Geographical Indications (Wine and Spirits) Registration
Act 2006
Public Act  2006 No 60
Date of assent  21 November 2006
Commencement  see section 2
Contents
Page
1 Title 5
2 Commencement 5
Part 1
Preliminary provisions
3 Purpose 5
4 Interpretation 5
5 Act binds the Crown 8
Part 2
Registered geographical indications
Nature of registered geographical indication
6 What is geographical indication? 8
6A What is enduring New Zealand geographical indication? 8
7 What is registered geographical indication? 9
Registration
8 Registration 9
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Business, Innovation, and Employment.Reprint
as at 7 August 2020
19 Date of registration 9
Duration of registration
9A Duration of registration 9
Restrictions on registration
10 Geographical indication identical to registered geographical
indication10
11 Geographical indication identical to customary name of grape
variety10
12 Geographical indication identical to common name for wine or
spirit10
13 Foreign geographical indication 10
13A No registration of geographical indication if use or registration
likely to be offensive10
14 No registration of geographical indication if identical to trade mark
for identical goods or services10
15 No registration of geographical indication if identical to trade mark
for similar goods or services11
16 No registration of geographical indication if similar to trade mark
for identical goods or services11
17 No registration of geographical indication if similar to trade mark
for similar goods or services12
18 When restrictions on registration as geographical indication do not
apply in relation to trade mark13
Registration of homonymous geographical indication
19 Registrar may register homonymous geographical indication 13
20 Registrar may impose conditions when registering homonymous
geographical indication14
Restrictions on use of registered geographical indications
21 Restriction on use of New Zealand registered geographical
indication for wine14
22 Restriction on use of foreign registered geographical indication for
wine14
23 Restriction on use of New Zealand registered geographical
indication for spirit15
24 Restriction on use of foreign registered geographical indication for
spirit15
25 Additional rules relating to restrictions on use 15
26 Use of certain information not use of registered geographical
indication16
When restrictions on use of registered geographical indication do
not apply
27 Wine or spirit never in New Zealand or in transit only 16Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
228 Bottling pre-dating registration of registered geographical
indication16
29 Continuous use 16
30 Trade mark pre-dating registration of registered geographical
indication17
31 Use of registered geographical indication in unregistered trade
mark after 5 years after adverse use generally known18
32 Unregistered geographical indication homonymous with registered
geographical indication18
32A Use of words “New Zealand” to denote origin 18
Effect of breach of restriction
33 Breach of restriction on use of registered geographical indication is
breach of Fair Trading Act 198618
Registrar
34 Registrar 18
35 Registrar’s seal 19
35A Power of Registrar to delegate 19
Process of registration
36 Interested person may apply for registration of geographical
indication20
36A Registrar may amend application to substitute applicant 20
36B Registrar must give public notice of accepted application 20
36C Interested person may oppose accepted application 20
37 Registrar must deal with application according to prescribed
procedure21
38 Priority 21
39 Registrar may obtain advice and consult 21
39A Function of advisory committee appointed under Trade Marks Act
200221
40 Hearing before exercise of Registrar’s discretion 21
41 Conditions of use 22
Register of registered geographical indications
42 Register 22
43 Public access to register 23
44 Registrar may correct obvious errors or omissions 23
45 Removal from register 23
45A Notice of proposed removal 24
45B Interested person may oppose proposed removal 24
46 Alteration of register 24
46A Notice of proposed alteration 25
46B Interested person may oppose proposed alteration 26
46C Alteration of register concerning certain inconsistent information 26Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006
347 Procedure for removal or alteration 26
Renewal of registration
47A Renewal of registration 27
47B Notice of pending expiration of registration of geographical
indication27
47C Procedure if registration not renewed 28
Restoration to register
[Repealed]
47D Effect of registered-past expiry date status 28
Appeals
48 Appeals in relation to Registrar’s decisions 29
49 Notice of appeal 29
50 Hearing of appeal 29
51 Determination of appeal 30
52 Provisions pending determination of appeal 30
Geographical indications committees
53 When Registrar may establish geographical indications committee 30
54 Membership of committee 31
55 Discharge of committee or removal of member 31
56 Proceedings of committee 31
Miscellaneous
57 Regulations 32
57A Recognition of agents 33
57B Registrar may refuse to recognise person as agent 33
57C Registrar may award costs 33
57D Registrar may require security for costs 34
57E Meaning of proceedings for purposes of sections 57C and 57D 34
58 Act does not affect unregistered geographical indication 34
59 Act does not affect Wine Act 2003 34
60 Act does not affect joint food standards 35
61 Act does not limit Fair Trading Act 1986 35
62 Geographical Indications Act 1994 repealed 35
63 Consequential amendments to Trade Marks Act 2002 35
64 Other consequential amendments 35
Schedule
Consequential amendments to Trade Marks Act 200236
 Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
41 Title
This Act is the Geographical Indications (Wine and Spirits) Registration Act
2006.
2 Commencement
(1) This Act comes into force on a date to be appointed by the Governor-General
by Order in Council.
(2) One or more Orders in Council may be made appointing different dates for the
commencement of different provisions.
(3) Any provision of this Act that is not already in force on 1 July 2018 comes into
force on that date.
Section 2(3): the remainder of this Act brought into force, on 27 July 2017, by clause 2 of the Geo-
graphical Indications (Wine and Spirits) Registration Act Commencement Order 2017 (LI 2017/145).
Section 2(1): section 62 brought into force, on 14 April 2008, by clause 2 of the Geographical Indica-
tions Act 1994 Repeal Order 2008 (SR 2008/64).
Section 2(3): inserted, on 26 November 2016, by section 4 of the Geographical Indications (Wine and
Spirits) Registration Amendment Act 2016 (2016 No 91).
Part 1
Preliminary provisions
3 Purpose
The purposes of this Act are to—
(a) contribute to the development and continual growth of, and innovation
in, the wine and spirits industries in New Zealand by providing a suit-
able legal framework for the registration of geographical indications;
and
(b) provide a sound trading and marketing environment that facilitates,
rather than creates barriers to, the trade in wine and spirits; and
(c) protect the interests of consumers of wine and spirits in New Zealand by
providing assurance that a wine or spirit using a registered geographical
indication originates in the territory, region, or locality to which the
registered geographical indication relates; and
(d) facilitate the purposes set out in paragraphs (a), (b), and (c) in a manner
consistent with New Zealand’s rights and obligations under the TRIPS
Agreement.
Section 3(c): replaced , on 26 November 2016, by section 5 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 3(d): inserted, on 26 November 2016, by section 5 of the Geographical Indications (Wine and
Spirits) Registration Amendment Act 2016 (2016 No 91).
4 Interpretation
In this Act, unless the context requires otherwise,—Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 1 s 4
5bottled  means placed or contained in a bottle or other container used for wine
or spirits
committee  means a geographical indications committee established under sec-
tion 53
country  includes a member of the World Trade Organization established by
Article 1 of the WTO Agreement
court  means the High Court
enduring New Zealand geographical indication  has the meaning given to it
in section 6A
foreign geographical indication  has the meaning given to it in section 6(3)
foreign registered geographical indication  has the meaning given to it in sec-
tion 7(3)
geographical indication  has the meaning given to it in section 6(1)
homonymous geographical indication  has the meaning given to it in section
19(2)
international agreement  means any bilateral or multilateral treaty, conven-
tion, or agreement to which New Zealand is a party, and any arrangement
between New Zealand and any other country, concerning the protection of geo-
graphical indications
ministry  means the department of State that, with the authority of the Prime
Minister, is for the time being responsible for the administration of this Act
New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa  means the
New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa continued under
section 7(1) of the New Zealand Geographic Board (Ngā Pou Taunaha o
Aotearoa) Act 2008
New Zealand geographical indication  has the meaning given to it in section
6(2)
New Zealand registered geographical indication  has the meaning given to it
in section 7(2)
person  includes the government of a country, a corporation sole, an incorpor-
ated or unincorporated body or person, and any association or combination of
individual persons or incorporated or unincorporated persons
prescribed  means prescribed by regulations made under section 57
register  means the register of registered geographical indications established
under section 42
registered geographical indication  has the meaning given to it in section 7(1)
registrant , in relation to a registered geographical indication, means the person
upon whose application a geographical indication was registered, renewed, or
re-registered (as the case may be)Part 1 s 4Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
6Registrar  means the Registrar of Geographical Indications appointed under
section 34
spirit  means a potable alcoholic distillate, including whisky, brandy, rum, gin,
and vodka, produced by distillation of fermented liquor derived from food
sources, so as to have the taste, aroma, and other characteristics generally
attributable to that particular spirit
Surveyor-General  means the Surveyor-General appointed under section 5 of
the Cadastral Survey Act 2002
trade  means any trade, business, industry, profession, occupation, activity of
commerce, or undertaking relating to the supply or acquisition of goods
TRIPS Agreement  means the Agreement on Trade-Related Aspects of Intel-
lectual Property set out in Annex 1C to the WTO Agreement
wine  has the same meaning as grape wine  in section 4(1) of the Wine Act
2003
working day  means a day of the week other than—
(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac
Day, the Sovereign’s Birthday, and Labour Day; and
(ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol-
lowing Monday; and
(b) the day observed in the appropriate area as the anniversary of the prov-
ince of which the area forms part; and
(c) a day in the period beginning with 25 December in any year and,—
(i) except in section 49, ending with 2 January in the following year;
or
(ii) in section 49, ending with 15 January in the following year
WTO Agreement  means the World Trade Organization Agreement adopted at
Marrakesh on 15 April 1994, as revised or amended from time to time.
Section 4 enduring New Zealand geographical indication : inserted, on 26 November 2016, by sec-
tion 6(1) of the Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
(2016 No 91).
Section 4 homonymous geographical indication : inserted, on 26 November 2016, by section 6(1) of
the Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 4 New Zealand Geographic Board : repealed , on 26 November 2016, by section 6(2) of the
Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 4 New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa : inserted, on 26 Novem-
ber 2016, by section 6(2) of the Geographical Indications (Wine and Spirits) Registration Amend-
ment Act 2016 (2016 No 91).
Section 4 registrant : inserted, on 26 November 2016, by section 6(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 4 Registrar : amended , on 26 November 2016, by section 6(3) of the Geographical Indica-
tions (Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 1 s 4
7Section 4 working day  paragraph (ab): inserted , on 1 January 2014, by section 8 of the Holidays
(Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).
5 Act binds the Crown
This Act binds the Crown.
Part 2
Registered geographical indications
Nature of registered geographical indication
6 What is geographical indication?
(1) A geographical indication  is an indication that identifies a wine or spirit as
originating in the territory of a country, or a region or locality in that territory,
where a given quality, or reputation, or other characteristic, of the wine or spirit
is essentially attributable to its geographical origin.
(2) A New Zealand geographical indication  means a geographical indication that
identifies a wine or spirit as originating in New Zealand.
(3) A foreign geographical indication  means a geographical indication that
identifies a wine or spirit as originating in a country other than New Zealand.
6A What is enduring New Zealand geographical indication?
(1) An enduring New Zealand geographical indication —
(a) is one of the following New Zealand geographical indications:
(i) New Zealand:
(ii) North Island:
(iii) South Island; and
(b) must be treated as—
(i) a registered geographical indication under section 8; and
(ii) being registered on and from the date of commencement of this
section; and
(c) is to be recorded in Part 1 of the register.
(2) An enduring New Zealand geographical indication is not subject to the follow-
ing provisions:
(a) section 9A (duration of registration):
(b) section 45 (removal from register):
(c) section 46 (alteration of register).
Section 6A: inserted , on 26 November 2016, by section 7 of the Geographical Indications (Wine and
Spirits) Registration Amendment Act 2016 (2016 No 91).Part 1 s 5Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
87 What is registered geographical indication?
(1) A registered geographical indication  is a geographical indication that has
been registered under section 8.
(2) A New Zealand registered geographical indication  is a New Zealand geo-
graphical indication that has been registered under section 8.
(3) A foreign registered geographical indication  is a foreign geographical indi-
cation that has been registered under section 8.
(4) However, this section is subject to section 47D.
Section 7(4): inserted , on 13 January 2020, by section 41 of the Regulatory Systems (Economic
Development) Amendment Act 2019 (2019 No 62).
Registration
8 Registration
(1) The Registrar registers a geographical indication by entering it in the register.
(2) The Registrar may register a geographical indication except in the cases set out
in sections 10 to 17.
Section 8(2): amended , on 26 November 2016, by section 8 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
9 Date of registration
(1) A registered geographical indication is deemed to be registered on and from the
date of the application for registration.
(2) The Registrar must not register a geographical indication until 6 months after
the date of the application for registration.
(3) The date of the application for registration is the date when the Registrar
receives the application.
Duration of registration
Heading : inserted , on 26 November 2016, by section 9 of the Geographical Indications (Wine and
Spirits) Registration Amendment Act 2016 (2016 No 91).
9A Duration of registration
(1) The registration of a geographical indication is effective for a period of 5 years
commencing on the deemed date of registration.
(2) The registration of a geographical indication may be renewed under section
47A.
(3) This section does not affect a geographical indication that ceases to be regis-
tered before the expiry of the 5-year period referred to in subsection (1).
Compare: 2002 No 49 s 57
Section 9A: inserted , on 26 November 2016, by section 9 of the Geographical Indications (Wine and
Spirits) Registration Amendment Act 2016 (2016 No 91).Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 9A
9Restrictions on registration
10 Geographical indication identical to registered geographical indication
The Registrar must not register—
(a) a geographical indication for a wine that is identical to a registered geo-
graphical indication for a wine in respect of the same or a similar geo-
graphical origin:
(b) a geographical indication for a spirit that is identical to a registered geo-
graphical indication for a spirit in respect of the same or a similar geo-
graphical origin.
11 Geographical indication identical to customary name of grape variety
The Registrar must not register a geographical indication if it is identical to the
customary name of a grape variety existing in New Zealand on 1 January 1995.
12 Geographical indication identical to common name for wine or spirit
The Registrar must not register—
(a) a geographical indication for a wine if it is identical to the term custom-
ary in common language as the common name of a wine in New Zea-
land:
(b) a geographical indication for a spirit if it is identical to the term custom-
ary in common language as the common name of a spirit in New Zea-
land.
13 Foreign geographical indication
The Registrar must not register a foreign geographical indication that is not, or
has ceased to be, protected in its country of origin or that has fallen into disuse
in that country.
13A No registration of geographical indication if use or registration likely to be
offensive
The Registrar must not register a geographical indication if its use in relation to
wine or spirits or its registration would, in the opinion of the Registrar, be
likely to offend a significant section of the community, including Māori.
Compare: 2002 No 49 s 17(1)(c)
Section 13A: inserted , on 26 November 2016, by section 10 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
14 No registration of geographical indication if identical to trade mark for
identical goods or services
(1) The Registrar must not register a geographical indication if it is identical to a
trade mark and the trade mark is registered in New Zealand in respect of identi-
cal goods or services.Part 2 s 10Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
10(2) The Registrar must not register a geographical indication if—
(a) it is identical to a trade mark; and
(b) the owner of the trade mark has in good faith applied for the registration
in New Zealand of the trade mark in respect of identical goods or ser-
vices; and
(c) the trade mark’s deemed date of registration (as defined in section 5 of
the Trade Marks Act 2002), if the trade mark were to be registered, is
earlier than the date of the application for registration of the geograph-
ical indication.
(3) The Registrar must not register a geographical indication if it is identical to a
trade mark and rights to the trade mark have been acquired through use in New
Zealand in good faith in respect of identical goods or services.
15 No registration of geographical indication if identical to trade mark for
similar goods or services
(1) The Registrar must not register a geographical indication if—
(a) it is identical to a trade mark; and
(b) the trade mark is registered in New Zealand in respect of similar goods
or services; and
(c) its use is likely to deceive or confuse.
(2) The Registrar must not register a geographical indication if—
(a) it is identical to a trade mark; and
(b) the owner of the trade mark has in good faith applied for the registration
in New Zealand of the trade mark in respect of similar goods or services;
and
(c) the trade mark’s deemed date of registration (as defined in section 5 of
the Trade Marks Act 2002), if the trade mark were to be registered, is
earlier than the date of the application for registration of the geograph-
ical indication; and
(d) its use is likely to deceive or confuse.
(3) The Registrar must not register a geographical indication if—
(a) it is identical to a trade mark; and
(b) rights to the trade mark have been acquired through use in New Zealand
in good faith in respect of similar goods or services; and
(c) its use is likely to deceive or confuse.
16 No registration of geographical indication if similar to trade mark for
identical goods or services
(1) The Registrar must not register a geographical indication if—
(a) it is similar to a trade mark; andReprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 16
11(b) the trade mark is registered in New Zealand in respect of identical goods
or services; and
(c) its use is likely to deceive or confuse.
(2) The Registrar must not register a geographical indication if—
(a) it is similar to a trade mark; and
(b) the owner of the trade mark has in good faith applied for the registration
in New Zealand of the trade mark in respect of identical goods or ser-
vices; and
(c) the trade mark’s deemed date of registration (as defined in section 5 of
the Trade Marks Act 2002), if the trade mark were to be registered, is
earlier than the date of the application for registration of the geograph-
ical indication; and
(d) its use is likely to deceive or confuse.
(3) The Registrar must not register a geographical indication if—
(a) it is similar to a trade mark; and
(b) rights to the trade mark have been acquired through use in New Zealand
in good faith in respect of identical goods or services; and
(c) its use is likely to deceive or confuse.
17 No registration of geographical indication if similar to trade mark for
similar goods or services
(1) The Registrar must not register a geographical indication if—
(a) it is similar to a trade mark; and
(b) the trade mark is registered in New Zealand in respect of similar goods
or services; and
(c) its use is likely to deceive or confuse.
(2) The Registrar must not register a geographical indication if—
(a) it is similar to a trade mark; and
(b) the owner of the trade mark has in good faith applied for the registration
in New Zealand of the trade mark in respect of similar goods or services;
and
(c) the trade mark’s deemed date of registration (as defined in section 5 of
the Trade Marks Act 2002), if the trade mark were to be registered, is
earlier than the date of the application for registration of the geograph-
ical indication; and
(d) its use is likely to deceive or confuse.
(3) The Registrar must not register a geographical indication if—
(a) it is similar to a trade mark; andPart 2 s 17Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
12(b) rights to the trade mark have been acquired through use in New Zealand
in good faith in respect of similar goods or services; and
(c) its use is likely to deceive or confuse.
18 When restrictions on registration as geographical indication do not apply
in relation to trade mark
(1) The restrictions in sections 14 to 17 do not apply, and the Registrar may regis-
ter a geographical indication that is identical or confusingly similar to a trade
mark, if—
(a) the owner of the trade mark has consented to its registration as a geo-
graphical indication; or
(b) the Registrar considers that the geographical indication may co-exist
with the trade mark.
(2) In making a decision under subsection (1)(b), the Registrar must have regard to
the following factors:
(a) the geographical indication’s history of use in good faith in New Zea-
land:
(b) recognition of the geographical indication in New Zealand as a geo-
graphical indication:
(c) the legitimate interests of the owner of the trade mark and of third par-
ties:
(d) any other relevant factors.
Registration of homonymous geographical indication
19 Registrar may register homonymous geographical indication
(1) The Registrar may register a homonymous geographical indication under sec-
tion 8.
(2) A homonymous geographical indication  is—
(a) a geographical indication for a wine that has the same spelling as, or
sounds the same as,—
(i) a registered geographical indication for a wine having a different
geographical origin; or
(ii) a geographical indication for a wine having a different geograph-
ical origin for which an application for registration under section
36 has been made; or
(b) a geographical indication for a spirit that has the same spelling as, or
sounds the same as,—
(i) a registered geographical indication for a spirit having a different
geographical origin; orReprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 19
13(ii) a geographical indication for a spirit having a different geograph-
ical origin for which an application for registration under section
36 has been made.
20 Registrar may impose conditions when registering homonymous
geographical indication
(1) For the purposes of section 19, the Registrar may register the homonymous
geographical indication with conditions, or alter the register under sections 46
and 47 to include conditions for the use of the earlier registered geographical
indication, or both.
(2) In deciding what conditions (if any) to impose under subsection (1), the
Registrar must take into account—
(a) the need for the equitable treatment of the producers of the wines or
spirits to which the geographical indications relate; and
(b) the need to ensure that consumers are not misled.
Restrictions on use of registered geographical indications
21 Restriction on use of New Zealand registered geographical indication for
wine
A person may use a New Zealand registered geographical indication or indica-
tions in trade in New Zealand in relation to a wine only if—
(a) at least 85% of the wine is obtained from grapes harvested in the place
or places of geographical origin or origins to which the New Zealand
registered geographical indication or indications relate; and
(ab) all of the constituent remainder of the wine referred to in paragraph (a)
(if any) is obtained from grapes harvested in New Zealand; and
(b) the New Zealand registered geographical indication or indications are
used in accordance with their registration in New Zealand.
Section 21(a): amended , on 26 November 2016, by section 11(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 21(ab): inserted , on 26 November 2016, by section 11(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
22 Restriction on use of foreign registered geographical indication for wine
A person may use a foreign registered geographical indication or indications in
trade in New Zealand in relation to a wine only if—
(a) that wine originated in the place or places of geographical origin or ori-
gins to which the foreign registered geographical indication or indica-
tions relate; and
(b) the foreign registered geographical indication or indications are used in
accordance with—Part 2 s 20Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
14(i) the scope of their protection in their country of origin (including
any conditions as to their use imposed by their country of origin);
and
(ii) their registration in New Zealand (including any conditions
imposed by the Registrar).
Section 22(a): amended , on 26 November 2016, by section 12(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 22(b): replaced , on 26 November 2016, by section 12(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
23 Restriction on use of New Zealand registered geographical indication for
spirit
A person may use a New Zealand registered geographical indication or indica-
tions in trade in New Zealand in relation to a spirit only if—
(a) that spirit originated in the place of geographical origin to which the
registered geographical indication or indications relate; and
(b) the New Zealand registered geographical indication or indications are
used in accordance with their registration in New Zealand.
Section 23(a): amended , on 26 November 2016, by section 13 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
24 Restriction on use of foreign registered geographical indication for spirit
A person may use a foreign registered geographical indication or indications in
trade in New Zealand in relation to a spirit only if—
(a) that spirit originated in the place or places of geographical origin or ori-
gins to which the foreign registered geographical indication or indica-
tions relate; and
(b) the foreign registered geographical indication or indications are used in
accordance with—
(i) the scope of their protection in their country of origin (including
any conditions as to their use imposed by their country of origin);
and
(ii) their registration in New Zealand (including any conditions
imposed by the Registrar).
Section 24(a): amended , on 26 November 2016, by section 14(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 24(b): replaced , on 26 November 2016, by section 14(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
25 Additional rules relating to restrictions on use
The restrictions in sections 21 to 24 on the use of a registered geographical
indication apply whether or not—
(a) the true place of origin of the wine or spirit is indicated; orReprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 25
15(b) the registered geographical indication is used in translation; or
(c) the use of the registered geographical indication is accompanied by any
of the words “kind” , “type” , “style” , “imitation” , or any similar word or
expression.
Section 25(a): amended , on 26 November 2016, by section 15 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
26 Use of certain information not use of registered geographical indication
For the purposes of sections 21 to 25, the use by a person ( A) of any or all of
the following information, in the course of trade and not in such a manner as to
mislead the public, does not of itself constitute the use of a registered geo-
graphical indication in relation to a wine or spirit:
(a) A’s name or the name of A’s predecessor in business:
(b) a statement indicating the address where the wine or spirit was produced
or bottled.
When restrictions on use of registered geographical indication do not apply
27 Wine or spirit never in New Zealand or in transit only
The restrictions on the use of a registered geographical indication in sections
21 to 24 do not apply in respect of a wine or spirit that is—
(a) never in New Zealand; or
(b) in New Zealand only for the purpose of transit from one country to
another, neither of which is New Zealand.
28 Bottling pre-dating registration of registered geographical indication
The restrictions on the use of a registered geographical indication in sections
21 to 24 do not apply in respect of a wine or spirit that was bottled or was
being bottled before the registered geographical indication relating to the wine
or spirit was registered under this Act.
29 Continuous use
(1) The restrictions in sections 21 to 24 on the use of a registered geographical
indication do not apply in respect of the continued and similar use by any New
Zealand person or entity of a term that is a registered geographical indication (a
term ), in relation to a wine or spirit in New Zealand, if—
(a) that person or entity—
(i) is using the term in trade; and
(ii) has used the term in trade in a continuous manner at least from
15 April 1984; or
(b) that person or entity—
(i) is using the term in trade; andPart 2 s 26Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
16(ii) has used the term in trade in a continuous manner in good faith
since before 15 April 1994.
(1A) The restrictions in sections 21 to 24 on the use of a registered geographical
indication do not apply in respect of the continued and similar use by any New
Zealand person or entity of a term, in relation to a wine or spirit in New Zea-
land, if that person or entity—
(a) is using the term in trade; and
(b) has used the term in trade in a continuous manner since acquiring the
right to trade in a wine or spirit to which the exemption in subsection (1)
applies.
(2) In subsections (1) and (1A), New Zealand person or entity  includes—
(a) the Government of New Zealand:
(b) a New Zealand citizen:
(c) in the case of a natural person, a person who is ordinarily resident or
domiciled in New Zealand:
(d) a body corporate established by or under New Zealand law:
(e) an unincorporated association established in New Zealand:
(f) an association of any of the persons or entities in paragraphs (a) to (e).
Compare: TRIPS Agreement art 24(4)
Section 29(1): replaced , on 26 November 2016, by section 16(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 29(1A): inserted , on 26 November 2016, by section 16(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 29(2): amended , on 26 November 2016, by section 16(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 29 compare note : inserted , on 26 November 2016, by section 16(3) of the Geographical Indi-
cations (Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
30 Trade mark pre-dating registration of registered geographical indication
(1) The restrictions on the use of a registered geographical indication in sections
21 to 24  do not apply in respect of the use of a trade mark if, before the effect-
ive date,—
(a) the trade mark has been registered in New Zealand; or
(b) registration of the trade mark in New Zealand has been applied for in
good faith; or
(c) rights to the trade mark have been acquired by use in New Zealand in
good faith.
(2) In subsection (1), effective date  means the later of 1 January 1995 and the date
on which protection of the geographical indication in its country of origin
began.Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 30
1731 Use of registered geographical indication in unregistered trade mark after
5 years after adverse use generally known
(1) The restrictions on the use of a registered geographical indication in sections
21 to 24 cease to apply to the use not in bad faith of a registered geographical
indication in an unregistered trade mark after 5 years after its adverse use
became generally known in New Zealand.
(2) In subsection (1), adverse use  means use of a registered geographical indica-
tion in an unregistered trade mark in contravention of the restrictions contained
in sections 21 to 24.
32 Unregistered geographical indication homonymous with registered
geographical indication
(1) This section applies when a registered geographical indication and an unregis-
tered geographical indication are homonymous.
(2) The restrictions on the use of a registered geographical indication in sections
21 to 24 do not apply to the use of an unregistered geographical indication for a
wine or spirit that originates in the place of geographical origin to which the
unregistered geographical indication relates.
Section 32(2): amended , on 26 November 2016, by section 17 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
32A Use of words “New Zealand ” to denote origin
Despite sections 21 and 23, the use of the words “New Zealand ” in relation to
wine or spirits is not to be treated as use of the enduring New Zealand geo-
graphical indication “New Zealand” if the words are used—
(a) to comply with other laws or regulations to denote the country of origin;
and
(b) in the course of trade and not in such a manner as to mislead the public.
Section 32A: inserted , on 26 November 2016, by section 18 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
Effect of breach of restriction
33 Breach of restriction on use of registered geographical indication is breach
of Fair Trading Act 1986
A person who contravenes any of sections 21 to 24 contravenes section 9 of the
Fair Trading Act 1986 and the provisions of that Act apply accordingly.
Registrar
34 Registrar
(1) The chief executive of the ministry must, under the Public Service Act 2020 ,
appoint a Registrar of Geographical Indications.Part 2 s 31Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
18(2) The Registrar must be an officer or employee of the ministry, and his or her
appointment may be held either separately or in conjunction with any other
office in the ministry.
Section 34(1): replaced , on 26 November 2016, by section 19 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 34(1): amended , on 7 August 2020, by section 135 of the Public Service Act 2020  (2020
No 40).
35 Registrar’s seal
(1) The Registrar must have and use a seal of office bearing the impression of the
New Zealand Coat of Arms and having inscribed in the margin the words
“Registrar of Geographical Indications, New Zealand”.
(2) Every document bearing the imprint of the Registrar’s seal of office, and pur-
porting to be signed or issued by the Registrar, or by a person employed to
assist the Registrar in the exercise of the Registrar’s functions under this Act,—
(a) must be received in evidence; and
(b) in the absence of proof to the contrary, must be treated as having been
signed or issued by or under the direction of the Registrar.
Section 35(1): amended , on 26 November 2016, by section 20 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
35A Power of Registrar to delegate
(1) The Registrar may delegate to any person any of the Registrar’s functions,
duties, and powers, except this power of delegation.
(2) The delegation—
(a) must be in writing; and
(b) may be made subject to any restrictions and conditions that the Registrar
thinks fit; and
(c) is revocable, at any time, in writing; and
(d) does not prevent the performance or exercise of a function, duty, or
power by the Registrar.
(3) A person to whom any functions, duties, or powers are delegated may perform
those functions and duties and exercise those powers in the same manner and
with the same effect as if they had been conferred directly by this Act and not
by delegation.
(4) A person who appears to act under a delegation must, in the absence of evi-
dence to the contrary, be presumed to be acting in accordance with the terms of
the delegation.
(5) Any reference to the Registrar in this Act (or in regulations made under this
Act) includes a reference to a person to whom the Registrar has delegated his
or her power in respect of a thing delegated to that person.Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 35A
19Section 35A: inserted , on 26 November 2016, by section 21 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
Process of registration
36 Interested person may apply for registration of geographical indication
An interested person may apply in the prescribed form and on payment of the
prescribed fee for the registration of a geographical indication.
36A Registrar may amend application to substitute applicant
(1) The Registrar may, on the application of an interested person ( A), amend a spe-
cified application made by another interested person ( B) for registration of a
geographical indication—
(a) by removing B’s name and address; and
(b) by entering A’s name and address as the substitute applicant.
(2) The Registrar may exercise the powers under subsection (1) only—
(a) if—
(i) B consents to A being the substitute applicant; or
(ii) B has died or ceased to exist; and
(b) if the application is made in accordance with regulations made under
section 57(1)(ea).
Section 36A: inserted , on 26 November 2016, by section 22 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
36B Registrar must give public notice of accepted application
(1) The Registrar must give public notice of an application for registration of a
geographical indication that the Registrar has accepted.
(2) The public notice must be given in the format, manner, and frequency that the
Registrar thinks appropriate.
Compare: 2002 No 49 s 46; SR 2003/187 r 161
Section 36B: inserted , on 26 November 2016, by section 22 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
36C Interested person may oppose accepted application
An interested person may, in accordance with any prescribed requirements,
oppose an application for registration of a geographical indication that the
Registrar has accepted.
Compare: 2002 No 49 s 47; 2013 No 68 s 92
Section 36C: inserted , on 26 November 2016, by section 22 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).Part 2 s 36Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
2037 Registrar must deal with application according to prescribed procedure
(1) The Registrar must deal with the application according to the procedure pre-
scribed by regulations made under section 57.
(2) Those regulations may include regulations for—
(a) the acceptance or rejection of the application:
(b) opposition, and determination of opposition, to an accepted application:
(c) registration:
(d) any other steps to be taken in dealing with the application.
38 Priority
(1) The first application for the registration of a geographical indication received
by the Registrar has priority over any subsequent application for registration of
an identical geographical indication—
(a) in respect of the same good (that is, wine or spirit); and
(b) having the same or a similar geographical origin.
(2) The Registrar must reject any subsequent application received before the
Registrar has accepted or rejected the first application.
39 Registrar may obtain advice and consult
If the Registrar thinks it necessary, the Registrar may obtain advice on, and
may consult about, any matter relating to—
(a) an application for the registration of a geographical indication, including
opposition to an accepted application; or
(b) the registrability of a geographical indication; or
(c) alterations to a registered geographical indication; or
(d) the removal of a registered geographical indication from the register.
39A Function of advisory committee appointed under Trade Marks Act 2002
It is a function of an advisory committee appointed under section 177(1) of the
Trade Marks Act 2002 to advise the Registrar whether the use of a geograph-
ical indication in relation to wine or spirits, or the registration of the geograph-
ical indication, is, or is likely to be, offensive to Māori.
Compare: 2002 No 49 s 178
Section 39A: inserted , on 26 November 2016, by section 23 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
40 Hearing before exercise of Registrar’s discretion
(1) The Registrar must not, without giving an interested person an opportunity of
being heard, adversely exercise any discretionary or other power under this Act
or regulations made under this Act in relation to—Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 40
21(a) a registered geographical indication; or
(b) a geographical indication that is the subject of an application for regis-
tration under section 8.
(2) Regulations made under section 57 may prescribe the procedure for the oppor-
tunity to be heard.
41 Conditions of use
The Registrar may register a geographical indication with conditions as the
Registrar thinks fit, including conditions on the use of the geographical indica-
tion.
Register of registered geographical indications
42 Register
(1) The Registrar must establish and maintain a register of registered geographical
indications.
(2) The register must contain 3 parts, as follows:
(a) Part 1, for enduring New Zealand geographical indications:
(b) Part 2, for all registered geographical indications except those to which
paragraphs (a) and (c) refer:
(c) Part 3, for geographical indications that have been registered in accord-
ance with regulations made under section 57(1)(j).
(3) The register must specify, in respect of each registered geographical indica-
tion,—
(a) whether it relates to a wine or a spirit or to both; and
(b) its boundaries, unless it is a foreign registered geographical indication
(including a foreign registered geographical indication in Part 3 of the
register); and
(c) any conditions that relate to it; and
(ca) the name and address of the registrant; and
(d) the date of registration (except in the case of an enduring New Zealand
geographical indication); and
(e) if the geographical indication’s status is registered-past expiry date (as
defined in section 47D), a statement to that effect.
(4) The register may be kept in any manner that the Registrar thinks fit, including,
either wholly or partly, by means of a device or facility—
(a) that records or stores information electronically or by other means; and
(b) that permits the information so recorded or stored to be readily inspected
or reproduced in usable form.Part 2 s 41Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
22(5) The register is prima facie evidence of any matters required or authorised by or
under this Act to be entered in it.
Section 42(2): replaced , on 26 November 2016, by section 24(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 42(3)(b): amended , on 26 November 2016, by section 24(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 42(3)(ca): inserted , on 26 November 2016, by section 24(3) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 42(3)(d): replaced , on 26 November 2016, by section 24(4) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 42(3)(d): amended , on 13 January 2020, by section 42(1) of the Regulatory Systems (Eco-
nomic Development) Amendment Act 2019 (2019 No 62).
Section 42(3)(e): inserted , on 13 January 2020, by section 42(2) of the Regulatory Systems (Eco-
nomic Development) Amendment Act 2019 (2019 No 62).
43 Public access to register
(1) The Registrar must allow access to the register during each working day, at the
times determined by the Registrar for inspection, by any person who pays the
prescribed fee (if any).
(2) The Registrar must provide a copy, or a certified copy, of any particulars on the
register to any person who applies for it and pays the prescribed fee (if any).
(3) A certified copy of particulars on the register signed by the Registrar and
sealed with the Registrar’s seal is conclusive evidence for all purposes that the
particulars on the certified copy have been duly registered.
Section 43(1): amended , on 26 November 2016, by section 25 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
44 Registrar may correct obvious errors or omissions
If satisfied that there is an obvious error in, or omission from, the register, the
Registrar may correct it.
45 Removal from register
(1) The Registrar may remove a registered geographical indication from the regis-
ter if satisfied that any of the following grounds exist:
(a) in the case of a foreign geographical indication, it is not, or has ceased to
be, protected in its country of origin:
(b) it has fallen into disuse in its country of origin:
(c) it should not have been registered because it did not meet the require-
ments of the definition of a geographical indication in section 6(1):
(d) it should not have been registered because it fell under 1 or more of the
restrictions in sections 10 to 17:
(e) it has become a term customary in common language as the common
name for a wine or spirit in New Zealand.Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 45
23(2) The Registrar may remove a registered geographical indication under subsec-
tion (1) on his or her own initiative, or on the application of any interested per-
son.
(3) The Registrar may refuse an application for removal that in the Registrar’s
opinion is vexatious or frivolous.
(4) The Registrar must remove a registered geographical indication from the regis-
ter when required to do so under section 47C(2).
Section 45(1)(d): amended , on 26 November 2016, by section 26(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 45(4): inserted , on 26 November 2016, by section 26(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 45(4): amended , on 13 January 2020, by section 43 of the Regulatory Systems (Economic
Development) Amendment Act 2019 (2019 No 62).
45A Notice of proposed removal
(1) If the Registrar proposes on his or her own initiative to remove a registered
geographical indication from the register under section 45(1), the Registrar
must—
(a) notify the registrant of the grounds of the proposed removal; and
(b) give public notice of the proposed removal.
(2) If the Registrar receives an application to remove a registered geographical
indication from the register, the Registrar must,—
(a) if the applicant is not the registrant, send a copy of the application to the
registrant; and
(b) give public notice of the proposed removal.
(3) The public notice must be given in the format, manner, and frequency that the
Registrar thinks appropriate.
Section 45A: inserted , on 26 November 2016, by section 27 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 45A(1): amended , on 13 January 2020, by section 44 of the Regulatory Systems (Economic
Development) Amendment Act 2019 (2019 No 62).
45B Interested person may oppose proposed removal
If the Registrar gives notice of the proposed removal of a registered geograph-
ical indication under section 45A , an interested person may, in accordance with
any prescribed requirements, oppose the proposed removal.
Section 45B: inserted , on 26 November 2016, by section 27 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
46 Alteration of register
(1) The Registrar may, on his or her own initiative or on the application of an inter-
ested person, alter a registered geographical indication, or the conditions orPart 2 s 45AGeographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
24boundaries relating to a registered geographical indication, if the Registrar is
satisfied that—
(a) the alteration is necessary; and
(b) the alteration will not substantially alter the character of the geographical
indication; and
(c) the alteration is not likely to mislead the public.
(1A) The Registrar may, on the application of a registrant, alter the registrant’s name
or address on the register in relation to a specified registered geographical indi-
cation.
(1B) The Registrar may, on the application of an interested person (other than the
registrant), alter the register in relation to a specified registered geographical
indication—
(a) by removing the registrant’s name and address; and
(b) by entering the applicant’s name and address as the substitute registrant.
(1C) The Registrar may exercise the powers under subsection (1B) only—
(a) if—
(i) the registrant consents to the interested person being the substitute
registrant; or
(ii) the registrant has died or ceased to exist; and
(b) if the application is made in accordance with regulations made under
section 57(1)(ea).
(2) The Registrar may refuse an application for alteration that in the Registrar’s
opinion is vexatious or frivolous.
Section 46(1): replaced , on 26 November 2016, by section 28(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 46(1A): inserted , on 26 November 2016, by section 28(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 46(1B): inserted , on 26 November 2016, by section 28(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 46(1C): inserted , on 26 November 2016, by section 28(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
46A Notice of proposed alteration
(1) If the Registrar proposes on his or her own initiative to alter a registered geo-
graphical indication, or the conditions or boundaries relating to a registered
geographical indication, the Registrar must—
(a) notify the registrant of the grounds of the proposed alteration; and
(b) give public notice of the proposed alteration.Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 46A
25(2) If the Registrar receives an application to alter a registered geographical indica-
tion, or the conditions or boundaries relating to a registered geographical indi-
cation, the Registrar must,—
(a) if the applicant is not the registrant, send a copy of the application to the
registrant; and
(b) give public notice of the proposed alteration.
(3) The public notice must be given in the format, manner, and frequency that the
Registrar thinks appropriate.
Section 46A: inserted , on 26 November 2016, by section 29 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
46B Interested person may oppose proposed alteration
If the Registrar gives notice of the proposed alteration of a registered geograph-
ical indication or the conditions or boundaries relating to a registered geo-
graphical indication under section 46A , an interested person may, in accord-
ance with any prescribed requirements, oppose the proposed alteration.
Compare: 2013 No 68 s 87
Section 46B: inserted , on 26 November 2016, by section 29 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
46C Alteration of register concerning certain inconsistent information
(1) This section applies if information in the register relating to a person is incon-
sistent with the primary business data of that person in the New Zealand Busi-
ness Number Register.
(2) If this section applies, the Registrar may, in the prescribed manner (if any),
alter the information in the register so that it is consistent with the primary
business data in the New Zealand Business Number Register.
(3) In this section, primary business data  has the same meaning as in section
20(2) of the New Zealand Business Number Act 2016.
Compare: 2002 No 49 s 78A
Section 46C: inserted , on 26 November 2016, by section 29 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
47 Procedure for removal or alteration
(1) Before removing a registered geographical indication from the register or alter-
ing the register, the Registrar must follow the procedure prescribed by regula-
tions made under section 57.
(2) Those regulations may include regulations for—
(a) [Repealed]
(b) opposition, and determination of opposition, to the removal or alteration:
(c) any other steps to be taken in effecting the removal or alteration.Part 2 s 46BGeographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
26(3) This section does not affect the power of the Registrar to remove a registered
geographical indication from the register in accordance with section 45(4).
Section 47(2)(a): repealed , on 26 November 2016, by section 30(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 47(3): inserted , on 26 November 2016, by section 30(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Renewal of registration
Heading : inserted , on 26 November 2016, by section 31 of the Geographical Indications (Wine and
Spirits) Registration Amendment Act 2016 (2016 No 91).
47A Renewal of registration
(1) On application by an interested person, the Registrar must renew the registra-
tion of a registered geographical indication.
(2) An application for renewal must be made to the Registrar—
(a) not more than 12 months before, and not more than 6 months after, the
date on which the registration expires (the expiry date ); and
(b) in the prescribed manner.
(3) The renewed registration is effective for a period of 10 years commencing on
the expiry date.
Section 47A: replaced , on 13 January 2020, by section 45 of the Regulatory Systems (Economic
Development) Amendment Act 2019 (2019 No 62).
47B Notice of pending expiration of registration of geographical indication
(1) If no application to renew the registration of a geographical indication has been
made, the Registrar must—
(a) give notice in writing of the pending expiration of the geographical indi-
cation—
(i) to the registrant; and
(ii) to other persons and organisations that the Registrar considers are
representative of the producers of the wine or spirits to which the
geographical indication relates; and
(b) give public notice of the pending expiration of the geographical indica-
tion.
(2) A notice under subsection (1) must—
(aaa) be given at least the prescribed period before the registration’s expiry
date; and
(a) be in the prescribed form (if any); and
(b) at a minimum, state—
(i) the date on which the registration of the geographical indication
will expire; andReprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 47B
27(ii) any conditions as to the payment of fees (including the amount of
any renewal fee) on which a renewal of registration may be
obtained; and
(iii) that,—
(A) if the registration is not renewed before its expiry date, the
register will be changed to record that the geographical
indication’s status is registered-past expiry date; and
(B) if the registration has still not been renewed 6 months after
the expiry date, the geographical indication will be
removed from the register.
Compare: 2002 No 49 s 59
Section 47B: inserted , on 26 November 2016, by section 31 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 47B(1): amended , on 13 January 2020, by section 46(1) of the Regulatory Systems (Eco-
nomic Development) Amendment Act 2019 (2019 No 62).
Section 47B(2)(aaa): inserted , on 13 January 2020, by section 46(2) of the Regulatory Systems (Eco-
nomic Development) Amendment Act 2019 (2019 No 62).
Section 47B(2)(b)(ii): amended , on 13 January 2020, by section 46(3) of the Regulatory Systems
(Economic Development) Amendment Act 2019 (2019 No 62).
Section 47B(2)(b)(iii): replaced , on 13 January 2020, by section 46(4) of the Regulatory Systems
(Economic Development) Amendment Act 2019 (2019 No 62).
47C Procedure if registration not renewed
(1) If the registration of a geographical indication is not renewed before its expiry
date, the Registrar must record on the register that its status is registered-past
expiry date (until the registration is renewed or it is removed from the register).
(2) The Registrar must remove the geographical indication from the register if—
(a) notice has been given under section 47B; and
(b) 6 months have elapsed since the registration’s expiry date; and
(c) the registration has not been renewed.
Section 47C: replaced , on 13 January 2020, by section 47 of the Regulatory Systems (Economic
Development) Amendment Act 2019 (2019 No 62).
Restoration to register
[Repealed]
Heading : repealed , on 13 January 2020, by section 47 of the Regulatory Systems (Economic Devel-
opment) Amendment Act 2019 (2019 No 62).
47D Effect of registered-past expiry date status
(1) A geographical indication has the status of registered-past expiry date  if—
(a) the geographical indication’s registration expiry date (referred to in sec-
tion 47A) has passed; but
(b) the geographical indication has not yet been removed from the register.Part 2 s 47CGeographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
28(2) While the geographical indication’s status is registered-past expiry date, the
geographical indication—
(a) is not a registered geographical indication for the purposes of sections 21
to 24; but
(b) is a registered geographical indication for all other purposes.
(3) If the geographical indication’s registration is renewed before it is removed
from the register under section 47C(2),—
(a) the renewed registration takes effect from the expiry date ( see section
47A(3)); and
(b) the geographical indication is taken to have remained a registered geo-
graphical indication for all purposes from that date as if its status had not
changed.
Section 47D: replaced , on 13 January 2020, by section 47 of the Regulatory Systems (Economic
Development) Amendment Act 2019 (2019 No 62).
Appeals
48 Appeals in relation to Registrar’s decisions
A person who is aggrieved by a decision of the Registrar under this Act may
appeal to the court.
49 Notice of appeal
Notice of an appeal under section 48 must be filed in the court and served on
the Registrar within 20 working days after the date on which the decision
appealed against was given.
50 Hearing of appeal
(1) On an appeal, the court must hear the Registrar and the parties.
(2) An appeal must be heard only on the materials stated by the Registrar unless a
party, either in the manner prescribed or by leave of the court, brings forward
further material for the consideration of the court.
(3) In the case of an appeal against the acceptance of an application for registration
of a geographical indication, or the registration of a geographical indication,—
(a) no further grounds are permitted by the person opposing the application
or registration, other than those stated by the person opposing, except
with the permission of the court; and
(b) if further grounds of objection are permitted, the applicant for registra-
tion may, on giving notice as prescribed in regulations made under sec-
tion 57, withdraw the application without paying the costs of the person
opposing.Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 50
2951 Determination of appeal
In determining an appeal, the court may—
(a) confirm, modify, or reverse the Registrar’s decision or any part of it:
(b) exercise any of the powers that could have been exercised by the
Registrar in relation to the matter to which the appeal relates.
52 Provisions pending determination of appeal
The decision to which an appeal under this Act relates remains in full force
pending the determination of the appeal unless the court orders otherwise.
Geographical indications committees
53 When Registrar may establish geographical indications committee
(1) The Registrar may, if the Registrar thinks fit, establish a geographical indica-
tions committee in relation to an application for 1 or more of the following:
(a) registration of a geographical indication:
(b) alteration of a registered geographical indication:
(c) removal of a registered geographical indication from the register.
(2) In deciding whether or not to establish a geographical indications committee
under subsection (1) in relation to an application for registration of a geograph-
ical indication, the Registrar must have regard to the following factors:
(a) whether any person opposes or, in the opinion of the Registrar, is likely
to oppose the application for registration:
(b) whether the application is supported by the relevant national and
regional organisations representing the wine or spirits industry, as the
case may be:
(c) whether there are any existing trade mark rights that may need to be
taken into account in considering the application:
(d) whether there are any existing homonymous geographical indications:
(e) whether, if the application is successful, the geographical indication
might be registered subject to conditions:
(f) the history and the current use of the geographical indication in New
Zealand and the country of origin:
(g) any other factors that the Registrar considers relevant.
(3) The function of the committee is to advise the Registrar on issues relating to
the matters specified in subsection (1), including—
(a) the boundaries of a geographical indication; and
(b) the use of a place name as a geographical indication.
Section 53(3): replaced , on 26 November 2016, by section 32 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).Part 2 s 51Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
3054 Membership of committee
(1) The Registrar may at any time appoint a member of the committee.
(2) Each committee must include the following members:
(a) the Surveyor-General (or the Surveyor-General’s representative) acting
in his or her capacity as Surveyor-General:
(b) a member of the New Zealand Geographic Board Ngā Pou Taunaha o
Aotearoa , who is not the Surveyor-General, acting in his or her capacity
as a member of that board:
(c) 1 or more persons who, in the Registrar’s opinion, have appropriate
knowledge of the wine or spirits industry, as the case may be.
(3) Subsection (2)(a) or (b) does not apply if the matter on which the Registrar
requires advice does not relate to boundaries or place names respectively.
(4) In appointing a person under subsection (2)(c), the Registrar must first consult
the relevant national and regional organisations representing the wine or spirits
industry, as the case may be.
(5) The Registrar may appoint as members of the committee any other persons
who, in the opinion of the Registrar, have appropriate knowledge or expertise
in relation to the matter to be considered by the committee.
(6) A member of the committee may resign office by notice in writing to the
Registrar.
Section 54(2)(b): amended , on 26 November 2016, by section 33 of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
55 Discharge of committee or removal of member
(1) The Registrar may at any time discharge the committee.
(2) The Registrar may at any time remove a member of the committee, except the
Surveyor-General, and appoint another person in his or her place.
56 Proceedings of committee
(1) Meetings of a committee must be held at the times and places as the committee
or the chairperson from time to time decides.
(2) The quorum for a meeting of a committee is 3 members.
(3) Every question before a committee must be determined by a majority of the
votes of the members present at the meeting concerned.
(4) The chairperson of a committee has a deliberative vote and, in the case of an
equality of votes, a casting vote.
(5) Except as provided in this section and in any regulations made under this Act,
and subject to any direction given by the Registrar, the committee may regulate
its own procedure.Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 56
31Miscellaneous
57 Regulations
(1) The Governor-General may from time to time, by Order in Council, make
regulations for all or any of the following purposes:
(a) prescribing the form of, and the requirements relating to, applications
under this Act:
(b) prescribing the procedure for dealing with an application for registration
of a geographical indication:
(c) prescribing any transitional arrangements for making or dealing with an
application for registration of a geographical indication:
(d) prescribing the procedure relating to the removal of a registered geo-
graphical indication from the register:
(e) prescribing the procedure relating to the alteration of a geographical
indication on the register:
(ea) prescribing the procedure relating to the alteration of the name and
address of an applicant or a registrant (including the substitution of
information relating to an applicant or a registrant):
(eb) prescribing the manner in which the Registrar may alter the register
under section 46C, including prescribing procedures, requirements, and
other matters in respect of an alteration:
(f) prescribing the procedure for any hearing under this Act:
(g) prescribing time and extensions of time in respect of any matters under
this Act:
(h) specifying conditions relating to 1 or more registered geographical indi-
cations:
(i) prescribing the matters in respect of which fees are payable under this
Act, the amounts of the fees or the methods by which they are to be
assessed, and the person to whom the fees are to be paid:
(j) giving effect, for the purposes of this Act, to the terms of any inter-
national agreement:
(k) providing for any other matters contemplated by this Act or necessary
for its administration or necessary for giving it full effect.
(2) The Governor-General may prescribe any renewal fees under subsection (1)(i)
that—
(a) recover some or all of the costs incurred by the Registrar in performing
his or her functions under this Act:Part 2 s 57Geographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
32(b) recover those costs at a level that provides an incentive to allow registra-
tions of geographical indications to expire if persons interested in the
registration no longer find registration beneficial.
Compare: 2013 No 68 s 243(2)(b)
Section 57(1)(ea): inserted , on 26 November 2016, by section 34(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 57(1)(eb): inserted , on 26 November 2016, by section 34(1) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 57(2): inserted , on 26 November 2016, by section 34(2) of the Geographical Indications
(Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 57 compare note : inserted , on 26 November 2016, by section 34(2) of the Geographical Indi-
cations (Wine and Spirits) Registration Amendment Act 2016 (2016 No 91).
57A Recognition of agents
(1) Anything that must be done by or to a person under this Act in relation to a
geographical indication may be done by or to the person’s expressly authorised
agent.
(2) Subsection (1) applies only if the agent is not a person whom the Registrar
refused to recognise as an agent in accordance with section 57B.
Compare: 2002 No 49 s 190
Section 57A: inserted , on 26 November 2016, by section 35 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
57B Registrar may refuse to recognise person as agent
(1) The Registrar may refuse to recognise a person as an agent if that person—
(a) is suspended from practice before the Intellectual Property Office of
New Zealand; or
(b) has his or her registration as a patent attorney suspended or cancelled; or
(c) has been removed from or struck off the roll of barristers and solicitors
under the provisions of the Lawyers and Conveyancers Act 2006, and
has not been restored to the roll; or
(d) is suspended from practice as a barrister or solicitor; or
(e) has been convicted in New Zealand of an offence specified in Part 10
(except section 298A) of the Crimes Act 1961 or has been convicted of
an equivalent offence in another country.
(2) If the Registrar refuses to recognise a person as an agent, the Registrar must, as
soon as practicable, notify that person and the person’s principal in writing.
Compare: SR 2003/187 rr 23, 24
Section 57B: inserted , on 26 November 2016, by section 35 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
57C Registrar may award costs
(1) The Registrar may, in any proceedings before him or her under this Act,—Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 57C
33(a) by order, award to a party costs of an amount that the Registrar thinks
appropriate (which, without limitation, may be on an indemnity basis);
and
(b) direct how and by what parties the costs are to be paid.
(2) The order may be entered as a judgment of the court and may be enforced
accordingly.
Compare: 2013 No 68 s 212
Section 57C: inserted , on 26 November 2016, by section 35 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
57D Registrar may require security for costs
(1) The Registrar may require a party to proceedings to give security for the costs
of the proceedings if the Registrar is satisfied that—
(a) the party does not reside, and does not carry on business, in New Zea-
land; or
(b) there is reason to believe that the party will be unable to pay the costs of
the other party if unsuccessful in the proceedings.
(2) If the party does not give the security required, the Registrar may treat the pro-
ceedings as having been abandoned by that party and determine the matter
accordingly.
Compare: 2013 No 68 s 213
Section 57D: inserted , on 26 November 2016, by section 35 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
57E Meaning of proceedings for purposes of sections 57C and 57D
For the purposes of sections 57C and 57D, proceedings  means any procedure
prescribed by regulations made under section 57—
(a) for opposition, and determination of opposition, to an accepted applica-
tion for registration of a geographical indication as referred to in section
37(2)(b):
(b) for opposition, and determination of opposition, to the removal or altera-
tion of a registered geographical indication as referred to in section
47(2)(b).
Section 57E: inserted , on 26 November 2016, by section 35 of the Geographical Indications (Wine
and Spirits) Registration Amendment Act 2016 (2016 No 91).
58 Act does not affect unregistered geographical indication
Nothing in this Act affects a geographical indication that is not a registered
geographical indication.
59 Act does not affect Wine Act 2003
Nothing in this Act affects the operation of the Wine Act 2003.Part 2 s 57DGeographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
3460 Act does not affect joint food standards
Nothing in this Act affects the operation of any joint food standard adopted
under the Food Act 2014.
Section 60 heading: amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
Section 60: amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
61 Act does not limit Fair Trading Act 1986
Nothing in this Act limits the operation of the Fair Trading Act 1986.
62 Geographical Indications Act 1994 repealed
The Geographical Indications Act 1994 is repealed.
63 Consequential amendments to Trade Marks Act 2002
Amend the Trade Marks Act 2002 as set out in the Schedule.
64 Other consequential amendments
(1) Section 8 of the New Zealand Geographic Board Act 1946 is amended by
inserting the following subsection after subsection (1):
(1A) The Board also has the functions given to it by the Geographical Indications
(Wine and Spirits) Registration Act 2006.
(2) Part 2 of Schedule 1 of the Ombudsmen Act 1975  is amended by inserting the
following item in its appropriate alphabetical order:
Geographical indications committees established under the Geographical Indi-
cations (Wine and Spirits) Registration Act 2006
(3) Schedule 1 of the Trans-Tasman Mutual Recognition Act 1997 is amended by
omitting the item “Geographical Indications Act 1994 ” and substituting the
item “Geographical Indications (Wine and Spirits) Registration Act 2006”.Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Part 2 s 64
35Schedule
Consequential amendments to Trade Marks Act 2002
s 63
Schedule : inserted , on 26 November 2016, by section 37 of the Geographical Indications (Wine and
Spirits) Registration Amendment Act 2016 (2016 No 91).
Section 5
In section 5(1), repeal the definitions of geographical indication , protected geo-
graphical indication , and specified goods .
In section 5(1), insert in its appropriate alphabetical order:
registered geographical indication  has the same meaning as in section 7(1) of
the Geographical Indications (Wine and Spirits) Registration Act 2006
Section 11
After section 11(a), insert:
(ab) are subject to any lawful use of a registered geographical indication; and
Section 20
Replace section 20 with:
20 Trade mark that contains geographical indication must not be registered
in certain circumstances
(1) The Commissioner must not register a trade mark if —
(a) a registered geographical indication for a wine or spirit exists under the
Geographical Indications (Wine and Spirits) Registration Act 2006
and—
(i) the trade mark contains the registered geographical indication for
a wine or spirit; and
(ii) the trade mark relates to a wine or spirit that does not originate in
the place of geographical origin to which the registered geograph-
ical indication relates; and
(iii) the use of the trade mark is likely to deceive or confuse; or
(b) an application for registration of a geographical indication for a wine or
spirit has been made in good faith under the Geographical Indications
(Wine and Spirits) Registration Act 2006 and —
(i) the trade mark contains the geographical indication that is the sub-
ject of the application for registration; and
(ii) the trade mark relates to a wine or spirit that does not originate in
the place of geographical origin to which the geographical indica-
tion relates; and
(iii) the use of the trade mark is likely to deceive or confuse; andScheduleGeographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
36Section 20 —continued
(iv) if registered, the deemed date of registration of the geographical
indication is earlier than the deemed date of registration of the
trade mark (if registered).
(2) This section does not apply if the Commissioner or the court, as the case may
be, considers that a case of honest concurrent use exists that, in the opinion of
the Commissioner or the court, makes it proper for the trade mark to be regis-
tered, subject to any conditions that the Commissioner or the court may
impose.
Compare: 2006 No 60 ss 14 –17
New section 60A
After section 60, insert:
60A Status of geographical indication removed from register for non-payment
of renewal fee
(1) A geographical indication that has been removed from the register for non-pay-
ment of the renewal fee must be taken into account for a period of 1 year after
the date of expiry of the registered geographical indication when determining
the registrability of a later trade mark application.
(2) Subsection (1) does not apply if the Commissioner is satisfied that, in the case
of a foreign geographical indication, —
(a) the geographical indication is not, or has ceased to be, protected in its
country of origin; or
(b) the geographical indication has fallen into disuse in its country of origin.
Compare: 2006 No 60 s 47C
Section 88
In section 88(c), replace “Geographical Indications Act 1994 ” with “Geographical
Indications (Wine and Spirits) Registration Act 2006”.
New section 98A
After section 98, insert:
98A No infringement through use of registered geographical indication
A registered trade mark is not infringed by the lawful use of a registered geo-
graphical indication registered under the Geographical Indications (Wine and
Spirits) Registration Act 2006.Reprinted as at
7 August 2020Geographical Indications (Wine and Spirits)
Registration Act 2006 Schedule
37Reprints notes
1 General
This is a reprint of the Geographical Indications (Wine and Spirits) Registra-
tion Act 2006 that incorporates all the amendments to that Act as at the date of
the last amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law
enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in
electronic form, has the status of an official version under section 17 of that
Act. A printed version of the reprint produced directly from this official elec-
tronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sec-
tions 24 to 26 of the Legislation Act 2012. See also http://www.pco.parlia-
ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Public Service Act 2020 (2020 No 40): section 135
Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62): sections 41–47
Geographical Indications (Wine and Spirits) Registration Act Commencement Order 2017 (LI
2017/145)
Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 (2016 No 91)
Food Act 2014 (2014 No 32): section 447
Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19):
section 8
Geographical Indications Act 1994 Repeal Order 2008 (SR 2008/64): clause 2
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2020NotesGeographical Indications (Wine and Spirits)
Registration Act 2006Reprinted as at
7 August 2020
38