designation that—
i: includes any emblem or word in Parts 1 to 3
ii: so closely resembles any emblem or word in Parts 1 to 3 1981 No 47 s 20A
29: Authorisation by New Zealand Olympic Committee Incorporated
1: The New Zealand Olympic Committee Incorporated must make a decision on an application for its written authorisation for a person to take an action described in section 28
2: A decision of the New Zealand Olympic Committee Incorporated under subsection (1) is an exercise of a statutory power of decision for the purposes of the Judicial Review Procedure Act 2016 1981 No 47 s 20A Section 29(2) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
30: Exceptions to section 28
Section 28
a: the display, exhibition, or use is expressly authorised by or under any Act or by the Governor-General by Order in Council; or
b: immediately before 18 December 1998, either—
i: that display, exhibition, or use was expressly authorised by any consent, permission, approval, or authority given by a person lawfully entitled to give it; or
ii: the emblem or word was registered under any statutory authority; or
c: the emblem or word is part of the description of any sporting or recreational facilities operated by a local authority or community organisation; or
d: the display, exhibition, or use is for the purposes of, or associated with, the reporting of news or criticism or a review in a newspaper or magazine, or by means of television, radio, film, the Internet, or by other means of reporting by a person who ordinarily engages in the business of such reporting; or
e: the display, exhibition, or use is for the purposes of, or associated with, a radio or television programme, an Internet website, or a film, book, or article for publication in a newspaper or magazine, relating to a person who was a member or official of the New Zealand team that competed at an Olympic Games or Commonwealth Games; or
f: in the case of a word, the word comprises the whole or part of the proper name of any town or road or other place in New Zealand; or
g: in the case of a word, the word is the surname or initials (not being used for the purpose of defeating the intention of this section) of a foundation member of the body or of the person engaging in the business, trade, or occupation. 1981 No 47 s 20A
31: Penalty for offence against section 28
Every person who commits an offence against section 28 1981 No 47 s 24 Section 31 amended 1 July 2013 section 413 Criminal Procedure Act 2011
32: Defence to offence against section 28
It is a defence to a prosecution for an offence against section 28 section 28
a: that the defendant's business includes publishing or arranging for the publication of advertisements; and
b: that the defendant received the advertisement, or the emblem or word contained in the advertisement, in the ordinary course of that business and did not know, and had no reason to believe, that the publication of the advertisement or the publication of the advertisement containing that emblem or word would constitute a breach of section 28 1981 No 47 s 20AA(1)
33: Injunction for breach of section 28
1: The New Zealand Olympic Committee Incorporated may apply to the court or the District Court
2: On an application under subsection (1), if the court is satisfied that a person has committed an offence against section 28
a: grant an injunction restraining the person from engaging in conduct that appears to the court to constitute that offence; or
b: if it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct that appears to the court to constitute that offence.
3: On an application under subsection (1), if it appears to the court that a person ( person A section 28
a: grant an injunction restraining person A from engaging in conduct that appears to the court to constitute that offence; or
b: if it is desirable to do so, grant an interim injunction restraining person A from engaging in conduct that appears to the court to constitute that offence.
4: The court may at any time rescind or vary an injunction granted under this section. 1981 No 47 s 20B Section 33(1) amended 1 March 2017 section 261 District Court Act 2016
34: Registering authority must not register in certain cases
1: Despite anything about registration in any other Act, a registering authority must not register—
a: an incorporated or unincorporated body under a name if the use by that body of that name, or of any word in that name, would be an offence against section 28
b: an emblem on the application of any person if the use of that emblem by that person would be an offence against section 28
2: However, a registering authority may authorise the registration of an incorporated or unincorporated body under a name to which subsection (1)(a) applies if the Registrar is satisfied that in the context in which it is intended to be used—
a: it is not likely to deceive any person; and
b: that name, or any word in that name,—
i: comprises the whole or part of the proper name of any town or road or other place in New Zealand which is to be used in full by the incorporated or unincorporated body; or
ii: is the surname (not being a surname taken or used for the purpose of defeating the intention of this subsection) of a foundation member of the incorporated or unincorporated body. 1981 No 47 ss 20(5) 21
4: Enforcement
1: Matters of general application
35: Act does not affect other rights
Nothing in this Act affects any principle of law or any other remedy in any other Act, including—
a: the law relating to passing off; or
b: rights under the Fair Trading Act 1986
c: rights under the Geographical Indications Registration Act 2006
d: rights under the Trade Marks Act 2002
e: rights under the Copyright Act 1994 2002 No 49 s 88 Section 35(c) amended 1 May 2024 section 87 European Union Free Trade Agreement Legislation Amendment Act 2024
36: Interrelationship of civil and criminal remedies under this Act
Any right of action or other remedy available under this Act (whether civil or criminal) may be taken, proceeded with, or heard in conjunction with any other action or remedy available under this Act.
2: Border protection measures
37: Application of Trade Marks Act 2002 to major event emblems and major event words
1: Subpart 3
2: In particular,—
a: an Order in Council under section 8 section 139
b: claimant
c: the period for which the notice is to be in force is the relevant protection period; and
d: infringing sign
i: goods or services; or
ii: a person who provides goods or services; and
e: except as specified in paragraph (a), sections 137 to 141
3: In applying subpart 3
a: that subpart and this section do not apply in relation to any infringing sign that has been applied to goods in an overseas country by, or with the written authorisation of, the major event organiser; and
b: the chief executive or a customs officer may release any goods that are in the control of the Customs or that have been detained in the custody of the chief executive or a customs officer if a reasonable person would not believe there is an association between those goods and the major event.
4: Any term or expression that is defined in section 135
3: Enforcement officers
38: Chief executive may appoint enforcement officers
The chief executive of the Ministry of Economic Development may appoint enforcement officers, on a permanent or temporary basis, to perform the functions set out in section 40 2003 No 51 s 330
39: Authority to act as enforcement officer
1: The chief executive of the Ministry of Economic Development must issue a warrant of appointment to every person appointed as an enforcement officer.
2: A warrant of appointment must—
a: be in the prescribed form; and
b: bear the photograph and signature of the holder; and
c: contain any other particulars that may be prescribed.
3: A warrant of appointment is, in the absence of evidence to the contrary, sufficient proof that the holder of the warrant may exercise the powers conferred on an enforcement officer under this subpart.
4: A person who ceases to be an enforcement officer must return the person's warrant of appointment.
5: A person who fails to comply with subsection (4) commits an offence and is liable on 2003 No 51 s 331 Section 39(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
40: Functions of enforcement officer
An enforcement officer must, to the extent reasonably practicable, ensure compliance with this Act by carrying out the following functions:
a: identifying breaches or potential breaches of sections 10 17 to 20 25 sections 13 23 26
b: issuing formal warnings in accordance with section 46
c: inspecting and monitoring clean zones:
d: seizing or covering things in clean zones in accordance with sections 42 to 45
e: obtaining search warrants, executing search warrants, seizing things, and covering things in accordance with section 42(6) subpart 6
f: reporting to the chief executive of the Ministry of Economic Development on any matters relating to the enforcement officer's functions. 2003 No 51 s 332
41: Enforcement officer's entry to premises restricted
An enforcement officer may not enter any place except in the following circumstances:
a: when the place is part of a clean zone; or
b: when the place is outside a clean zone and it is a place that the enforcement officer may lawfully enter without a search warrant; or
c: when the entry is authorised by a search warrant issued under section 67 2003 No 12 s 127
42: Power of enforcement officer to seize or cover things
1: An enforcement officer may seize or cover any thing if the officer has reasonable grounds to believe it breaches, or is being used to breach, any of sections 10 17 to 20 25
a: within a clean zone; or
b: outside a clean zone and it is in a place that the enforcement officer may lawfully be without a search warrant.
2: An enforcement officer may exercise the power set out in subsection (1) only after he or she has, as applicable,—
a: given the person from whom the thing is proposed to be seized the opportunity to surrender the thing to the officer; or
b: given the person in possession of the thing the opportunity to cover the thing.
3: When exercising the power set out in subsection (1), an enforcement officer may use such force as is reasonable in the circumstances.
4: To avoid doubt, subsection (1) does not authorise an enforcement officer to—
a: search any person; or
b: enter any place, except in accordance with section 41
5: An enforcement officer who exercises powers under this section must—
a: show his or her warrant of appointment to any person present who may be interested in, or affected by, the exercise of those powers; and
b: take all steps that are practicable in the circumstances to ensure that as little damage as possible is caused.
6: The powers to seize or cover things in this section are in addition to the powers of enforcement officers under subpart 6
a: enter and search any place, vehicle, or thing, whether that place, vehicle, or thing is part of, or within, a clean zone, or outside a clean zone; and
b: seize or cover any specified thing. 2003 No 51 s 335
43: Notice of thing seized or covered under section 42
1: If any thing is seized or covered under section 42
a: the date and time when the thing was seized or covered; and
b: the name of the person who seized or covered the thing; and
c: for seized things, particulars of the thing and details of when and where it can be collected; and
d: for covered things, details of when it can be uncovered; and
e: if relevant, the date and time at which the applicable clean period ends.
2: The notice must be given or left when the thing is seized or covered.
3: The notice must be—
a: given to the person from whom the thing was seized under section 42
b: given to the person who surrendered the thing to the enforcement officer in accordance with section 42
c: left in a prominent place where the thing was seized or covered. 2003 No 51 s 337
44: Uncovering of things covered under section 42
1: Any thing covered under section 42 sections 17 to 20
2: In relation to any thing covered under section 42 section 10 sections 77 78 section 67
45: Return of things seized under section 42
1: Any thing seized under section 42 sections 17 to 20
2: In relation to any thing seized under section 42 section 10 25 sections 76 78 section 67 2003 No 51 s 337
46: Enforcement officers may issue formal warnings
1: An enforcement officer may issue 1 or more formal warnings to a person if the enforcement officer has reasonable grounds to believe that that person has breached section 10 17 18 19 20 25
2: A formal warning must—
a: state—
i: that the enforcement officer believes that the person to whom the warning is issued is in breach of section 10 17 18 19 20 25
ii: the grounds for that belief; and
iii: the consequences that that person may face for a breach of section 10 17 18 19 20 25
b: be in the prescribed form; and
c: be issued in the manner specified in regulations made under section 82 2003 No 51 s 338
47: No liability if powers are exercised in good faith
1: This section applies to—
a: enforcement officers:
b: persons who assist enforcement officers in accordance with section 68(3)
c: Police officers who perform any of the functions of an enforcement officer under section 48
2: No action may be taken against a person to whom this section applies in relation to the exercise of his or her powers under this Act if he or she exercised those powers—
a: in good faith; and
b: in a reasonable manner; and
c: in the reasonably held belief that the prerequisites for the exercise of the power had been satisfied.
48: Functions and powers of Police
Every member of the Police—
a: may perform any of the functions of an enforcement officer; and
b: has all, and may exercise any, of the powers of an enforcement officer. 2003 No 51 s 339
4: Civil proceedings
General matters concerning civil proceedings
49: Who may apply for relief
1: A major event organiser may apply to the court for relief—
a: to prevent a breach of any of sections 10 17 to 20 25
b: if there is or has been a breach of any of sections 10 17 to 20 25
2: A major event sponsor may request the major event organiser's permission for the sponsor to take proceedings for relief—
a: to prevent a breach of any of sections 10 17 to 20 25
b: if there is or has been a breach of any of sections 10 17 to 20 25
3: If the major event organiser gives a major event sponsor permission for the sponsor to take proceedings,—
a: the sponsor may commence proceedings in the sponsor's own name as if the sponsor were the major event organiser, and every reference to major event organiser in this subpart is to be read as a reference to major event sponsor; and
b: the major event organiser may join or be joined in the proceeding, but is not liable for any costs in the proceedings unless that person takes part in the proceedings; and
c: the defendant has all the defences that would be available against proceedings by the major event organiser. 1994 No 143 ss 123(3) 124(2)
50: Time for bringing civil proceedings
A major event organiser may bring civil proceedings under this subpart for a breach of any of sections 10 17 to 20 25
51: Unjustified civil proceedings
1: If a person brings civil proceedings alleging a breach of this Act, the court may, on the application of any person against whom the proceedings are brought,—
a: make a declaration that the bringing of proceedings is unjustified:
b: make an order for the payment of damages for any loss suffered by the person against whom the proceedings are brought.
2: The court must not grant relief under this section if the person who brings the proceedings proves that the acts in respect of which proceedings are brought constituted, or would have constituted if they had been done, a breach of this Act.
3: Nothing in this section makes a barrister or solicitor of the High Court of New Zealand liable to any proceedings under this section in respect of any act done in his or her professional capacity on behalf of a client. 2002 No 49 s 105 Injunctions, damages, and account of profits
52: Court may grant injunction, damages, and account of profits
In any civil proceedings for a breach of any of sections 10 17 to 20 25
a: an injunction on any terms that the court thinks fit:
b: either damages or an account of profits. 2002 No 49 s 106 Order for erasure
53: Order for erasure
1: The court may make an order under subsection (2) if a major event organiser applies for the order.
2: If the court is satisfied that a person has breached any of sections 10 18 19 20
a: to erase, remove, or obliterate the unauthorised representation or advertisement from any goods, material, or object in the person's possession, custody, or control; or
b: to cover the unauthorised representation or advertisement on any goods, material, or object in the person's possession, custody, or control; or
c: if it is not reasonably practicable to erase, remove, cover, or obliterate the unauthorised representation or advertisement, to destroy the goods, material, or object; or
d: to erase or remove the unauthorised representation or advertisement from any land, building, structure, or surface (including the surface of an aircraft, boat, train, or vehicle); or
e: to cover the unauthorised representation or advertisement on any land, building, structure, or surface (including the surface of an aircraft, boat, train, or vehicle).
3: If an order under subsection (2)(a), (b), or (c) is not complied with, or it appears to the court likely that the order would not be complied with, the court may order that the relevant goods, material, or object be delivered to any person whom the court may direct—
a: to erase, remove, or obliterate the unauthorised representation or advertisement from the goods, material, or object; or
b: to cover the unauthorised representation or advertisement on the goods, material, or object; or
c: if it is not reasonably practicable to erase, remove, cover, or obliterate the unauthorised representation or advertisement, to destroy the goods, material, or object. 2002 No 49 s 108
54: Rights of persons with interest in unauthorised representation or advertisement
Every person who has an interest in the goods, material, object, land, building, structure, or surface, or the unauthorised representation or advertisement, to which an order under section 53
a: appear in proceedings for an order under that section, whether or not the person is served with notice; and
b: appeal against any order made, whether or not the person appears in the proceedings. Direction for corrective advertising
55: Order to disclose information or publish advertisement
1: The court may make an order under subsection (2) if a major event organiser applies for the order.
2: If the court is satisfied that a person has breached section 10
a: disclose information specified in the order about a civil proceeding for a breach of section 10
b: publish corrective statements.
3: The information or corrective statements ordered by the court under subsection (2) are to be published or disclosed to the public, or to a particular member of or class of the public,—
a: at the person's own expense; and
b: in the manner specified in the court order; and
c: at the times specified in the order; and
d: in the terms specified in the order or determined in accordance with the order.
4: The court may make an order under subsection (1) whether or not the person has previously breached section 10 1986 No 121 s 42 Orders for delivery up
56: Order for delivery up of goods, material, or object
1: The court may make an order under subsection (2) if a major event organiser applies for the order.
2: The court may order any goods, material, or object on, by, or through which a breach of section 10
3: No order may be made under this section unless—
a: the court makes an order under section 57
b: it appears to the court that there are grounds for making an order under that section.
4: A person to whom any goods, material, or object is delivered up under an order made under this section must, if an order under section 57
a: the making of an order under that section; or
b: the decision not to make an order under that section, in which case section 63
5: Nothing in this section affects any other power of the court. 2002 No 49 s 109
57: Order for forfeiture, destruction, or retention of goods, material, or object
The court may order that the goods, material, or object subject to an order under section 56
a: forfeited to the major event organiser or any other person that the court thinks fit; or
b: destroyed or otherwise dealt with as the court thinks fit; or
c: retained by the major event organiser or any other person that the court thinks fit until the end of the relevant protection period and then returned to the person who delivered them up. 2002 No 49 s 110
58: Matters to be considered by court
In considering what order, if any, should be made under section 57
a: whether other remedies available for a breach of section 10
i: the major event organiser:
ii: the major event sponsor (if any); and
b: the need to ensure that nothing is disposed of in a manner that would adversely affect—
i: the major event organiser:
ii: the major event sponsor (if any). 2002 No 49 s 111
59: Directions for service
The court must issue directions for the service of notice on every person who is known to have an interest in the goods, material, or object to which an order under section 57
60: Rights of persons with interest in goods, material, or object
Every person who has an interest in the goods, material, or object to which an order under section 56 57
a: appear in proceedings for an order under that section, whether or not the person is served with notice; and
b: appeal against any order made, whether or not the person appears in the proceedings.
61: When order under section 57 takes effect
An order made under section 57
a: if no notice of an appeal has been given, after 10 working days; or
b: if notice of an appeal has been given, on the final determination or abandonment of the proceedings on appeal.
62: Additional court order if more than 1 person interested in goods, material, or object
If more than 1 person is interested in the goods, material, or object to which an order under section 57
a: direct that the goods, material, or object be sold, or otherwise dealt with, and the proceeds divided; and
b: make any other order that it thinks fit.
63: Position where no order made under section 57
If the court decides that no order should be made under section 57
5: Criminal offences
64: Time for filing charging document for offence against section 26 or 28
1: Despite anything to the contrary in section 25 section 26 28
2: Nothing in subsection (1) affects the application of section 25 Section 64 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
65: Application of Sentencing Act 2002
If a person is convicted of an offence against section 13 23 26 27 28
a: that offence is deemed to have caused a loss of property for the purposes of section 32(1)(a)
b: the provisions of that Act that relate to the imposition of the sentence of reparation apply accordingly. 2002 No 49 s 118
66: Liability of officers of body corporate
If a body corporate is convicted of an offence against any of sections 13 23 26 28
a: that the act that constituted the offence took place with his or her authority, permission, or consent; and
b: that he or she—
i: knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and
ii: failed to take all reasonable steps to prevent or stop it. 2002 No 49 s 119
6: Search warrants
67: Issue of warrant
1: Any issuing officer (within the meaning of section 3 subpart 3
a: in respect of which an offence under this Act has been or is being committed; or
b: that has been, is being, or is intended to be used by any person for the commission of an offence under this Act; or
c: that is evidence of the commission of an offence under this Act by any person.
1A: Despite subsection (1), in addition to satisfying any applicable requirement in subpart 3
a: an application under subsection (1) must include details of any thing that is to be searched for and covered; and
b: a search warrant issued under subsection (1) must state whether it authorises any thing to be covered and, if so, contain, in reasonable detail, a description of the thing to be covered; and
c: a person who executes a warrant and covers any thing must leave in a prominent position or at the place searched or give to the owner or occupier a written notice stating a list of the particulars of the covered thing, and that it may be uncovered in accordance with sections 77 78
2: Subject to section 68 Part 4
3: Despite subsection (2), sections 118 119 2003 No 12 s 130 Section 67(1) amended 1 October 2012 section 272(2) Search and Surveillance Act 2012 Section 67(1A) inserted 1 October 2012 section 272(3) Search and Surveillance Act 2012 Section 67(2) replaced 1 October 2012 section 272(4) Search and Surveillance Act 2012 Section 67(3) inserted 1 October 2012 section 272(4) Search and Surveillance Act 2012
68: Powers conferred by warrant
1: Without limiting the powers conferred by any warrant issued under section 67(1)
1A: In applying the provisions of Part 4
2: The power conferred by a warrant
3:
4: 2002 No 84 s 172(3) 2003 No 12 s 131 Section 68(1) replaced 1 October 2012 section 272(5) Search and Surveillance Act 2012 Section 68(1A) inserted 1 October 2012 section 272(5) Search and Surveillance Act 2012 Section 68(2) amended 1 October 2012 section 272(6) Search and Surveillance Act 2012 Section 68(3) repealed 1 October 2012 section 272(7) Search and Surveillance Act 2012 Section 68(4) repealed 1 October 2012 section 272(7) Search and Surveillance Act 2012
69: Form and content of search warrant
Section 69 repealed 1 October 2012 section 272(8) Search and Surveillance Act 2012
70: Warrant must be produced
Section 70 repealed 1 October 2012 section 272(8) Search and Surveillance Act 2012
71: Other duties of person who executes warrant
Section 71 repealed 1 October 2012 section 272(8) Search and Surveillance Act 2012
72: When alternative to list of seized things may be provided
Section 72 repealed 1 October 2012 section 272(8) Search and Surveillance Act 2012
73: Matters that must be stated in list of documents
Section 73 repealed 1 October 2012 section 272(8) Search and Surveillance Act 2012
74: Duty to assist
Section 74 repealed 1 October 2012 section 272(8) Search and Surveillance Act 2012
75: Power to inspect and take copies of documents, etc, obtained under warrant
Section 75 repealed 1 October 2012 section 272(8) Search and Surveillance Act 2012
76: Disposal of things seized
Section 76 repealed 1 October 2012 section 272(8) Search and Surveillance Act 2012
77: Uncovering or disposal of things covered
1: In any proceeding for an offence relating to any thing covered under warrant, a court may order, either at the trial or hearing or on an application, that it be uncovered, or that it be otherwise disposed of in any manner that the court thinks fit.
2: Any member of the Police or an enforcement officer may, at any time, unless an order has been made under subsection (1), uncover the thing, or apply to a Judge for an order for its disposal.
3: An application under subsection (2) must be made on notice to any person known to have an interest in the thing.
4: On an application under subsection (2), the Judge may make any order that a court may make under subsection (1).
5: If proceedings for an offence relating to the thing are not brought within 3 months of it having been covered, any person claiming to be entitled to it may, after the expiry of that period, apply to a Judge for any order that it be uncovered.
6: On any such application, the Judge may—
a: adjourn the application, on any terms that he or she thinks fit, for proceedings to be brought; or
b: make any order that a court may make under subsection 1). 2003 No 12 s 139
78: Court order to be suspended on conviction
1: If any person is convicted in any proceedings for an offence relating to any thing for which a warrant has been issued, and any order is made under section 76 77
a: in any case, until the expiration of the time prescribed by the Criminal Procedure Act 2011
b: if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
c: if application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.
2: If the operation of an order under section 76 77 2003 No 12 s 140 Section 78(1)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Miscellaneous
79: Emblems and words protected under other Acts
Nothing in this Act limits or affects any of the enactments specified in Schedule 3 1981 No 47 s 23
80: Power to amend Schedule
1: The Governor-General may, from time to time, by Order in Council,—
a: amend the Schedule
b: revoke the Schedule
2: An order under this section is secondary legislation ( see Part 3 1981 No 47 s 26A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 80(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
81: Application of Legislation Act 2012
Section 81 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
82: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the information that an event organiser must provide when applying under section 7(3)(a)
b: prescribing the form of a warrant of appointment of an enforcement officer and any particulars that the warrant must contain for the purposes of section 39
c: prescribing the form of formal warnings, and specifying the manner in which they must be issued under section 46
d: prescribing the form of a search warrant for the purposes of section 69(a)
e: providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 82(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
83: Repeal
The Flags, Emblems, and Names Protection Act 1981 sections 20A to 20B Schedule 2A 2007-08-29 Section 20A Section 20AA Section 20B Schedule 2A


Wills Act 2007

1: Title
This Act is the Wills Act 2007.
2: Commencement
This Act comes into force on 1 November 2007.
1: Preliminary provisions
3: Purposes
The purposes of this Act are to—
a: replace the Wills Act 1837
b: change aspects of the law contained in the Wills Act 1837
c: provide for other matters relating to wills.
4: Wills to which this Act applies
This Act applies to the wills of persons who die on or after 1 November 2007. 1977 No 55 ss 2(5) 3(2)
5: Act binds the Crown
This Act binds the Crown.
6: Interpretation
For the purposes of this Act, unless the context requires another meaning,— Armed Forces section 33 de facto relationship section 14 disposition
a: the creation by will of a power of appointment; and
b: the exercise by will of a power of appointment document military or seagoing person section 33 movable property section 22(1) operational service section 33 personal representative property section 8(5) seafarer section 33 valid section 7 will section 8 will-maker
a: means a person who makes, changes, revokes, or revives a will; and
b: is the equivalent of testator testatrix Section 6 de facto relationship amended 28 October 2021 section 3 Secondary Legislation Act 2021
7: Meaning of valid
1: A will is valid
a: it complies with section 11
b: it is declared valid under section 14
2: An exercise of a power of appointment by a will that complies with section 11 valid Wills Act 1837 ss 9 10
8: Meaning of will
1: Will
a: is made by a natural person; and
b: does any or all of the following:
i: disposes of property to which the person is entitled when he or she dies; or
ii: disposes of property to which the person's personal representative becomes entitled as personal representative after the person's death; or
iii: appoints a testamentary guardian.
2: When this Act refers to making, changing, revoking, or reviving a will, it means a will as defined in subsection (1).
3: When this Act refers to a will in any other context, it means whichever is appropriate of the following:
a: a will as defined in subsection (1); or
b: a document that changes a will as defined in subsection (1); or
c: a document that revokes a will as defined in subsection (1); or
d: a document that revives a will as defined in subsection (1); or
e: a codicil to a will as defined in subsection (1).
4: A person who may dispose of property during his or her life by a document creating a valid power or trust may dispose of property by his or her will by creating a power or trust of the same kind.
5: In this section, property
a: includes—
i: a contingent, executory, or future interest in property; and
ii: a right of entry to property; and
iii: a right of recovery of property; and
iv: a right to call for the transfer of title to property; and
b: does not include property of which a person is a trustee when he or she dies.
6: Section 108 Wills Act 1837 ss 1 3
2: Wills
1: Making, changing, revoking, and reviving wills
9: Persons who may make, change, revoke, and revive wills
1: A person of 18 years or over may make, change, revoke, and revive a will.
2: A person under 18 years may make, change, revoke, and revive a will if he or she—
a: is married, in a civil union, or in a de facto relationship; or
b: has been married, in a civil union, or in a de facto relationship.
3: A person under 18 years may make, change, revoke, and revive a will if he or she—
a: is not married, in a civil union, or in a de facto relationship; and
b: has never been married, in a civil union, or in a de facto relationship; and
c: has not agreed with another person to marry him or her or enter a civil union with him or her; and
d: satisfies the Family Court
i: making, changing, revoking, and reviving a will; or
ii: doing whichever of those actions he or she asked the court to approve; and
e: has an approval given by the Family Court, with or without conditions, to his or her—
i: making, changing, revoking, or reviving a will; or
ii: doing whichever of those actions he or she asked the court to approve.
4: A person under 18 years may make, change, revoke, and revive a will if, on the date on which his or her will complies with section 11
a: is a military or seagoing person; or
b: is about to comply with an order to train for or join the Armed Forces for operational service; or
c: is about to comply with an order to join a ship as a seafarer. 1955 No 94 s 6(b), (c) 1969 No 40 s 2(1)–(3) 2005 No 25 s 6 Section 9(3)(d) amended 1 March 2017 section 261 District Court Act 2016
10: Persons under 18 who agree to marry or enter civil union
1: A person under 18 years may make, change, revoke, and revive a will if—
a: he or she and another person have agreed to marry each other or enter a civil union with each other; and
b: either—
i: the will expressly says that it is made in contemplation of the marriage or civil union; or
ii: the will does not expressly say that it is made in contemplation of the marriage or civil union but the circumstances existing when it was made show clearly that it was made in contemplation of the marriage or civil union.
2: The will is effective if the marriage or civil union occurs. Validity
11: Requirements for validity of wills
1: A will must be in writing.
2: A will must be signed and witnessed as described in subsections (3) and (4).
3: The will-maker must—
a: sign the document; or
b: direct another person to sign the document on his or her behalf in his or her presence.
4: At least 2 witnesses must—
a: be together in the will-maker's presence when the will-maker—
i: complies with subsection (3)
ii: acknowledges that—
A: he or she signed the document earlier and that the signature on the document is his or her own; or
B: another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and
b: each sign the document in the will-maker's presence.
5: As evidence of compliance with subsection (4)
a: that he or she was present with the other witnesses when the will-maker—
i: signed the document; or
ii: acknowledged that he or she signed the document earlier and that the signature on the document is his or her own; or
iii: directed another person whose signature appears on the document to sign the document on his or her behalf in his or her presence; or
iv: acknowledged that another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and
b: that he or she signed the document in the will-maker's presence.
6: No particular form of words is required for the purposes of subsection (5) Wills Act 1837 s 9 Section 11(3) replaced (with effect on 1 November 2007) 25 February 2012 section 4 Wills Amendment Act 2012 Section 11(4) replaced (with effect on 1 November 2007) 25 February 2012 section 4 Wills Amendment Act 2012 Section 11(5) inserted (with effect on 1 November 2007) 25 February 2012 section 4 Wills Amendment Act 2012 Section 11(6) inserted (with effect on 1 November 2007) 25 February 2012 section 4 Wills Amendment Act 2012
12: Witnesses
1: The person appointed as executor of a will may witness the will.
2: The validity of a will is not affected by the fact that a witness did not know that the document he or she was signing was a will. Wills Act 1837 ss 13 17
13: Witnesses affected by dispositions made to them
1: A disposition of property in a will is void if—
a: the disposition is to a witness; or
b: the disposition is to a witness's wife, husband, civil union partner, or de facto partner; or
c: the property would go to a person claiming under a person described in paragraph (a) or (b).
2: Subsection (1) does not apply if—
a: the will has at least 2 witnesses who are not described in the subsection; or
b: the disposition is the repayment of a debt to a person described in the subsection; or
c: all the persons who would benefit directly from the avoidance of the disposition—
i: consent in writing or electronically to the distribution of the property; and
ii: have legal capacity to give consent; or
d: the High Court is satisfied that the will-maker—
i: knew and approved of the disposition; and
ii: made the disposition voluntarily. Wills Act 1837 ss 15 16 1977 No 55 s 3(1) 2005 No 25 ss 3 4 7
14: High Court may declare will valid
1: This section applies to a document that—
a: appears to be a will; and
b: does not comply with section 11
c: came into existence in or out of New Zealand.
2: The High Court may make an order declaring the document valid, if it is satisfied that the document expresses the deceased person's testamentary intentions.
3: The court may consider—
a: the document; and
b: evidence on the signing and witnessing of the document; and
c: evidence on the deceased person's testamentary intentions; and
d: evidence of statements made by the deceased person. Changing, revoking, and reviving
15: Changes
A valid will, or part of a valid will, may be changed, but only by one of the following means:
a: the change is—
i: written on the will; and
ii: signed and witnessed as described in section 11(3) and (4)
b: the change is described in a note—
i: written on the will; and
ii: signed and witnessed as described in section 11(3) and (4)
c: the change is the obliteration of words in the will in such a way as to prevent their effect being apparent; or
d: the change is declared valid under section 14
e: the change is done under section 34(2) Wills Act 1837 s 21
16: Revocation
A valid will, or part of a valid will, may be revoked, but only by one of the following means:
a: the will-maker makes a later valid will; or
b: the will-maker writes a document that—
i: makes clear his or her intention to revoke the will or the part; and
ii: complies with section 11
c: the will-maker marries or enters a civil union and the will or the part is not saved by any of section 18(2) to (4)
d: the revocation is done under section 34(2)
e: the will-maker, with the intention of revoking the will or the part, destroys the will or the part; or
f: the will-maker, with the intention of revoking the will or the part, directs another person to destroy the will or the part in the will-maker's presence; or
g: the will-maker does anything else in relation to the will that satisfies the High Court that the will-maker intended to revoke the will; or
h: the revocation is declared valid under section 14 Wills Act 1837 s 20
17: Revival
1: A valid will, or part of a valid will, that has been revoked under any of section 16(a) to (d)
a: the will or the part complies with section 11
b: the will-maker makes a codicil that—
i: makes clear his or her intention to revive the will or the part; and
ii: complies with section 11
c: the revival is done under section 34(2)
2: If a will or part of it is revived under subsection (1)(a), the will or part is treated as having been made on the date on which it complied again with section 11
3: If a will or part of it is revived under subsection (1)(b) or (c), the will or part is treated as having been made on the date on which it was first made.
4: If a will or a part is partly revoked and then wholly revoked and then revived, the revival does not apply to the provisions that were partly revoked.
5: Subsection (4) does not apply if the revival makes it clear that the will-maker intended the partly revoked provisions to be revived. Wills Act 1837 s 22 1955 No 94 s 16(8) 1977 No 55 s 2(4) 2005 No 25 s 8(2) Effect on wills of marriages and civil unions starting and ending and will-makers dying
18: Effect on will of will-maker marrying or entering civil union
1: A will is revoked if the will-maker marries or enters a civil union.
2: Subsection (1) is—
a: overridden by section 10
b: overridden by subsection (3); and
c: qualified by subsection (4).
3: Subsection (1) does not apply if—
a: either—
i: the will expressly says that it is made in contemplation of a particular marriage or civil union; or
ii: the will does not expressly say that it is made in contemplation of a particular marriage or civil union but the circumstances existing when it was made show clearly that it was made in contemplation of a particular marriage or civil union; and
b: the marriage or civil union that occurs is the contemplated one.
4: The exercise by will of a power of appointment is not revoked by the will-maker marrying or entering a civil union if the property appointed would not go to the will-maker's personal representative if the will-maker did not exercise the power. Wills Act 1837 s 18 1955 No 94 s 13(1)
19: Effect on will of will-maker's marriage or civil union ending
1: This section applies when—
a: a will-maker makes a will; and
b: after the will-maker makes the will, an order of a kind described in subsection (2) is made to which the will-maker is a party; and
c: the order is in force when the will-maker dies; and
d: the will contains a provision of a kind described in subsection (3).
2: The orders are—
a: an order made under Part 3
b: an order made under section 42
c: an order or decree corresponding to an order described in paragraph (a) or (b) made under an earlier corresponding enactment; or
d: an order, decree, or enactment corresponding to an order described in paragraph (a) or (b) made outside New Zealand that is recognised by the courts in New Zealand.
3: The provisions are—
a: the appointment of the will-maker's spouse or partner as executor or trustee or advisory trustee of the will-maker's will; or
b: the appointment of the will-maker's spouse or partner as a trustee of property disposed of by the will to trustees on trust for beneficiaries who include the spouse's or partner's children; or
c: a disposition to the will-maker's spouse or partner, except for a power of appointment exercisable by the spouse or partner exclusively in favour of the spouse's or partner's children; or
d: a disposition for the payment of a debt secured on—
i: property that belongs to the will-maker's spouse or partner; or
ii: property that devolved by survivorship on the will-maker's spouse or partner.
4: The following apply to a provision of a kind described in subsection (3):
a: the provision is void; and
b: in relation to the provision, the will must be read as if the will-maker's spouse or partner died immediately before the will-maker.
5: Subsection (4) does not apply if the will makes it clear that the will-maker intended—
a: the provision to be effective even if an order of the kind described in subsection (2) were made; and
b: in relation to the provision, the will not to be read as if the will-maker's spouse or partner died immediately before the will-maker. 1977 No 55 s 2(1)–(3)
20: Effect on will of will-maker dying
1: A will's words disposing of property apply to circumstances as they are when the will-maker dies.
2: Subsection (1) does not apply if the will makes it clear that the will-maker intended the words to apply to circumstances as they are at a different time. Wills Act 1837 s 24
2: Administering wills
21: Disposition of land
1: A disposition in a will of land must be read as referring to the interest in the land to which the will-maker is entitled when he or she dies.
2: A disposition in a will of land that has not been brought under the Land Transfer Act 1952
3: A disposition in a will of an interest that has not been registered under the Land Transfer Act 1952
4: This section does not apply if the will makes it clear that the will-maker intended the disposition to be of a particular kind of interest. Wills Act 1837 ss 26 28
22: Disposition of movable property
1: In this section, movable property
a: includes—
i: a charge on, or an interest in a charge on, land in New Zealand; and
ii: an interest in the proceeds of sale of land in New Zealand; and
b: does not include a leasehold interest in, or an interest in a leasehold interest in, land in New Zealand.
2: Subsection (3) applies to a disposition of movable property in a will that—
a: is made in New Zealand; and
b: is made by any person, whatever his or her domicile when—
i: the will was made; or
ii: he or she died.
3: The disposition meets the requirements for being admitted to probate in New Zealand if the will—
a: complies with section 11
b: was made as required by the law of the place where the person was domiciled when the will was made; or
c: was made as required by the law of the place where the person was domiciled when he or she died.
4: Subsection (5) applies to a disposition of movable property in a will that—
a: is made outside New Zealand; and
b: is made by any person, whatever his or her domicile when—
i: the will was made; or
ii: he or she died.
5: The disposition meets the requirements for being admitted to probate in New Zealand if the will was made as required by—
a: the law of the place where the will was made; or
b: the law of the place where the person was domiciled when the will was made; or
c: the law in force, when the will was made, in the place where the person had his or her domicile of origin; or
d: the law of the place where the person was domiciled when he or she died.
6: A disposition in a will of movable property in New Zealand is not revoked, does not become void, and is not interpreted differently only because the will-maker's domicile changes later. 1955 No 94 s 14(1)–(4)
23: Disposition to child
1: This section applies when—
a: a will-maker makes a will disposing of property to a child ( child
b: the disposition is to the child as a named beneficiary or as a member of a class; and
c: the child dies—
i: before or after the will-maker makes the will; and
ii: before the will-maker dies; and
d: the child leaves a child ( grandchild
e: the grandchild is alive when the will-maker dies.
2: The will must be read as disposing of the property—
a: to the grandchild; or
b: among the grandchildren in equal shares, if more than 1 is alive when the will-maker dies.
3: Subsection (2) does not apply to a disposition—
a: that is expressly or impliedly stated to be conditional on the child being alive—
i: at or after the time when the will-maker dies; or
ii: at a time or event that will occur after the will-maker dies; or
b: that is expressly or impliedly stated to be conditional on the fulfilment of any other contingency, if the contingency has not been fulfilled before the will-maker dies; or
c: that is a specific disposition of personal chattels, as defined in the Administration Act 1969
d: that is to a person as one of 2 or more joint tenants.
4: Subsection (2) does not apply if the will makes it clear that the will-maker intended to dispose of the property other than to the grandchild or grandchildren. Wills Act 1837 s 33 1955 No 94 s 16(1)–(4)
24: Disposition to issue
1: This section applies when a will disposes of property to the will-maker's issue without limitation as to the remoteness of the issue.
2: The property is to be held in the same manner as section 78
3: Subsection (2) does not apply if the will makes it clear that the will-maker intended the property to be held in a different manner.
25: Disposition to unincorporated association of persons
1: This section applies when a will disposes of property—
a: to an unincorporated association of persons that is not a charity; or
b: to or on trust for the purposes of an unincorporated association of persons that is not a charity; or
c: to or on trust for the present and future members of an unincorporated association of persons that is not a charity.
2: The will-maker's executor must do one of the following with the property that is the subject of the disposition:
a: transfer it to the association; or
b: pay it into the general funds of the association, if necessary after turning it into money.
3: The transfer of the property is an absolute discharge to the executor for the transfer of the property, if all the following apply:
a: the transfer is to 1 or more persons; and
b: the persons are designated in writing or electronically; and
c: the designation is by any 2 persons doing the duties of president, treasurer, or secretary of the association.
4: A receipt issued by a person doing the duties of treasurer of the association is an absolute discharge to the executor for the payment into the general funds of the association.
5: Subsections (3) and (4) do not apply as follows:
a: subsection (3) does not apply if the will makes it clear that the will-maker intended the transfer to be handled in some other way:
b: subsection (4) does not apply if the will makes it clear that the will-maker intended the payment to be handled in some other way.
6: The following are not objections to the effectiveness of a disposition to an unincorporated association of persons:
a: that a list cannot be compiled of the association's members at the time when the will-maker died; or
b: that the association's members have no power to divide the association's assets beneficially amongst themselves.
7: Section 61B
26: Disposition may encompass power of appointment
1: A disposition in a will that is capable of including property over which the will-maker has a power of appointment must be read as—
a: including the property; and
b: being an exercise of the power.
2: Subsection (1) does not apply if the will makes it clear that the will-maker—
a: intended the disposition not to include property over which he or she had a general power of appointment; or
b: intended the disposition not to be an exercise of the power. Wills Act 1837 s 27
27: Disposition of property already partly disposed of
1: This section applies when a will-maker—
a: makes a will; and
b: later disposes of an interest in property disposed of by the will.
2: The will applies to any interest in the property to which the will-maker is entitled when he or she dies.
3: Subsection (2) does not apply if the will makes it clear that the will-maker intended the disposition in the will to be void. Wills Act 1837 s 23
28: Disposition in fractional parts
1: This section applies when—
a: a will disposes in fractional parts of—
i: all the will-maker's property; or
ii: the will-maker's residuary estate; and
b: a part fails.
2: The failed part goes—
a: to the part that does not fail; or
b: if there is more than 1 part that does not fail, to all those parts proportionately.
3: Subsection (2) does not apply if the will makes it clear that the will-maker intended a part that fails to be disposed of differently.
29: Residuary estate
1: If a disposition of property in a will is unable to take effect, the property falls into the residuary estate.
2: Subsection (1) does not apply to property over which the will-maker has exercised a power of appointment by will.
3: Subsection (1) does not apply if the will makes it clear that the will-maker intended the property not to fall into the residuary estate. Wills Act 1837 s 25
30: Mutual wills
1: This section applies when—
a: 2 persons make wills in which each—
i: disposes of property on which the 2 persons have agreed; and
ii: makes the disposition in a way on which the 2 persons have agreed; and
b: each promises the other that he or she will not—
i: revoke the will without making another will that keeps the agreement in the same or a better way; or
ii: change the will in a way that fails to keep the agreement in the same or a better way; or
iii: dispose, during his or her life, of some or all of an item of property that the will specifically disposes of; and
c: the first of them to die ( person A
d: the second of them to die ( person B
2: A person who would have received a benefit from person B's will if person B had kept the promise may claim from person B's estate any part of the benefit that person B's estate does not provide.
3: The agreements referred to in subsection (1)(a), and the promise referred to in subsection (1)(b), may be made orally, in writing, or electronically.
31: Correction
1: This section applies when the High Court is satisfied that a will does not carry out the will-maker's intentions because it—
a: contains a clerical error; or
b: does not give effect to the will-maker's instructions.
2: The court may make an order correcting the will to carry out the will-maker's intentions.
32: External evidence
1: This section applies when words used in a will make the will, or part of it,—
a: meaningless; or
b: ambiguous on its face; or
c: uncertain on its face; or
d: ambiguous in the light of the surrounding circumstances; or
e: uncertain in the light of the surrounding circumstances.
2: The High Court may use external evidence to interpret the words in the will that make the will or part meaningless, ambiguous, or uncertain.
3: External evidence includes evidence of the will-maker's testamentary intentions.
4: The court may not use the will-maker's testamentary intentions as surrounding circumstances under subsection (1)(d) or (e).
3: Military or seagoing persons
33: Definitions for this subpart
1: For the purposes of section 9(4) Armed Forces section 2(1) military or seagoing person
a: a member of the Armed Forces—
i: on operational service; or
ii: at sea; or
b: a seafarer at sea; or
c: a prisoner of war who, immediately before he or she was captured or imprisoned, was described by paragraph (a) or (b) operational service section 15(3) seafarer section 2(1)
2: For the purposes of this subpart,— informal testamentary action
a: is one of the following:
i: making a will; or
ii: changing a will; or
iii: revoking a will; or
iv: reviving a will; and
b: produces an informal will informal will prisoner of war section 2(1) 1955 No 94 ss 3 4
34: Military or seagoing persons may do informal testamentary actions
1: A military or seagoing person of any age may make an informal will containing any provision that may lawfully be contained in a valid will.
2: A military or seagoing person of any age may change, revoke, or revive a valid will or an informal will by any words, written or oral, as long as they show an intention to change, revoke, or revive the will.
3: Section 108 1955 No 94 ss 5(1)–(3) 6(a)
35: Oral informal testamentary actions
1: Subsection (2) applies when a military or seagoing person orally makes, changes, revokes, or revives an informal will.
2: The will, change, revocation, or revival has effect only if the will-maker dies within 12 months after making the will or doing the change, revocation, or revival.
3: Subsection (4) applies when—
a: a prisoner of war orally makes, changes, revokes, or revives an informal will; or
b: a person becomes a prisoner of war within 12 months after orally making, changing, revoking, or reviving an informal will.
4: The will, change, revocation, or revival has effect only if the will-maker dies—
a: while he or she is a prisoner of war; or
b: within 12 months after he or she ceases to be a prisoner of war. 1955 No 94 s 9
36: Proof of informal testamentary actions
Informal testamentary actions may be proved by any evidence that the High Court considers sufficient, regardless of any provision to the contrary in any other enactment. 1955 No 94 s 5(6)
37: Certificate as to application of this subpart
1: A certificate may be given under subsection (2) as to a fact that has to be proved to establish one of the following:
a: that at a material date a person was a military or seagoing person; or
b: that at the material date a person was entitled under section 9(4)
2: A certificate given under this subsection must be given,—
a: in the case of a person who at the material date was a member of the Armed Forces, by an officer of the Armed Forces; or
b: in the case of a person who at the material date was a seafarer on a ship or had received orders to join a ship as a seafarer, by an officer of the ship.
3: The following apply to a certificate given under subsection (2):
a: the certificate is sufficient evidence of the fact, in the absence of proof to the contrary; and
b: judicial notice must be taken of the appointment and signature of the officer giving it. 1955 No 94 s 6A
38: Modification of provisions in application to wills of military or seagoing persons
1: Section 13(1)(a) and (b)
2: Section 15(a) and (b)
a: while the will-maker is a military or seagoing person; and
b: by—
i: the will-maker; or
ii: another person directed by the will-maker who makes the change in the will-maker's presence.
3: Section 16(f) in the will-maker's presence 1955 No 94 s 7
4: Transitional and amendment provisions
39: Wills of persons who die before 1 November 2007
1: Schedule 1 The Wills Act 1837: sections 1, 3, 6, 9, 10, 13 to 31, and 33. The Wills Act 1837: sections 1, 3, 6, 9, 10, 13 to 31, and 33, for persons who die before 1 November 2007. 2007-11-01 Schedule 1
2: Schedule 1 The Wills Act Amendment Act 1852: sections 1, 3, and 4. The Wills Act Amendment Act 1852: sections 1, 3, and 4, for persons who die before 1 November 2007. 2007-11-01 Schedule 1
3: Amendments to the Wills Act 1837
40: Wills made before 1 November 2007
1: The subsections in this section must be applied cumulatively. This means, for example, that subsections (2), (3), and (4) apply to a will made in 1969.
2: For wills made before 1 November 2007,—
a: section 8(4)
b: section 9(2) of 16 or 17 years under 18 years
c: section 9(3) of 16 or 17 years under 18 years
d: section 9(3)(c)
e: section 9(3)(d)
i: it said District Court or Public Trust Family Court
ii: it said making or revoking a will
i: making, changing, revoking, and reviving a will; or
ii: doing whichever of those actions he or she asked the court to approve
f: section 9(3)(e)
i: it said District Court or Public Trust Family Court
ii: it did not contain the words , with or without conditions,
iii: it said making or revoking a will
i: making, changing, revoking, or reviving a will; or
ii: doing whichever of those actions he or she asked the court to approve
g: section 9(4) of 16 or 17 years under 18 years
h: section 10
i:
j: section 13(2)(c) and (d)
k:
l:
m: section 16(c) or enters a civil union
n: section 16(g)
o: section 18(1), (3), and (4) or enters a civil union or civil union or entering a civil union
p: section 18(2)(a)
q: section 19
i: subsection (2)(a), and the references to it in subsection (2)(c) and (d), did not appear; and
ii: the words in relation to the dissolution of a marriage
iii: subsections (3) to (5) did not contain the words or partner or partner's
r: sections 24 25 28 30
3: For wills made before 26 April 2005,—
a: section 9 , in a civil union, or in a de facto relationship or enter a civil union with him or her
b: section 13(1) witness's wife or husband witness's wife, husband, civil union partner, or de facto partner
4: For wills made before 1 January 1970, section 9
a: subsections (1) and (4) said 21 years 18 years
b: subsections (2) and (3) did not appear.
5: For wills made before 1 January 1959, section 23
a: subsections (2)(b) and (3) did not appear; and
b: subsection (4) did not contain the words or grandchildren
6: For wills made before 27 October 1955, section 22
7: For wills made before 5 December 1944, section 18(2)(b) 1955 No 94 ss 11(5) 13(2) 14(5) 16(6), (7) 1969 No 40 ss 2(4) 5 1977 No 55 ss 2(5) 3(2) 4 2005 No 25 s 8(1) Section 40(2)(i) repealed (with effect on 1 November 2007) 25 February 2012 section 5 Wills Amendment Act 2012 Section 40(2)(k) repealed (with effect on 1 November 2007) 25 February 2012 section 5 Wills Amendment Act 2012 Section 40(2)(l) repealed (with effect on 1 November 2007) 25 February 2012 section 5 Wills Amendment Act 2012 Section 40(2)(n) replaced (with effect on 1 November 2007) 25 February 2012 section 5 Wills Amendment Act 2012
40A: Application of Wills
1: Sections 11 40 Wills Amendment Act 2012 commencement
2: Subsection (1) applies whether or not the determination—
a: is made by the High Court, a Judge of the High Court, a Registrar or Senior Deputy Registrar of the High Court, a personal representative (as defined in section 6
b: arises from, or without, an application for administration (whether without notice, or in solemn form) made before or after the commencement (including, without limitation, one in solemn form made before or after the commencement and following one without notice made unsuccessfully before the commencement):
c: arises from an application made before or after the commencement for a review by the High Court or a Judge of the High Court of a determination made by a Registrar or Senior Deputy Registrar of the High Court made before or after the commencement.
3: But this section and sections 11 40 Wills Amendment Act 2012
a: a grant of administration (as defined in section 2(1)
b: a payment made or other action taken before the commencement and that an enactment authorised without a grant of administration (as so defined). Section 40A inserted 25 February 2012 section 6 Wills Amendment Act 2012 Section 40A heading amended 5 December 2013 section 4 Wills Amendment Act 2013
41: Consequential amendments
The enactments specified in the Schedule