Clean zone

ALISTAIR BONE

Stuck away in the middle of 2007's Major Events Management Act is a short series of legalese. It is written in elliptical law talk and seems as unthreatening as a minor-nation rugby squad at first, but on closer examination, comes off as anything but.

Section 41 starts off by talking about what enforcement officers, the people who administer advertising-free "clean zones'', may NOT do. But it soon becomes clear this is not very much.

Legal opinion obtained by the  Waikato Times agrees that any of the half dozen or so Ministry of Economic Development (MED) staff who will be working in Hamilton for the events will be entitled to enter any place in the clean zone without the sniff of a warrant. All police are automatically designated as enforcement officers, too.

It's a law that unsettles the University of Waikato's intellectual property expert Dr Anna Kingsbury.  "I think that the appointment and powers of enforcement officers are one of the big issues in the legislation.  They do have quite extensive powers.  The police have always had these sorts of powers, but the idea of a new group of people appointed with similar powers is a concern.''

Kingsbury says people will be able to apply for remedy if the powers are not applied properly. But in practical terms, that may go by the board.

"I'd be a bit nervous even turning up in a non-sponsored T-shirt, especially if two of you turned up. You could argue it in court, but who would want to?''

At the Football World Cup in South Africa, non-accredited beer brand Bavaria placed 36 mini-skirted beauties together in the stand in company colours - an eye-catching bright orange. The women mugged for obliging cameras through the first half of the game, but were man-handled out of the stadium and arrested at the break.

Under the World Cup Host Region agreement, Hamilton City Council staff have to help enforce the rules around advertising.

The clean zone, (see map) will be complemented by a "clean route'' running along State Highway 1 from where it enters the city at Te Rapa to where it exits at the Normandy Road-Cobham Drive intersection in the south. The zones are activated in the "clean period'' - for Hamilton's first two games, that's from Thursday morning  to midnight on Sunday and from Saturday morning  to Monday for the third game on October 1.

The council says 20 staff will be on deck for the games but aren't official Major Events Management Act Officers. They will be assisting the Ministry of Economic Development team, who are.

In the zone and the route, unauthorised advertising is prohibited. That includes on private property, which the ministry inspectors can apparently enter sans warrant.

Flyers, giveaways and even advertising on passing vehicles and aircraft are banned and co-ordinated stunts are specifically outlawed.  Forbidden advertising does not have to draw an association with the World Cup - that is a different and extra offence. In addition, no advertising is allowed elsewhere that can be seen by someone within the clean zone or route.

The MED's guide to the rules says council bylaws also still apply and anyone planning any kind of promotion should really talk to their lawyer first. 

Kingsbury says the only loophole available is for an existing organisation carrying out its ordinary activities.

"People were saying when the act was first passed that the thing was to get your billboards up there now, way back in 2008, so you could say they were there before the event.''

Hamilton council says staff and MED officers have undergone extensive training, including two exercises together in June and August. The plan is for council staff to enforce its existing bylaws and help in identifying a breach of the Major Events Act before handing over enforcement duties to the MED crew.

The ministry says it will take a pragmatic approach. MED says it recognises there is a lot of goodwill around the cup and promises ``good sensibilities'' by the enforcement officers and the council. It denies press reports that vehicles carrying advertising and left parked in the clean zone will be swathed in black plastic by its inspectors.

A spokesman describes that scenario as an "extreme, extreme circumstance'' and says the inspectors would try and find and talk to the owner first.

Back in the zone, the Speight's Alehouse is in a prime position on the corner of Willoughby and Liverpool streets. Owner Arran Penny can't see any way around the rules to his advantage.

"We'll come to it with what we are and what we do and hopefully people will be happy with that. And come and see us without us having to do something outside the box.''

Given the  fine - up to $150,000 for a breach - Penny says his pub can't afford to upset the applecart.

The rules, as laid out in the Ministry of Economic Development handbook on the matter, allow him to ``alert the public that a rugby match will be televised at a certain time'' but not to associate the bar overtly with the Rugby World Cup or claim the game is being shown in association with a non-accredited beer brand.

Penny says the council has been proactive in reaching out to businesses and clearly explaining the regulations.

Chris Williams, chief executive of Hamilton's King Street advertising, says getting round the regulations with what is known as guerrilla marketing is a big ask.

"The legislation is very, very tight and would be very, very hard to circumvent,  but if you put your mind to it you probably could.''

Williams says anyone trying it on seriously would need ``significant grunt'' - in the form of money and lawyers - before they had a go.  But they'd design a campaign if they were approached and didn't face any risk themselves. He says it's not unethical.

"Guerrilla marketing is a pretty much accepted form. If the boot were on the other foot between Adidas and Nike, both would try to rain on the other's parade. The major beer brands both try to cash in on each other and muddy the waters for each other, too. And they do it in full view of each other.''

 He also denies the practice undermines the event by scaring major sponsors away.

Kingsbury reports a lot of academics think the law is draconian and does not fairly balance the interests of the public versus the sponsors. She says other countries have passed similar laws for specific events, but ours is generic, meaning it can be wheeled out later for anything designated a  major event.

Kingsbury says it's maybe underdhstandable for the cup, but the laws could be used inappropriately in the future.

"You get some other little event and someone designates it and suddenly there are clean zones for an under-12's game. And you think, well, where does it end?''

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