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Gambling Act 2003

Institutions - New Zealand Lotteries Commission - Other matters

268: Protection of product names

You could also call this:

"Don't use special gambling names like Lotto Combo when running gambling games"

Illustration for Gambling Act 2003

You cannot use certain product names when you are promoting or running gambling activities. These names are Lotto Combo, Instant Kiwi, and Golden Kiwi. You are not allowed to use these names, or any names that are very similar, because they might confuse people.

If you break this rule, you can get in trouble with the law. As an individual, you might have to pay a fine of up to $5,000. If you are a company, you might have to pay a fine of up to $50,000, and more if you keep breaking the rule.

You are still allowed to use some of the words from these product names on their own, like Lotto, Combo, Instant, Golden, or Kiwi. This rule does not stop you from using these words separately.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM209781.

Topics:
Money and consumer rights > GamblingCrime and justice > Criminal law
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267: Protection of name, or

"Don't use the name 'New Zealand Lotteries Commission' for your company or business without permission"

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"Agreements with other groups are no longer part of the law"

Part 3Institutions
New Zealand Lotteries Commission: Other matters

268Protection of product names

  1. No person other than the Lotteries Commission may, either alone or with any other person, promote, organise, or conduct any gambling—

  2. under the product names specified in subsection (3); or
    1. under any other name, knowing that the name so resembles a product name specified in subsection (3) that it is likely to mislead any person.

      1. A person who contravenes subsection (1) commits an offence and is liable on conviction to,—

      2. in the case of an individual, a fine not exceeding $5,000:
        1. in the case of a body corporate,—
          1. a fine not exceeding $50,000; and
            1. in the case of a continuing offence, a further fine not exceeding $5,000 for every day or part of a day during which the offence has continued.

            2. The specified product names are Lotto Combo, Instant Kiwi, and Golden Kiwi.

            3. Nothing in this section prevents the use by any person of the words Lotto, Combo, Instant, Golden, or Kiwi separately.

            Compare
            • 1977 No 84 ss 115A, 139
            Notes
            • Section 268(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).