For
Probus Club members it is an opportunity to further intellectual and cultural
interests. For competing Probus umbrella
organisations it is a commercial battle over affiliation fees. The High Court ruled Australian-based Probus
South Pacific Ltd holds rights to the name Probus in relation to clubs incorporated
in New Zealand. Unaffiliated clubs in
New Zealand have been ordered to change their names: Devonport, Fitzherbert,
Milson, Whitianga, Waikanae, Wanaka and Wellington Ladies.
The Incorporated Societies Act governs
names used by registered clubs and societies.
Changes can be forced if “undesireable”.
A name is undesireable if similar to a name already in use. Probus NZ Inc and affiliated incorporated clubs
were ordered to change their names to remove any link to the Probus name since
it is currently in use by Probus South Pacific and its affiliated clubs.
The High Court was told Probus clubs were
first formed in the United Kingdom in 1967.
The name is a combination of “professional” and “business”. Introduced into New Zealand in the 1970s, the
first local clubs were sponsored by the service organisation, Rotary. What later became Probus South Pacific Ltd
was set up to co-ordinate the operation of Probus clubs in Australasia and
Pacific islands. In March 2014, Probus
NZ was set up by a breakaway group from Probus South Pacific affiliated clubs
dissatisfied with the service provided.
They claim Probus South Pacific’s support services were inadequate,
unnecessary and based on the wrong philosophical, conceptual and business
model.
They are free to establish rival
organisations, but they cannot use the Probus name.
Probus
South Pacific v. Probus New Zealand – High Court (17.09.15)
15.105