Parties may apply to the Electoral Commission to register a logo.  Public comment is sought before the commission considers the application against criteria of the logo not being offensive, indecent, misleading, confusing, refering to an honour or title, or infringing someone else's intellectual property rights.  The process takes about a month.

This information is for general guidance and is not a final statement of the law set out in the Electoral Act 1993, Part 4.  The Electoral Commission is willing to discuss any issues, and parties are also advised to seek independent legal advice.

What makes an acceptable logo?

A logo will be accepted if it is not offensive, indecent, misleading, confusing, refering to an honour or title, or infringing someone else's intellectual property rights.

How is the logo reproduced on the ballot paper?

The logo is reproduced within an area 14mm wide and 7mm high using the process colour printing technique (four colour printing, as in a newspaper or magazine).  Parties should ensure the registered logo is designed to reproduce at this size.  Parties are free to use un-registered variants of the logo in larger formats (eg advertising, letterhead, etc). 

Can a party logo have colour and black and white versions?

Yes, please note that the logo will be reproduced in black and white when published in an advertisement in newspaper public notice columns seeking comment on the application for registration.

Does a party have to be registered in order to register a party logo?

No.

Does a party have to register a logo?

No, but if the logo is not registered they will not be able to have their logo appear on a ballot paper.

Can a party logo be reserved before a logo or party registration application is made?

No.

Is there a deadline for registration of a party logo?

A party logo must be registered before writ day to appear on the ballot paper. The law prevents the Electoral Commission processing an application between writ day and the return of the writ. s.64.

How long does the process take?

The registration process takes at least a month from the time the Electoral Commission receives all of the appropriate documents. 

Is there an application fee?

No.

Who makes the application?

The party secretary or a Member of Parliament who is a current financial member of the party.

Can I apply for registration of my party and party logo at the same time?

Yes.  How to register a party is under related, right.

What's needed to make an application?

The application must be in writing and must be signed by the applicant. 

An application letter needs to include the following:

1.      The name of the party

2.      The name and address of the applicant and the capacity in which he or she  makes the application

3.      The name and address of the party secretary, if that is not the person making the application

You also need to enclose your proposed logo with your letter in the following formats (which a graphic designer, printer or copyshop with design services will be able to prepare for you):

1.      two high-resolution colour copies of the logo sized to 5cm wide produced with archival quality inks on one sheet of A4 archival quality photographic-type paper.   The copies must be marked up with PMS (Pantone Matching System) codes for the colours, with each element of the logo labelled with its respective PMS code

2.      two black and white reproductions of the logo sized to 5cm wide produced with archival quality inks on one sheet of A4 archival quality photographic-type paper.  These copies may be marked up with any grey-scale reproduction instructions if desired

3.      electronic copies of the colour logo and the black and white logo on a single CD-rom in each of the following formats (for use on the ballot paper, official publications, and the Elections New Zealand website):

a.      high resolution .eps (5cm wide, 350dpi, CMYK)

b.      high resolution .jpg (5cm wide, 350dpi, RGB)

c.      low resolution .jpg (300 pixels wide, 72 dpi, RGB)

4.      a statutory declaration made by the applicant stating that the use of the logo by the party will not be an infringement of an intellectual property right of any person or a breach of any enactment

5.      if the party is not already a registered party, a statutory declaration made by the party secretary stating that the party intends, at general elections, to have one or more constituency candidates stand for the party or for a related political party.  The commission interprets the declaration required under section 63A(2)(da) as relating to an overall intention to contest general elections rather than an intention to contest any particular general election.

Are there templates I can use for the required documents?

Yes, there are sample application letters and statutory declarations provided under downloads to the right for the optional use of applicants.  The commission is also willing to comment on draft applications if desired by the party.

What steps does the commission take when it receives an application?

• The documents and enclosures are checked for compliance with the law and commission requirements.
• The party secretary is notified in writing of the acceptability or otherwise of the application within 5 working days of receipt.
• Once all documents are in order a notice is placed in the public notices column of major newspapers, containing

1.      the name of the party,

2.      the name, address, and office of the applicant,

3.      a copy of the black and white logo

4.      a statement that the logo may be viewed at the commission's office in Wellington

5.      and inviting comments within (usually) two weeks in relation to the criteria that the commission must consider

• Registered political parties are advised of the application and the opportunity to comment.
• The applicant will be invited to respond to any comments.
• The commission considers the application at its next meeting:
  • If the commission is satisfied that the logo is acceptable then it will register the logo, advise the applicant, place a notice in the New Zealand Gazette and issue a media release.
  • If the commission is satisfied that the logo is not acceptable then it will refuse to register the logo, advise the applicant, and issue a media release accordingly.

Can a registered party logo be changed?

An application to change a party logo is made and considered in the same way as an application to register a party logo.

Does the party logo stay on the register once it is registered?

Yes, there are no "maintenance requirements".

Do I have to do anything else to ensure that the party logo is used on the ballot paper?

Candidates representing unregistered parties may be required to provide evidence (such as a party constitution and letter from the party secretary) that the party he or she claims to represent exists and that they are the candidate for that party.

What if I have more questions?

Drafts of application documents and questions on any matter relating to the registration of a political party or the registration of a political party logo should be referred to the Electoral Commission: enquiries@elections.govt.nz or phone 04 495 0030.

Related link

Electoral Act 1993, Part 4