26 January 2024
Adam Irish
By email
: [FYI request #23472 email]
Tēnā koe Adam
I refer to your follow up request for information dated 30 November 2023 made under the Official
Information Act 1982 (the Act) for the following information:
You mentioned legal requirements. Can you please provide the reference to the legislation your
alluding to and how the University interpreted this with regards to the stakeholders it did
consider University stakeholders. Or is this just saying there is an absence of legislation in
general so the decision makers took it upon themselves to determine who are and aren't
regarded as stakeholder communities?
I would imagine the logos on the University's heritage buildings would be protected under
Heritage New Zealand Pouhere Taonga Act 2014. So the logos and buildings can't be distroyed
or modified. Is this considered by the University?
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.legislation.govt.n
z%2Fact%2Fpublic%2F2014%2F0026%2Flatest%2FDLM4005613.html&data=05%7C01%7Coia
%40otago.ac.nz%7C143752f48a464b0c149d08dbf129c5bc%7C0225efc578fe4928b1579ef2480
9e9ba%7C0%7C0%7C638368933970364450%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLj
AwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%
2Bipdz7aIj3IWG%2BTh6EokwWNGN1YaXKupnTD%2FBA9VCio%3D&reserved=0
And that the legal name of the University is protected, as it is used in the University of Otago
Amendment Act 1961. Is this also considered or the University doesn't care about advertising
and trading under its non-legal name?
https://apc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.legislation.govt.n
z%2Fact%2Fpublic%2F1961%2F0048%2F1.0%2Fwhole.html%23DLM334225&data=05%7C01%
7Coia%40otago.ac.nz%7C143752f48a464b0c149d08dbf129c5bc%7C0225efc578fe4928b1579e
f24809e9ba%7C0%7C0%7C638368933970371768%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiM
C4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sd
ata=KsMTqPmLetAj1lrJp%2BhHTP2z6huqxJsipQntxmhrfQA%3D&reserved=0
Lastly who determined who are stakeholder communities for the project or wider consultation
process.
Please see the University of Otago’s response to the following queries mentioned in your request:
1. Can you please provide the reference to the legislation you’re alluding to and how the
University interpreted this with regards to the stakeholders it did consider University
stakeholders?
The University received legal advice throughout all processes relating to
the Tuakiritaka project and
was aware of its legal obligations. While there is no specific legislation (e.g., in th
e Education and
Training Act 2020) that requires universities to consult when considering changes to its brand, the
University chose to. In addition, there is no specific legislation which details who the University must
consult with if it chooses to do so. Given the importance and extent of the proposed changes, the
University Council wanted to consult with close stakeholder communities, namely current students,
staff, mana whenua, and alumni.
2. Consideration of logos on the University’s heritage buildings.
With regards to the adoption of a new tohu (brand symbol) and ikoa Māori (te reo name) for the
University, there is no specific legislation which governs this. However, the new tohu and ikoa Māori
have been registered with the Intellectual Property Office (IPONZ) as a trademark of the University of
Otago.
The University recognises the contribution of the coat of arms to our heritage and made the decision
at the time of consultation to retain the coat of arms as a visible decorative feature on heritage
buildings. Our current coat of arms will also remain in alumni publications, graduation certificates and
ceremonies. The University will comply and any relevant regulations and statutes in this regard when
the phased roll-out of physical signage and other assets with the new brand begins in 2025. Changes
to marketing, communications and digital changes will occur from May 2024.
3. Consideration of the University’s legal name.
The University’s legal name is not changing, and remains the University of Otago, as enacted in various
legislation (th
e University of Otago Ordinance 1869 and th
e University of Otago Amendment Act
1961). The University’s motto will also remain
Sapere Aude. Whi
le section 268 of the Education and
Training Act 2020 outlines the procedure for universities to change their legal names, this procedure
was not used given that we are not changing our legal name.
4. Who determined the stakeholder communities for the project or wider consultation?
The University engaged thoroughly with key stakeholders throughout the process, as determined by
the University Council. It was important to the University Council that the decision was not tkane
without hearing from its key stakeholders.
If you are not satisfied with our response to your information request, section 28(3) of the Act
provides you with the right to ask an Ombudsman to investigate and review this response. However,
we would welcome the opportunity to discuss any concerns with you first.
Ngā mihi
Kelsey Kennard
Official Information and Compliance Coordinator
Office of the Registrar
