Recent media coverage of former Royals* Meghan and Harry’s attempt to trademark the name “Royal Sussex” has highlighted a strange corner of our law, regulating the use of the word “Royal”. Because of the monarchy, any use or association of the word to the royals themselves is banned.

Under New Zealand’s Flags, Emblems and Names Protection Act 1981 the use of the word “Royal” is restricted. The Act defines Royal as “…relating to Her Majesty or any other member of the Royal Family.” You can, however, apply for the word “Royal” to be added to your name. The Ministry for Culture and Heritage outlines the circumstances where an organisation can request to use the word Royal.

Sure, as a constitutional monarchy the use of the word “Royal” should be regulated. You’d expect that. The question we ask is whether this reflects New Zealand today, and more importantly the sort of New Zealand we all want - one where particular words are out of bounds to commoners because their use might make the head of state look bad?

*Are they in or out? Who knows.