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Commercial rights and clean zones

Alongside the excitement and opportunities that come with hosting 48 matches in 12 venues throughout New Zealand, is the challenge of ensuring that the Tournament runs smoothly and successfully, from all points of view.

Staging RWC 2011 is a massive undertaking which requires the significant financial and promotional support of the Tournament’s official sponsors – especially as the International Rugby Board re-invests the surplus it makes from the Tournament into the global development of grassroots rugby.

In return sponsors get exclusive rights of association, but those rights are worth little without protection from businesses trying to take advantage of the Tournament’s high profile for their own commercial gain.

As a consequence, and in order to meet the hosting requirements for the Tournament, protections have been put in place to guard against commercial exploitation of the event by association or intrusion – known as ‘ambush marketing’.

In New Zealand, the Major Events Management Act 2007 (MEMA) provides the main tool to protect against ambush marketing. The MEMA prohibits any advertising (whether inside or outside declared clean areas) that suggests an association with RWC 2011 where there is none, especially where protected tournament emblems and words (or those that are deceptively similar), are used. An association is not avoided by using words such as ‘unofficial’ or ‘unauthorised’.

Whangarei 'clean zones' during the Tournament

To assist in protecting against ambush marketing during the Tournament, ‘clean zones’ and ‘clean transport routes’ that operate during ‘clean periods’ have been declared under the MEMA. ‘Clean’ means the designated areas must be free of unauthorised advertising or any other promotional or sales activities, other than the honest continuation of ordinary activities by existing businesses.

Clean zones will be in place around Northland Events Centre on and before match days. 'Clean’ means that on the day of each match (Tonga vs Canada on 14 September, Tonga vs Japan on 21 September), and the day before, the areas must be free of unauthorised advertising – including any advertising that can be seen clearly from within a clean zone – and unauthorised promotional or sales activities such as street trading or handing out give-aways.

This has important implications for businesses – particularly around advertising and promotions – and for people who own property or live close to Northland Events Centre in Whangarei. Under the MEMA, action can be taken against anyone accepting money or other consideration for the placement of unauthorised advertising or other promotional activity, as well as against the people who pay for, commission, or authorise it.

‘Clean’ requirements will not impact on existing businesses honestly going about their usual business on their usual premises, such as continuing to use their usual signage and advertising, even if ordinarily they sell products that compete with one of the official sponsors (as long as no attempt is made to suggest an association with RWC 2011).

However businesses within clean zones that sell or promote different products or services than they usually do (e.g., a car yard selling clothing) during declared ‘clean’ periods, in anticipation of demand from fans, will not be considered to be operating in a ‘business as usual’ manner, and risk breaching the MEMA.

Street trading in public places within clean zones is prohibited unless conducted by official RWC 2011 licensees.  This will restrict, among others, existing businesses such as bars or cafés who might want to expand to cater for extra patronage in a way that departs from their usual practice.

Unauthorised advertising is prohibited within clean zones, along transport routes, and from places where the advertising can be seen from within clean zones, if it is not part of an existing business’ usual signage. That includes advertising placed on private property, whether the property is a house, a commercial building, or any other space.

The advertising prohibition covers vehicles carrying advertising (or in other ways clearly associated with a product or service) that are parked in or driven through clean zones, along clean transport routes, or on streets visible from within clean zones, unless they are going about their usual business. This extends to blimps, sky writing, and aircraft towing signs that can be seen within the clean zones.

The prohibition also includes clothing, where the intention of the people wearing the clothes is to be noticed advertising or promoting a product or service.

Only official sponsors and licensees may distribute pamphlets, flyers or free give-aways within clean zones, regardless of whether or not the material suggests an association with RWC 2011. Fans who accept give-aways being handed out outside clean zones (such as free branded products like drinks, tap-taps, flags, or items of clothing) may be asked not to take them into match venues. 

Many of the above activities are either prohibited or controlled under District Council bylaws, district plan rules or the Resource Management Act, so it should not be assumed that an activity is ‘safe’ simply because it is taking place outside a clean zone or clean transport route. 

MEMA Enforcement Officers, appointed by the Ministry of Economic Development, will have the power to seize or cover any object – such as an unauthorised advertising sign – and the ability to apply for a search warrant to enter private property to do so. Breaching the MEMA can be a criminal offence, with fines of up to $150,000 for serious offences.

Further information

Find clean zone information in sections 4 - 6 of the guide, including maps of Whangarei's RWC 2011 clean zone and clean transport routes in section 6:
View the updated guide to the MEMA

Contact information:
If you are unsure whether your planned activities might be in breach of any restrictions, you should contact the Whangarei District Council: rwc@wdc.govt.nz