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Electoral Act 1993

Registration of political parties and party logos - Registration of party logos

71I: Cancellation of registration of party logo

You could also call this:

"When a political party's logo registration is cancelled, and what happens next."

Illustration for Electoral Act 1993

The Electoral Commission has to cancel a political party's logo registration if you apply to cancel it and they are sure you are doing it on behalf of the party. They also have to cancel it if the party's registration is cancelled under section 70, or if they think the logo is being used in a way that breaks intellectual property rules or other laws.

If you apply to cancel a logo registration, the Electoral Commission will follow a process similar to the one outlined in section 71E.

When the Electoral Commission cancels a logo registration, they have to tell you and the party's secretary why they did it, and they have to publish the cancellation in the Gazette within 10 working days. They will also tell the person who applied for the cancellation, if that person is allowed to apply under section 71C(2)(a)(ii).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6011597.

Topics:
Government and voting > Elections
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Part 4Registration of political parties and party logos
Registration of party logos

71ICancellation of registration of party logo

  1. The Electoral Commission must cancel the registration of the logo of a political party if—

  2. a person described in section 71C(2)(a) applies to cancel the registration of the logo and the Electoral Commission is satisfied that the application is made on behalf of the political party; or
    1. the registration of the political party is cancelled under section 70; or
      1. the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.

        1. Section 71E applies, with any necessary modifications, to an application made under subsection (1)(a).

        2. If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,—

        3. give written notice of the cancellation and the reasons for the cancellation to—
          1. the applicant, if the registration of the logo was cancelled under subsection (1)(a) on the application of a person described in section 71C(2)(a)(ii); and
            1. the secretary of the political party; and
            2. arrange for the cancellation to be published in the Gazette.

              Notes
              • Section 71I: inserted, on , by section 15 of the Electoral Amendment Act 2014 (2014 No 8).