Worth Richard: Major Events Management Bill — In CommitteeText is incorporated into the Bound VolumeWorth Richard: Major Events Management Bill — In Committee[Sitting date: 22 August 2007. Volume:641;Page:11376. Text is incorporated into the Bound Volume.]Dr RICHARD WORTH (National): “Innovative” and “insightful” would be epithets that can appropriately be applied to the workings of the Commerce Committee under the skilled chairmanship of Mr Brownlee. I can illustrate that in a number of ways but let me just content myself with one illustration—it reflects badly on the Minister and that is why I have chosen it—and that is the use in this Major Events Management Bill of examples. I completely agree with what an earlier speaker has said: that it is wholly consistent with the new drafting style that this Parliament has adopted to use examples and diagrams. We have done it in tax legislation in the past. Here we see through this legislation examples of examples. It should be noted in dealing with this particular part that the status of examples is made clear in clause 4A. An example it is said is only illustrative of the provisions to which it relates. It does not limit those provisions. If there is an example and an inconsistent provision then it is the provision that prevails.The background to this legislation is reasonably simple. It is a matter of history that in association with New Zealand’s bids to host the 2011 Rugby World Cup and co-host the 2015 Cricket World Cup the Government has given assurances to the International Rugby Board and the International Cricket Council that certain protections will be put in place for those fixtures. Those protections include ambush marketing protections. More events of course are contemplated. New Zealand is to host the World Rowing Championships in 2010 and my understanding is that we will host the Under-17 Women’s Football World Cup in 2008.In Part 1 of the bill—which as others have commented contains preliminary provisions including purpose provisions—there are a raft of definitions in clause 4“Interpretation”. I just pick up on a couple of those definitions for the purpose of developing an argument around ambush marketing. There are definitions of “clean period” “clean transport route” and “clean zone”. A very substantial part of this legislation is around the concept of ambush marketing. It is quite a sophisticated phrase and quite a sophisticated concept that describes the actions of companies or advertisers who seek to associate themselves with major events or to draw a connection in the public’s mind between themselves and major events without the authorisation of the event organisers.There are a number of things that ambush marketers do. The types of things would range from arranging aerial advertising over a major event venue immediately before the event or during the event so as to suggest sponsorship or association to the placement of billboards displaying the ambush marketer’s name near the venue—or if there are several venues near the venues—or on key routes to the venue. Within the realm of ambush marketing there are other issues such as the unauthorised sale of goods or services at the event. There are issues associated with the registration and the exploitation of domain names. The aspect of scalping is also within ambush marketing. Scalping is the unauthorised on-sale of tickets—and I know we will look at it in some detail when we get to Part 2—but it is also all about the circumstance where tickets are packaged with travel and hospitality offerings. The subtlety of ambush marketing extends to the circumstance of giving away free merchandise such as caps or T-shirts bearing the advertiser’s logo with the aim that large groups of spectators will wear that gear and the television cameras will pan on to them or perhaps still photographs will be taken that hint at that association.There are—and this is picked up in the legislation and starts in this particular part—two main varieties of ambush marketing currently recognised in the context of major international events. I will return to that issue later.