Rugby World Cup (RWC) 2011 “Clean Zones” Announced
The Major Events Management Act 2007 (“the Act”) allows the Minister of Economic Development to declare “clean zones” around, and “clean transport routes” to, a major event for particular periods of time, known as “clean periods”. The Rugby World Cup 2011 has been declared a major event under the Act and the clean zones, clean transport routes and clean periods for the tournament have now been declared. The Gazette declaration can be viewed here.
The Act prohibits street trading (including providing goods or services for free) and advertising within, or which is clearly visible from within, a clean zone, or advertising in a clean transport route, during the clean periods and without written authorisation of the event’s organizers. However, the Act includes various exceptions to the ban on advertising. For example, the Act does not apply to advertising by an existing organisation continuing to carry out its ordinary activities in accordance with honest practices in industrial or commercial matters. Therefore, not all advertising within a “clean zone” is prohibited.
The Act defines “persons who advertise” as a person who “pays for, commissions, or authorises the advertisement” or “receives consideration for the placement or the location of the advertisement”. Therefore, it includes both a person who commissions advertising and an agency that provides the advertising, and both can be charged with an offence under the Act.
The size of the clean zones around, and the length and number of clean transport routes around each the stadium differ, as do the length of the clean periods. Generally speaking the clean periods are from 8am on the day before a match to 11.59pm on the day of a match. The major exception to this is the final clean period for Eden Park in Auckland, which runs from 8am on 5 October 2011 to 11.59pm on 24 October 2011, that is, three days before the first quarter-final until the day after the final. The clean transport routes cover major road routes and railway lines. It is noteworthy that the clean transport route to the Wellington Regional Stadium (currently known as the Westpac Stadium) includes SH1 from Wellington Airport through the central city to the Stadium, thus greatly increasing the central city area required to be “clean”. The Gazette declaration includes a map of each clean zone and clean transport route (see link above).
The penalty for breach of the relevant provisions of the Act (see sections 17 – 24) is a fine not exceeding $150,000. Therefore, businesses planning promotions in relevant areas during the 2011 Rugby World Cup should review the clean zones, clean transport routes and clean periods and if in doubt should seek professional advice.
Naomi Hand - May 2011
