Trade Marks Act 2002

Legal proceedings - Enforcement officers - Appointment and functions of enforcement officers

134B: Authority to act as enforcement officer

You could also call this:

"How enforcement officers get their official ID cards"

When someone becomes an enforcement officer, the chief executive must give them a special document called a warrant of appointment. This warrant is like an official ID card. It needs to be in a specific format and must have the officer's photo and signature on it. The warrant also explains what powers the officer has, as described in section 134D of the law.

If you see someone with this warrant, you can trust that they are allowed to do the job of an enforcement officer, unless there's clear evidence saying otherwise.

If a person stops being an enforcement officer, they have to give back their warrant. This is important because if they don't return it, they're breaking the law. They could be fined up to $1,000 if they're found guilty of not giving it back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4125615.


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134A: Chief executive may appoint enforcement officers, or

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"Explaining what an enforcement officer does to make sure people follow the rules about trade marks"

Part 4Legal proceedings
Enforcement officers: Appointment and functions of enforcement officers

134BAuthority to act as enforcement officer

  1. The chief executive must issue a warrant of appointment to every person appointed as an enforcement officer.

  2. A warrant of appointment must—

  3. be in the prescribed form; and
    1. bear the photograph and signature of the holder; and
      1. contain a statement of the power conferred by section 134D; and
        1. contain any other prescribed particulars.
          1. 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.

          2. A person who ceases to be an enforcement officer must return the person’s warrant of appointment.

          3. A person who fails to comply with subsection (4) commits an offence and is liable on conviction to a fine not exceeding $1,000.

          Notes
          • Section 134B: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).
          • Section 134B(5): amended, on , by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).