Membership Rules

Buy NZ Made Code of Practice

This Code of Practice incorporates the official rules and conditions governing the certification and use of the Trade Marks.

The rules and conditions have been developed in accordance with the requirements of the Trade Marks Act 2002 and associated statutory obligations.

This Code of Practice applies to all members of the Campaign. The Code places a series of obligations on members, including a compliance test that goods and services must meet for members to be eligible to use the Trade Marks; record keeping obligations; and a complaint and dispute resolution process that all members must abide by.

It is a condition of membership of the Campaign, and therefore of use of the Trade Marks, that applicants agree to be bound by all of the rules and conditions contained in this Code of Practice.

View the content of the code by clicking on the below links or download a printable version by clicking here.

Trademark

Purpose of certification registration

1

The registration of the Trade Mark as a certification trade mark ensures that all persons, businesses and organisations that qualify are free to use the Trade Mark.

Owner of certification trademarks and approved certifier

2

Business New Zealand Inc. (Business NZ), a not-for-profit organisation, is the owner of the following trade mark (the Trade Mark)

Trademark

3

Business NZ is the national voice of its members - the four regional employer organisations EMA Northern, EMA Central, the Canterbury Employers Chamber of Commerce and the Otago Southland Employers Association. Business NZ is committed to New Zealands success by promoting sustainable growth through free enterprise. Business NZ owns Buy NZ Made Campaign Limited (Buy NZ Made) to which it has delegated the task of administering a scheme for the identification of New Zealand Made goods and services for which the Trade Mark is used. Buy NZ Made is the only entity who may certify use of the Trade Mark for goods and services.

Membership

Membership of the Buy NZ Made Campaign

4.

Buy NZ Made operates the Buy NZ Made Campaign (the Campaign). Any individual, business or organisation can apply for membership of the Campaign by completing and lodging an application for membership. Buy NZ Made will process all applications for membership of the Campaign and grant membership on the terms and conditions defined in these rules. Members of the Campaign are authorised to use the Trade Mark in accordance with these rules.

 

Approval of application for membership or renewal

5. Buy NZ Made will approve an application for membership or renewal where the applicant can satisfy it that they have:
 

i)

paid the necessary fees
ii) provided a list of goods or services that qualify under these rules for promotion using the Trade Mark and for which they will use the Trade Mark
iii) signed the declaration included in the application form confirming that they have received and will comply with these rules.
iv) agreed never to directly or indirectly challenge, contest or call into question the validity of the Trade Mark or the ownership of the Trade Mark
v) agreed to indemnify and hold Buy NZ Made and Business NZ harmless from any claims arising out of their use of the Trade Mark; and
vi) agreed to comply with any request from Buy NZ Made for evidence that the Trade Mark are being used in accordance with these rules.

 

Membership types and fees

6.

There are four types of membership options with the following price levels.

 

Manufacturer or Service Industry fees

 

Annual fees for membership of the Campaign are based on the number of staff employed by the organisation applying for membership.

The minimum fee payable is $200.00 + GST when the number of staff employed is less than 20. The maximum fee payable is $5,000.00 + GST when the number of staff employed is over 500. For full details of fees please refer to the fee schedule on the Buy NZ Made website, www.buynz.org.nz.

 

Associated Business Membership Fees

 

There is a one off registration fee for associated businesses. An associated business can include but is not limited to, any additional companies owned by the main Buy NZ Made member (the parent company).

The cost of an associated business membership is a once only registration fee of $75.00 + GST. The parent company pays for any additional staff costs on their annual membership fee that are incurred by joining up an associated business.

An associated business remains a member of the campaign for the duration that the parent company is a member and pays their fees. Associated business receives their own certificate and must comply with these rules.

 

Cottage Industry Membership Fees

 

This membership is for any small or start up business that have an annual turnover of under $200,000. Cottage membership entitles a business to the same benefits as a full membership for a $100.00 + GST annual fee.

Cottage industry members have to re-apply for this membership category each year in June. Cottage industry membership applications do not incur any registration fee and expire on the June30th preceding their application.

 

Retail Membership Fees

 

Retail members are entitled to use the Trade Mark for advertising and display purposes only.

Retail members are not entitled to label any products with the Trade Mark. The minimum fee payable is $50.00 + GST per 2 year period which can include up to 5 stores in a chain. A further $50.00 + GST is payable for each additional 5 stores, i.e. 1-5 stores = $ 50.00 + GST, 6-10 stores = $ 100.00 + GST

Certificate and Amendments

Certificate of licence

7.

Buy NZ Mades approval of an application for membership will be evidenced by issuing a certificate of membership that is valid for the period specified on the certificate. The certificate of membership remains the property of Buy NZ Made and must be returned promptly to it on request or on termination of membership.

Amendments to details on membership register

8.

All members of the Campaign shall notify Buy NZ Made within 14 days of any change to the details relating to that member contained on the membership register.

Use of Trademarks and Application

Use of the Trademarks by members

9.

Members can only use the Trade Mark:

  i) in relation to goods and services on their product list,
ii) in relation to goods and services made or produced in New Zealand,
iii) in accordance with any statutory requirements,
iv) in a way that does not mislead the public as to the goods or services for which use of the Trade Marks is authorised,
v) in combination with other elements that do not detract from the effectiveness of the Trade Marks,
vi) in a context that does not imply quality assurance,
vii) in a way that will not effect the validity of the Trade Marks,
viii) with CertTM or Certification TM in close proximity to the Trade Marks, and
ix) On labels, displays, outer and advertising in accordance with these rules and in such other manner as may from time to time be directed or approved by Buy NZ Made

For the purposes of interpreting the term made or produced in New Zealand it is understood that a product is made or produced in New Zealand if its parts are transformed so that the essential characteristics of the product come into being in New Zealand. By way of example:

Orange juice made from imported concentrate which has water added and is bottled in New Zealand, is not made in New Zealand. This is because it is the imported concentrate which gives the juice its essential characteristics, not the water or the bottling.

Clothing made from imported fabric which is cut and sewn in New Zealand is made in New Zealand. It is the cutting and sewing of the fabric which gives the clothing its essential characteristic, not the fabric

Application to include a new good or service on the product list

10

Members of the Campaign may apply to Buy NZ Made to include a new good or service on their product list. The application will be approved where the applicant can satisfy Buy NZ Made that they have signed a declaration confirming use of the trade mark for those goods or services will comply with these rules.?

Application to remove a good or service from the product list

11.

Members of the Campaign may apply to Buy NZ Made to remove a good or service from their product list.

Alteration of design of the Trade Marks not permitted

12.

Members of the Campaign are not permitted to alter or amend in any way the design elements of the Trade Marks.

Trade Marks may be sized to meet member requirements

13.

Members of the Campaign may alter the size, but not the relative proportions, of the Trade Marks to meet their individual requirements

Use of colour to meet member requirements

14.

Members of the Campaign may use any colour or colour combination in relation to the elements of the Trade Marks to meet their individual requirements.

Compliance

 

15.

Buy NZ Made will maintain and have open for inspection during normal business hours a register of the following details relating to each member of the Campaign:

 

i)

registered business name;

 

ii)

trading name;

 

iii)

street address;

 

iv)

postal address;

 

v)

business telephone number;

 

vi)

business facsimile number;

 

vii)

web site details;

 

viii)

nominated contact officer and title of that officer;

 

ix)

nominated persons email address; and

 

x)

Product list being a listing of all goods and services identified on each members application for membership, as amended from time to time in accordance with these rules that may be promoted in association with the Trade Marks.

Compliance audit

16.

Buy NZ Made shall conduct an annual compliance audit of a sample of members selected at random from the membership register.

Request for evidence from applicant

17.

Buy NZ Made may as part of a compliance audit, or at any time, request evidence from a member or applicant for membership that its use of the Trade Mark complies or will comply with these rules. Within a time period set by Buy NZ Made the member must prove, to the satisfaction of Buy NZ Made, its use or proposed use of the Trade Marks will comply with these rules. In the absence of such evidence from the member or applicant Buy NZ Made may cancel the members authorisation to use the Trade Marks or refuse an application for membership.

Complaints

Complaints received by Buy NZ Made about use of the Trade Mark by a member

18

Buy NZ Made shall follow the following procedures in relation to complaints where the complaint involves use of the Trade Mark by a member:

 

i)

Buy NZ Made will send the member a notice advising of the complaint and asking for the members response within 14 days.

 

ii)

The member will respond to Buy NZ Made within 14 days, attaching evidence to support its compliance with these rules.

 

iii)

Buy NZ Made will evaluate the members response to determine whether the complaint is valid or insufficiently addressed by the member.

 

iv)

Buy NZ Made may require the member to undergo a compliance audit, conducted in accordance with these rules.

 

v)

Should the complaint be valid or the compliance audit find the member is not complying with these rules, Buy NZ Made may impose the sanctions detailed in these rules against the member.

Complaints received by Buy NZ Made about the use of the Trade Mark by non-members

19

Buy NZ Made shall follow the following procedures in relation to complaints where the complaint involves use of the Trade Mark by a non-member

 

i)

Buy NZ Made will write to the non-member setting out the circumstances under which the Trade Mark may legally be used, and asking the non-member to rectify the situation.

 

ii)

If the complaint is not resolved within one month of the initial complaint being received, Buy NZ Made may have recourse to other action, including legal action and referral of the complaint to the appropriate authorities.Complaints received by members

Complaints received by members

20

Where a member receives a complaint about its use of the Trade Marks, it will respond to the complainant in writing within 14 days of receiving the complaint. The member will take all reasonable steps, in good faith, to resolve the complaint directly with the complainant.

 

i)

A copy of the complaint and response must be provided to Buy NZ Made at the same time as the member responds to the complainant.

 

ii)

In its response to the complainant, the member will explain the basis, if any, upon which the claim in question is justified and/or what corrective action has been taken to remedy the complaint, if any.

If you would like to make a complaint about a member using the logo on what you believe is a non-NZ made product or if you believe a company is using the logo who is not a member, please fill in our official complaint form which can be downloaded by clicking here

Responsibility

Right to appeal

21

Any member whose membership or right to use the Trade Mark is cancelled by Buy NZ Made or who is refused membership or authorisation to use the Trade Mark for any goods or services by Buy NZ Made may appeal that decision to the Commissioner of Trade Marks.

Right to use not assignable

22

Members shall not be entitled to transfer or assign the right to use the Trade Marks granted under these rules

Liability in relation to use of the Trade Marks rests with a member

23

All liability shall rest solely with the member in relation to that members use of the Trade Marks.

Use of Trade Marks to cease upon termination or withdrawal

24

Upon termination of membership or withdrawal from membership of the Campaign, the member shall immediately cease using the Trade Mark.

Cancellation

25

A member ceases to be authorised to use the Trade Marks if it does not fulfil any of the conditions of use set out in these Rules.

Membership fees forfeited if membership cancelled, suspended or revoked

26

In any instance where Buy NZ Made suspends or revokes a current membership in line with these rules, or where a member voluntarily cancels their membership, all membership fees are forfeited to Buy NZ Made.

Lodgement of rules and conditions

Lodgement of rules and conditions with the Intellectual Property Office (IPONZ)

27

These rules and conditions are lodged with IPONZ and are available for inspection by any person.

Amendment to rules and conditions

28

Subject to the prior approval of the Commissioner of Trade Marks, Business NZ may from time to time alter these rules or adopt new rules wholly or in part. Buy NZ Made will advise all members of any change to the rules as soon as is practical.

Notices

29

Any notice given in pursuance of these rules shall be deemed to have been duly given if forwarded through the post by prepaid letter addressed to the member concerned at its address on the register.