European Union Free Trade Agreement Legislation
Amendment Act 2024
Public Act  2024 No 10
Date of assent  25 March 2024
Commencement  see section 2
Contents
Page
1 Title 11
2 Commencement 11
Part 1
Amendments to regulations previously called Consumer
Information Standards (Country of Origin (Clothing and
Footwear) Labelling) Regulations 1992
3 Principal regulations 11
4 Regulation 3 amended (Consumer information standard for
clothing and footwear prescribed)12
Part 2
Amendments to Dairy Industry Restructuring Act 2001
5 Principal Act 12
6 Section 5 amended (Interpretation) 12
7 Section 21 amended (Purpose) 13
8 Section 22 amended (Overview) 13
9 Section 23 amended (Restrictions on exports to designated
markets)13
10 Sections 24 to 25A repealed 13
11 Section 26 amended (Later allocation of export licences) 13
12 New section 26B inserted (Commencement of EU FTA tariff
quotas)13
26B Commencement of EU FTA tariff quotas 13
113 Section 27 repealed (Increases in rights to export to designated
markets during initial period)14
14 Section 27A amended (Increases or reductions in rights to export
to designated markets after initial period)14
15 Section 28 repealed (Restriction on transfer of initial licences) 14
16 Section 28A amended (Transferring export licences) 14
17 Section 29 and cross-heading above section 29 repealed 14
18 Schedule 5 repealed 14
19 Schedule 5A amended 14
Part 3
Amendments to Act previously called Geographical Indications
(Wine and Spirits) Registration Act 2006
20 Principal Act 15
21 Section 1 amended (Title) 15
22 Section 3 amended (Purpose) 15
23 Section 4 amended (Interpretation) 16
24 New section 4A inserted (Transitional, savings, and related
provisions)18
4A Transitional, savings, and related provisions 18
25 Part 2 heading replaced 18
Part 2
Types of geographical indication
26 Cross-heading above section 6 repealed 18
27 Section 6 amended (What is geographical indication?) 18
28 Section 6A amended (What is enduring New Zealand geographical
indication?)19
29 Section 7 replaced (What is registered geographical indication?) 19
7 Registered geographical indications 19
7A Registration as both foreign and EU FTA geographical
indication19
30 New Part 3 heading inserted 19
Part 3
New Zealand and foreign geographical indications
31 Section 8 amended (Registration) 19
32 Section 9 amended (Date of registration) 20
33 Section 9A amended (Duration of registration) 20
34 Section 10 amended (Geographical indication identical to
registered geographical indication)20
35 Section 11 amended (Geographical indication identical to
customary name of grape variety)20
36 Section 12 amended (Geographical indication identical to common
name for wine or spirit)20
37 Section 13 amended (Foreign geographical indication) 20European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
238 Section 13A amended (No registration of geographical indication
if use or registration likely to be offensive)21
39 Section 14 amended (No registration of geographical indication if
identical to trade mark for identical goods or services)21
40 Section 15 amended (No registration of geographical indication if
identical to trade mark for similar goods or services)21
41 Section 16 amended (No registration of geographical indication if
similar to trade mark for identical goods or services)21
42 Section 17 amended (No registration of geographical indication if
similar to trade mark for similar goods or services)21
43 New section 17A inserted (No registration of New Zealand or
foreign geographical indication if identical or similar to well-
known trade mark that indicates connection)21
17A No registration of New Zealand or foreign geographical
indication if identical or similar to well-known trade
mark that indicates connection22
44 Section 18 amended (When restrictions on registration as
geographical indication do not apply in relation to trade mark)22
45 Cross-heading above section 19 replaced 22
Registration of homonymous New Zealand or foreign
geographical indication
46 Section 19 amended (Registrar may register homonymous
geographical indication)22
47 Section 20 amended (Registrar may impose conditions when
registering homonymous geographical indication)23
48 Cross-heading above section 21 replaced 23
Restrictions on use
49 Section 25 amended (Additional rules relating to restrictions on
use)23
50 Section 26 amended (Use of certain information not use of
registered geographical indication)23
51 Cross-heading above section 27 replaced 23
When restrictions on use do not apply
52 Section 27 repealed (Wine or spirit never in New Zealand or in
transit only)24
53 Section 28 amended (Bottling pre-dating registration of registered
geographical indication)24
54 Section 29 amended (Continuous use) 24
55 Section 30 amended (Trade mark pre-dating registration of
registered geographical indication)24
56 Section 31 amended (Use of registered geographical indication in
unregistered trade mark after 5 years after adverse use generally
known)242024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024
357 Section 32 amended (Unregistered geographical indication
homonymous with registered geographical indication)24
58 Sections 33 to 35A and cross-headings repealed 25
59 Section 36 amended (Interested person may apply for registration
of geographical indication)25
60 Section 36A amended (Registrar may amend application to
substitute applicant)25
61 Section 36B amended (Registrar must give public notice of
accepted application)25
62 Section 36C amended (Interested person may oppose accepted
application)25
63 Section 37 amended (Registrar must deal with application
according to prescribed procedure)25
64 Section 38 amended (Priority) 26
65 Sections 39 to 40 repealed 26
66 Section 41 amended (Conditions of use) 26
67 Sections 42 to 44 and cross-heading above section 42 repealed 26
68 New cross-heading above section 45 inserted 26
Removals from and alterations to register
69 Section 45 amended (Removal from register) 26
70 Section 45A amended (Notice of proposed removal) 26
71 Section 46 amended (Alteration of register) 27
72 Section 46A amended (Notice of proposed alteration) 27
73 Section 46C amended (Alteration of register concerning certain
inconsistent information)27
74 Section 47 amended (Procedure for removal or alteration) 27
75 Section 47A amended (Renewal of registration) 27
76 Section 47B amended (Notice of pending expiration of registration
of geographical indication)27
77 Section 47C amended (Procedure if registration not renewed) 28
78 Section 47D amended (Effect of registered-past expiry date status) 28
79 Sections 48 to 52 and cross-heading replaced 28
Costs
47E Registrar may award costs 28
47F Registrar may require security for costs 28
47G Meaning of proceedings for purposes of sections 47E and
47F28
80 Cross-heading above section 53 replaced 29
New Zealand geographical indications committee
81 Section 53 amended (When Registrar may establish geographical
indications committee)29
82 Section 54 amended (Membership of committee) 29European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
483 Section 55 amended (Discharge of committee or removal of
member)29
84 Section 56 amended (Proceedings of committee) 29
85 Sections 57 to 64 and cross-heading replaced 29
Part 4
EU FTA geographical indications
Registration
57 Registration of EU FTA geographical indication 30
58 Examination and opposition requirements before
registration of EU FTA geographical indication31
59 Date of registration of EU FTA geographical indications 32
Duration of registration and removal from register
60 Duration of registration of EU FTA geographical
indications32
61 Removal of EU FTA geographical indication from
register32
Restrictions on registration
62 No registration of EU FTA geographical indication if
common name for good33
63 No registration of EU FTA geographical indication if
name of plant variety or animal breed33
64 No registration of EU FTA geographical indication if
likely to be offensive33
65 No registration of EU FTA geographical indication if
identical to trade mark for identical goods33
66 No registration of EU FTA geographical indication if
identical to trade mark for similar goods34
67 No registration of EU FTA geographical indication if
similar to trade mark for identical goods34
68 No registration of EU FTA geographical indication if
similar to trade mark for similar goods35
69 No registration of EU FTA geographical indication
if identical or similar to well-known trade mark that
indicates connection35
70 When restrictions in sections 65 to 69 do not apply 36
Registration of homonymous EU FTA geographical
indication
71 Registrar may register homonymous or partially
homonymous EU FTA geographical indication36
72 Registrar may impose conditions when registering
homonymous or partially homonymous EU FTA
geographical indication372024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024
5Restriction on use
73 Restriction on use of EU FTA registered geographical
indication37
When restriction on use does not apply
74 EU FTA geographical indication no longer protected in
country of origin38
75 Person’s name or common English word 38
76 Customary or common name 39
77 Customary or common name for individual word or term 39
78 Goods to be marketed and sold until stocks exhausted 40
Part 5
Enforcement
79 Interpretation 40
Subpart 1 —GI officers
80 Appointment of GI officers 41
81 Suspension or cancellation of appointment of GI officer 41
82 Right of review of decision to suspend or cancel
appointment of GI officer42
83 Chief executive may give general directions on functions,
duties, or powers42
84 Functions, duties, and powers of GI officer may be
performed or exercised by chief executive43
Subpart 2 —Enforcement powers
85 GI officer may require information about relevant goods 43
86 Person assisting GI officer 43
87 Other powers of GI officer 43
Power of entry and inspection
88 Power of entry and inspection 44
89 What GI officer and person assisting may do when
exercising power of entry and inspection45
Search warrants
90 Application for search warrant 46
91 Issue of search warrant 46
92 Powers under search warrant 47
93 Carrying out search powers 47
94 Disposal of property seized under search warrant 47
95 Retention of documents 47
Notices of direction
96 GI officer may give notice of direction 47
97 Service of notice of direction 48European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
698 GI officer may amend or cancel notice of direction 49
99 Review of notice of direction 49
100 Appeal against decision on review of notice of direction 50
Information sharing
101 Application of section 102 50
102 Disclosure of information 51
103 Disclosure of information outside New Zealand 52
104 Disclosure of information outside New Zealand must be
under agreement52
105 Privacy Commissioner may request review of agreement 53
Subpart 3 —Civil remedies and offences
Civil proceedings for breach of restriction on use
106 No proceedings for use of unregistered geographical
indication53
107 Who may bring proceedings for breach of restriction on
use of registered geographical indication53
108 Time for bringing proceedings 54
109 Unjustified proceedings 54
Types of relief in civil proceedings
110 Types of relief available for breach of restriction on use 54
111 Order for erasure, etc, of offending geographical
indication55
Orders for delivery up in civil proceedings
112 Order for delivery up of infringing goods, infringing
material, or infringing object55
113 Order for disposal of infringing goods, infringing
material, or infringing object56
114 Matters to be considered by court 56
115 Directions for service 56
116 Rights of persons with interest in infringing goods,
infringing material, or infringing object56
117 When order under section 113 takes effect 57
118 Miscellaneous court order if more than 1 person
interested in infringing goods, infringing material, or
infringing object57
119 Position where no order made under section 113 57
Infringement offence
120 Infringement offence for failure to comply with notice of
direction57
Procedure for infringement offences
121 Infringement offences 582024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024
7122 When infringement notice may be issued 58
123 Revocation of infringement notice before payment made 58
124 What infringement notice must contain 58
125 How infringement notice may be served 59
126 Payment of infringement fees 59
127 Reminder notices 59
Other offences
128 Hindering or obstructing GI officer 60
129 Offence involving documents or information 60
Subpart 4 —Border protection measures
Interpretation
130 Interpretation 60
Detention of suspected infringing goods
131 Detention of suspected infringing goods 61
132 Release of goods 61
Notice of infringing goods
133 Notice may be given to chief executive 62
134 Contents of notice 62
135 Security and indemnity 63
136 Chief executive must accept or decline notice 63
137 Chief executive may suspend accepted notice 63
138 Notice of suspension 64
139 Chief executive may reinstate accepted notice 64
140 Duration of accepted notice 64
Investigation where notice of infringing goods
141 Determination to conduct investigation 64
142 Claimant to provide information for investigation 65
143 Limitations on requirement to supply information 65
Chief executive’ s determination
144 Chief executive’s determination 65
145 Notice of determination 65
146 Consequences of failure to serve notice 66
Detention of infringing goods
147 Detention of infringing goods 66
148 When detained goods may be released 66
149 Forfeiture of goods by consent 67
Proceedings relating to infringing goods
150 Application for various orders relating to infringing
goods67European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
8151 Proceedings to determine whether goods are infringing
goods67
152 Powers of court 68
Inspection of goods
153 Inspection of goods 68
Service under this subpart
154 Service of notices under this subpart 69
Subpart 5 —Protection from civil and criminal liability
155 Protection from civil and criminal liability 69
Part 6
General provisions
Regulations
156 Regulations 70
Registrar
157 Registrar 72
158 Registrar’s seal 72
159 Power of Registrar to delegate 72
160 Hearing before exercise of Registrar’s discretion 73
Register of geographical indications
161 Register of geographical indications 73
162 Public access to register 74
163 Registrar may correct obvious errors or omissions 74
Appeals
164 Appeals in relation to Registrar’s decisions 75
165 Notice of appeal 75
166 Hearing of appeal 75
167 Determination of appeal 75
168 Provisions pending determination of appeal 75
Advice and consultation
169 Registrar may obtain advice and consult 75
170 Function of advisory committee appointed under Trade
Marks Act 200276
Miscellaneous provisions
171 Recognition of agents 76
172 Registrar may refuse to recognise person as agent 76
173 Act does not affect unregistered geographical indication 76
174 Act does not affect Wine Act 2003 77
175 Act does not affect joint food standards 77
176 Act does not limit Fair Trading Act 1986 772024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024
986 Schedule replaced 77
87 Consequential amendments to other Acts 77
Part 4
Amendments to Overseas Investment Act 2005 and Overseas
Investment Regulations 2005
Subpart 1—Amendments to Overseas Investment Act 2005
88 Principal Act 77
89 Section 61A amended (Regulations regarding alternative monetary
thresholds for overseas investments in significant business assets)77
Subpart 2—Amendments to Overseas Investment Regulations
2005
90 Principal regulations 77
91 Regulation 84 amended (Introduction to Part 5) 77
92 Regulation 85 amended (Definitions) 78
93 Regulation 88 amended (Introduction to subpart 2 and interaction
between regulations in Part 5)78
94 Schedule 1AA amended 78
Part 5
Amendments to Tariff Act 1988, Tariff, and Customs and
Excise Regulations 1996
Subpart 1—Amendments to Tariff Act 1988
Amendments to Tariff Act 1988
95 Principal Act 78
96 Section 2 amended (Interpretation) 79
97 Section 7 amended (Application of Tariff) 79
98 Section 9 amended (Alterations and modifications of Tariff) 79
99 Section 15A amended (Interpretation) 79
100 Section 15H amended (Provisional transitional safeguard measure) 79
Consequential amendment to Trade (Safeguard Measures) Act
2014
101 Principal Act 79
102 Section 4 amended (Overview of safeguards) 79
Subpart 2—Amendments to Tariff
103 Principal legislation 80
104 Note 2 amended 80
105 Note 3 amended 80
106 Footnotes amended 80
107 Part II Concessions amended 80
Subpart 3—Amendment to Customs and Excise Regulations 1996
108 Principal regulations 81European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
10109 New regulations 51ZZM and 51ZZN and cross-heading inserted 81
Provisions relating to EU FTA group
51ZZM Interpretation 81
51ZZN Originating goods 81
Schedule 1
Schedule of Act previously called Geographical Indications
(Wine and Spirits) Registration Act 2006 replaced82
Schedule 2
Consequential amendments to Acts87
Schedule 3
New Part 11 inserted into Schedule 1AA of Overseas
Investment Regulations 200590
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the European Union Free Trade Agreement Legislation Amendment
Act 2024.
2 Commencement
(1) This Act comes into force on a single date set by Order in Council.
(2) An Order in Council made under this section is secondary legislation ( see Part
3 of the Legislation Act 2019 for publication requirements).
Legislation Act 2019 requirements for secondary legislation made under this section
Publication PCO must publish it on the legislation website and notify
it in the GazetteLA19 s 69(1)(c)
Presentation The Minister must present it to the House of
RepresentativesLA19 s 114
Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.
Part 1
Amendments to regulations previously called Consumer Information
Standards (Country of Origin (Clothing and Footwear) Labelling)
Regulations 1992
3 Principal regulations
(1) This Part amends the regulations that were previously called the Consumer
Information Standards (Country of Origin (Clothing and Footwear) Labelling)
Regulations 1992.
(2) Replace regulation 1(1) with:2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 1 s 3
11(1) These regulations are the Consumer Information Standards (Country or Terri‐
tory of Origin (Clothing and Footwear) Labelling) Regulations 1992.
4 Regulation 3 amended (Consumer information standard for clothing and
footwear prescribed)
(1) Replace regulation 3(a) with:
(a) every article of clothing and footwear to which these regulations apply
that is supplied, offered for supply, or advertised for supply must be
labelled or marked to show the country or territory of origin:
(2) In regulation 3(c) and (d), replace “country in which the article was made or
produced shall” with “country or territory of origin must”.
(3) In regulation 3(e),—
(a) replace “country in which the footwear was made or produced shall ”
with “country or territory of origin must”; and
(b) replace “country in which it was made or produced shall ” with “country
or territory of origin must”.
(4) In regulation 3, insert as subclause (2):
(2) In this regulation, —
country or territory of origin  means —
(a) the country in which the article of clothing or footwear was made or
produced; or
(b) in the case of an article of clothing or footwear made or produced in the
territory of the European Union, —
(i) the country in which it was made or produced; or
(ii) the European Union
EU FTA  means the Free Trade Agreement between New Zealand and the
European Union, done at Brussels on 9 July 2023
territory of the European Union  means the territories to which the EU FTA
applies under Article 1.4(1)(a) of the EU FTA.
Part 2
Amendments to Dairy Industry Restructuring Act 2001
5 Principal Act
This Part amends the Dairy Industry Restructuring Act 2001.
6 Section 5 amended (Interpretation)
(1) In section 5(1), replace the definition of designated market  with:
designated market  means a market listed in Schedule 5APart 1 s 4European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
12(2) In section 5(1), replace the definition of export licence  with:
export licence , in respect of a designated market, means a licence allocated
under section 26
(3) In section 5(1), repeal the definitions of—
(a) initial licence ; and
(b) initial period ; and
(c) interim licence ; and
(d) interim period .
(4) In section 5(1), definition of quota year , paragraph (a), replace “European
Communities” with “European Union”.
(5) In section 5(1), insert in its appropriate alphabetical order:
EU FTA  means the Free Trade Agreement between New Zealand and the
European Union, done at Brussels on 9 July 2023
7 Section 21 amended (Purpose)
In section 21(3), replace “Schedules 5 and 5A” with “Schedule 5A”.
8 Section 22 amended (Overview)
Repeal section 22(2).
9 Section 23 amended (Restrictions on exports to designated markets)
(1) In section 23(1), replace “Schedules 5 and 5A” with “Schedule 5A”.
(2) Repeal section 23(2).
10 Sections 24 to 25A repealed
Repeal sections 24 to 25A.
11 Section 26 amended (Later allocation of export licences)
(1) Repeal section 26(1)(a) and (b).
(2) In section 26(1)(c), delete “after the initial periods”.
(3) In section 26(2), replace “Following the expiry of the initial and interim licen‐
ces, export” with “Export”.
12 New section 26B inserted (Commencement of EU FTA tariff quotas)
After section 26A, insert:
26B Commencement of EU FTA tariff quotas
(1) If the EU FTA first comes into force on a day other than 1 January in any year,
an EU FTA tariff quota must be applied in that year on a pro rata basis.
(2) In this section, EU FTA tariff quota  means an EU FTA tariff quota listed in
Schedule 5A.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 2 s 12
1313 Section 27 repealed (Increases in rights to export to designated markets
during initial period)
Repeal section 27.
14 Section 27A amended (Increases or reductions in rights to export to
designated markets after initial period)
(1) In the heading to section 27A, delete “ after initial period ”.
(2) In section 27A(1), delete “, after the initial period,”.
(3) Repeal section 27A(4).
15 Section 28 repealed (Restriction on transfer of initial licences)
Repeal section 28.
16 Section 28A amended (Transferring export licences)
Repeal section 28A(4).
17 Section 29 and cross-heading above section 29 repealed
Repeal section 29 and the cross-heading above section 29.
18 Schedule 5 repealed
Repeal Schedule 5.
19 Schedule 5A amended
(1) Replace the Schedule 5A heading with:
Schedule 5A
Designated markets
ss 21(3), 23, 26
(2) In Schedule 5A, replace the item relating to European Communities butter
with:
EU WTO tariff quotas
European Union Butter Destined for import into the European Union
under the tariff quota for butter of New
Zealand origin, as provided for in the Current
Access Quotas part of Section I-B of Schedule
CLXXV/European Union of the World Trade
Organization and as set out in paragraph 25(d)-
(f), Section C, Annex 2-A of the EU FTA,
including any amendment or any successor to
that schedule or annex.
(3) In Schedule 5A, replace the items relating to European Communities cheddar
cheese and European Communities cheese for processing with:
European Union Cheese Destined for import into the European Union
under the tariff quota for cheddar cheese and
cheese for processing of New Zealand origin, asPart 2 s 13European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
14provided for in the Current Access Quotas part
of Section I-B of Schedule CLXXV/European
Union of the World Trade Organization and as
set out in paragraph 26(d), Section C, Annex
2-A of the EU FTA, including any amendment
or any successor to that schedule or annex.
(4) In Schedule 5A, after the new item relating to European Union cheese, insert:
EU FTA tariff quotas
European Union Milk powders Destined for import into the European Union
under the tariff quota for milk powders of New
Zealand origin, as set out in paragraph 24,
Section C, Annex 2-A of the EU FTA, including
any amendment or any successor to that annex.
European Union Butter Destined for import into the European Union
under the tariff quota for butter of New Zealand
origin, as set out in paragraph 25(a)-(c), Section
C, Annex 2-A of the EU FTA, including any
amendment or any successor to that annex.
European Union Cheese Destined for import into the European Union
under the tariff quota for cheese of New
Zealand origin, as set out in paragraph 26(a)-(c),
Section C, Annex 2-A of the EU FTA, including
any amendment or any successor to that annex.
European Union Dairy processed
agricultural
products and
high protein
wheyDestined for import into the European Union
under the tariff quota for dairy processed
agricultural products and high protein whey of
New Zealand origin, as set out in paragraph 27,
Section C, Annex 2-A of the EU FTA, including
any amendment or any successor to that annex.
Other WTO tariff quotas
Part 3
Amendments to Act previously called Geographical Indications
(Wine and Spirits) Registration Act 2006
20 Principal Act
This Part amends the Act that was previously called the Geographical Indica‐
tions (Wine and Spirits) Registration Act 2006.
21 Section 1 amended (Title)
In section 1, delete “(Wine and Spirits)”.
22 Section 3 amended (Purpose)
(1) In section 3(a), replace “registration of geographical indications ” with “protec‐
tion of New Zealand and foreign geographical indications”.
(2) In section 3(c), replace “a registered ” with “a New Zealand registered or
foreign registered”.
(3) After section 3(d), insert:2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 22
15(e) provide a suitable legal framework for the protection of EU FTA geo‐
graphical indications in respect of wine, spirits, and other goods in a
manner consistent with New Zealand’s rights and obligations under the
EU FTA.
23 Section 4 amended (Interpretation)
(1) In section 4, insert in their appropriate alphabetical order:
accepted notice , in subpart 4 of Part 5, has the meaning given to it in section
130
chief executive ,—
(a) except in subpart 4 of Part 5, means the chief executive of the Ministry
that, under the authority of any warrant or with the authority of the
Prime Minister, is for the time being responsible for the administration
of this Act or the relevant part of this Act; and
(b) in subpart 4 of Part 5, has the meaning given to it in section 130
claimant , in subpart 4 of Part 5, has the meaning given to it in section 130
control of Customs , in subpart 4 of Part 5, has the meaning given to it in
section 130
Customs , in subpart 4 of Part 5, has the meaning given to it in section 130
Customs officer , in subpart 4 of Part 5, has the meaning given to it in section
130
EU means the European Union
EU FTA  means the Free Trade Agreement between New Zealand and the
European Union done at Brussels on 9 July 2023, as revised or amended from
time to time
EU FTA geographical indication  has the meaning given to it in section 6(4)
EU FTA registered geographical indication  has the meaning given to it in
section 7(1)(c)
exporter , in subpart 4 of Part 5, has the meaning given to it in section 130
GI officer , in Part 5, has the meaning given to it in section 79
homonymous New Zealand or foreign geographical indication  has the
meaning given to it in section 19(2)
homonymous or partially homonymous EU FTA geographical indication
has the meaning given to it in section 71(2)
importer , in subpart 4 of Part 5, has the meaning given to it in section 130
infringement fee , in relation to an infringement offence, means the infringe‐
ment fee specified for the offence in the regulations
infringement offence  means an offence against section 120  or any other
offence identified in this Act as an infringement offencePart 3 s 23European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
16infringing good , in Part 5, has the meaning given to it in section 79
infringing material , in Part 5, has the meaning given to it in section 79
infringing object , in Part 5, has the meaning given to it in section 79
issuing officer , in Part 5, has the meaning given to it in section 79
Minister  means the Minister who, under the authority of any warrant or with
the authority of the Prime Minister, is for the time being responsible for the
administration of this Act or the relevant part of this Act
regulations  means regulations made under section 156
relevant good , in Part 5, has the meaning given to it in section 79
restriction on use , in Part 5, has the meaning given to it in section 79
transliteration  means the conversion of characters following the phonetics of
the original language or languages of the relevant geographical indication
written or in writing , in Part 5, has the meaning given to it in section 79
(2) In section 4, definition of foreign registered geographical indication , replace
“section 7(3)” with “section 7(1)(b)”.
(3) In section 4, repeal the definition of homonymous geographical indication .
(4) In section 4, replace the definition of ministry  with:
Ministry  means the Ministry that, under the authority of any warrant or with
the authority of the Prime Minister, is for the time being responsible for the
administration of this Act or the relevant part of this Act
(5) In section 4, definition of New Zealand registered geographical indication ,
replace “section 7(2)” with “section 7(1)(a)”.
(6) In section 4, definition of prescribed , replace “section 57” with “section 156”.
(7) In section 4, definition of register , replace “section 42” with “section 161”.
(8) In section 4, definition of Registrar , replace “section 34” with “section 157”.
(9) In section 4, replace the definition of spirit  with:
spirit —
(a) 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; but
(b) in the definition of EU FTA geographical indication in section 6(4), has
the meaning given to it in Annex 18-A of the EU FTA
(10) In section 4, definition of working day , paragraph (c) (i) and (ii), replace
“section 49” with “section 165”.
(11) In section 4, replace the definition of wine  with:2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 23
17wine —
(a) has the same meaning as grape wine in section 4(1) of the Wine Act
2003; but
(b) in the definition of EU FTA geographical indication in section 6(4), has
the meaning given to it in Annex 18-A of the EU FTA
24 New section 4A inserted (Transitional, savings, and related provisions)
After section 4, insert:
4A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have
effect according to their terms.
25 Part 2 heading replaced
Replace the Part 2 heading with:
Part 2
Types of geographical indication
26 Cross-heading above section 6 repealed
Repeal the cross-heading above section 6.
27 Section 6 amended (What is geographical indication?)
(1) Replace the heading to section 6 with “ Geographical indications ”.
(2) In section 6(1),—
(a) replace “a wine or spirit ” with “a wine, spirit, or other good (as the case
requires)”; and
(b) replace “the wine or spirit” with “the wine, spirit, or other good”.
(3) Replace section 6(3) with:
(3) A foreign geographical indication —
(a) means a geographical indication that identifies a wine or spirit as origin‐
ating in a country other than New Zealand; but
(b) does not include an EU FTA geographical indication unless the EU FTA
geographical indication is also listed in Part 2 of the register.
(4) An EU FTA geographical indication  means a geographical indication that —
(a) identifies a wine, spirit, or other good as originating in a country that is a
member state of the EU; and
(b) is listed in Section A of Annex 18-B of the EU FTA.Part 3 s 24European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
1828 Section 6A amended (What is enduring New Zealand geographical
indication?)
(1) Replace the heading to section 6A with “Enduring New Zealand geograph‐
ical indications ”.
(2) In section 6A(1) (b)(i) , replace “registered geographical indication ” with “New
Zealand registered geographical indication”.
29 Section 7 replaced (What is registered geographical indication?)
Replace section 7 with:
7 Registered geographical indications
(1) A registered geographical indication  is—
(a) a New Zealand geographical indication registered under section 8 (a
New Zealand registered geographical indication ); or
(b) a foreign geographical indication registered under section 8 (a foreign
registered geographical indication ); or
(c) an EU FTA geographical indication registered under section 57 or clause
2 of Schedule 1 (an EU FTA registered geographical indication ).
(2) Subsection (1)(a) and (b) is subject to section 47D.
7A Registration as both foreign and EU FTA geographical indication
(1) A foreign registered geographical indication that is then registered as an EU
FTA registered geographical indication does not lose its registration as a for‐
eign registered geographical indication because of its registration as an EU
FTA registered geographical indication.
(2) An EU FTA registered geographical indication that is then registered as a
foreign registered geographical indication does not lose its registration as an
EU FTA registered geographical indication because of its registration as a
foreign registered geographical indication.
30 New Part 3 heading inserted
Before the cross-heading above section 8, insert:
Part 3
New Zealand and foreign geographical indications
31 Section 8 amended (Registration)
(1) In the heading to section 8, after “Registration ”, insert “of New Zealand or
foreign geographical indication ”.
(2) In section 8(1) and (2), replace “geographical indication ” with “New Zealand
or foreign geographical indication”.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 31
1932 Section 9 amended (Date of registration)
(1) In the heading to section 9, after “Date of registration ”, insert “of New
Zealand or foreign geographical indication ”.
(2) In section 9(1), replace “registered geographical indication ” with “New Zea‐
land registered or foreign registered geographical indication”.
(3) In section 9(2), replace “geographical indication ” with “New Zealand or for‐
eign geographical indication”.
33 Section 9A amended (Duration of registration)
(1) In the heading to section 9A, after “Duration of registration ”, insert “of New
Zealand or foreign geographical indication ”.
(2) In section 9A(1), (2), and (3), replace “geographical indication ” with “New
Zealand or foreign geographical indication”.
34 Section 10 amended (Geographical indication identical to registered
geographical indication)
(1) In the heading to section 10, replace “Geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 10(a) and (b), replace “a geographical indication ” with “a New
Zealand or foreign geographical indication”.
35 Section 11 amended (Geographical indication identical to customary name
of grape variety)
(1) In the heading to section 11, replace “Geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 11, replace “geographical indication ” with “New Zealand or foreign
geographical indication”.
36 Section 12 amended (Geographical indication identical to common name
for wine or spirit)
(1) In the heading to section 12, replace “Geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 12(a) and (b), replace “geographical indication ” with “New Zealand
or foreign geographical indication”.
37 Section 13 amended (Foreign geographical indication)
In the heading to section 13, after “Foreign geographical indication ”, insert
“no longer protected, or fallen into disuse, in country of origin ”.Part 3 s 32European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
2038 Section 13A amended (No registration of geographical indication if use or
registration likely to be offensive)
(1) In the heading to section 13A, replace “geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 13A, replace “geographical indication ” with “New Zealand or for‐
eign geographical indication”.
39 Section 14 amended (No registration of geographical indication if identical
to trade mark for identical goods or services)
(1) In the heading to section 14, replace “geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 14(1), (2), and (3), replace “a geographical indication ” with “a New
Zealand or foreign geographical indication”.
40 Section 15 amended (No registration of geographical indication if identical
to trade mark for similar goods or services)
(1) In the heading to section 15, replace “geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 15(1), (2), and (3), replace “a geographical indication ” with “a New
Zealand or foreign geographical indication”.
41 Section 16 amended (No registration of geographical indication if similar
to trade mark for identical goods or services)
(1) In the heading to section 16, replace “geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 16(1), (2), and (3), replace “a geographical indication ” with “a New
Zealand or foreign geographical indication”.
42 Section 17 amended (No registration of geographical indication if similar
to trade mark for similar goods or services)
(1) In the heading to section 17, replace “geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 17(1), (2), and (3), replace “a geographical indication ” with “a New
Zealand or foreign geographical indication”.
43 New section 17A inserted (No registration of New Zealand or foreign
geographical indication if identical or similar to well-known trade mark
that indicates connection)
After section 17, insert:2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 43
2117A No registration of New Zealand or foreign geographical indication if
identical or similar to well-known trade mark that indicates connection
The Registrar must not register a New Zealand or foreign geographical indica‐
tion if —
(a) it is identical or similar to a trade mark that is well known in New
Zealand; and
(b) the trade mark is registered in New Zealand in respect of goods that are
neither identical nor similar to the good to which the New Zealand or
foreign geographical indication relates; and
(c) the use of the geographical indication in respect of a good is likely to
indicate a connection to the owner of the trade mark; and
(d) the interests of the trade mark owner are likely to be damaged by the use
of the geographical indication; and
(e) the trade mark’s deemed date of registration (as defined in section 5 of
the Trade Marks Act 2002) is earlier than the date of the application for
registration of the geographical indication.
Compare: EU FTA art 18.33.3(b)
44 Section 18 amended (When restrictions on registration as geographical
indication do not apply in relation to trade mark)
(1) Replace the heading to section 18 with “When restrictions in sections 14 to
17A do not apply ”.
(2) In section 18(1), replace “sections 14 to 17” with “sections 14 to 17A”.
(3) In section 18(1), replace “register a geographical indication ” with “register a
New Zealand or foreign geographical indication”.
45 Cross-heading above section 19 replaced
Replace the cross-heading above section 19 with:
Registration of homonymous New Zealand or foreign geographical indication
46 Section 19 amended (Registrar may register homonymous geographical
indication)
(1) In the heading to section 19, replace “geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 19(1), replace “geographical indication ” with “New Zealand or
foreign geographical indication”.
(3) In section 19(2), replace “homonymous geographical indication ” with
“homonymous New Zealand or foreign geographical indication ”.
(4) In section 19(2), replace—Part 3 s 44European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
22(a) “registered geographical indication ” with “New Zealand registered or
foreign registered geographical indication” in each place:
(b) “a geographical indication ” with “a New Zealand or foreign geograph‐
ical indication” in each place.
47 Section 20 amended (Registrar may impose conditions when registering
homonymous geographical indication)
(1) In the heading to section 20, replace “geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 20(1), replace “geographical indication ” with “New Zealand or
foreign geographical indication” in each place.
48 Cross-heading above section 21 replaced
Replace the cross-heading above section 21 with:
Restrictions on use
49 Section 25 amended (Additional rules relating to restrictions on use)
(1) In the heading to section 25, after “restrictions on use ”, insert “of New
Zealand registered or foreign registered geographical indication ”.
(2) In section 25, replace “a registered geographical indication ” with “a New
Zealand registered or foreign registered geographical indication”.
(3) In section 25(b), after “translation”, insert “or transliteration”.
(4) In section 25, insert as subsection (2):
(2) Despite subsection (1)(b), the restrictions in sections 21 to 24  do not apply to a
translated term if evidence is provided that shows there is no link between the
geographical indication and the translated term.
50 Section 26 amended (Use of certain information not use of registered
geographical indication)
(1) In the heading to section 26, replace “registered geographical indication ”
with “New Zealand registered or foreign registered geographical indica‐
tion”.
(2) In section 26, replace “registered geographical indication ” with “New Zealand
registered or foreign registered geographical indication”.
51 Cross-heading above section 27 replaced
Replace the cross-heading above section 27 with:
When restrictions on use do not apply2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 51
2352 Section 27 repealed (Wine or spirit never in New Zealand or in transit
only)
Repeal section 27.
53 Section 28 amended (Bottling pre-dating registration of registered
geographical indication)
(1) In the heading to section 28, replace “registered geographical indication ”
with “New Zealand registered or foreign registered geographical indica‐
tion”.
(2) In section 28, replace “a registered geographical indication ” with “a New
Zealand registered or foreign registered geographical indication”.
54 Section 29 amended (Continuous use)
In section 29(1) and (1A), replace “registered geographical indication ” with
“New Zealand registered or foreign registered geographical indication ” in each
place.
55 Section 30 amended (Trade mark pre-dating registration of registered
geographical indication)
(1) In the heading to section 30, replace “registered geographical indication ”
with “New Zealand registered or foreign registered geographical indica‐
tion”.
(2) In section 30(1), replace “registered geographical indication ” with “New Zea‐
land registered or foreign registered geographical indication”.
56 Section 31 amended (Use of registered geographical indication in
unregistered trade mark after 5 years after adverse use generally known)
(1) Replace the heading to section 31 with “Use of New Zealand registered or
foreign registered geographical indication in unregistered trade mark in
certain circumstances ”.
(2) In section 31(1) and (2), replace “registered geographical indication ” with
“New Zealand registered or foreign registered geographical indication ” in each
place.
57 Section 32 amended (Unregistered geographical indication homonymous
with registered geographical indication)
(1) Replace the heading to section 32 with “Unregistered New Zealand or for‐
eign geographical indication homonymous with New Zealand registered or
foreign registered geographical indication ”.
(2) In section 32(1) and (2), replace “registered geographical indication ” with
“New Zealand registered or foreign registered geographical indication”.Part 3 s 52European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
24(3) In section 32(1) and (2), replace “unregistered geographical indication ” with
“unregistered New Zealand or unregistered foreign geographical indication ” in
each place.
58 Sections 33 to 35A and cross-headings repealed
Repeal sections 33 to 35A and the cross-headings above sections 33 and 34.
59 Section 36 amended (Interested person may apply for registration of
geographical indication)
(1) In the heading to section 36, replace “geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 36, replace “geographical indication ” with “New Zealand or foreign
geographical indication”.
60 Section 36A amended (Registrar may amend application to substitute
applicant)
(1) In the heading to section 36A, after “application ”, insert “for registration of
New Zealand or foreign geographical indication ”.
(2) In section 36A(1), replace “geographical indication ” with “New Zealand or
foreign geographical indication”.
(3) In section 36A(2)(b), delete “made under section 57(1)(ea)”.
61 Section 36B amended (Registrar must give public notice of accepted
application)
(1) In the heading to section 36B, after “application ”, insert “for registration of
New Zealand or foreign geographical indication ”.
(2) In section 36B(1), replace “geographical indication ” with “New Zealand or
foreign geographical indication”.
62 Section 36C amended (Interested person may oppose accepted application)
(1) In the heading to section 36C, after “application ”, insert “for registration of
New Zealand or foreign geographical indication ”.
(2) In section 36C, replace “geographical indication ” with “New Zealand or for‐
eign geographical indication”.
63 Section 37 amended (Registrar must deal with application according to
prescribed procedure)
(1) In the heading to section 37, after “application ”, insert “for registration of
New Zealand or foreign geographical indication ”.
(2) In section 37(1), after “application” , insert “for registration of a New Zealand
or foreign geographical indication”.
(3) In section 37(1), delete “made under section 57”.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 63
2564 Section 38 amended (Priority)
In section 38(1), replace “a geographical indication ” with “a New Zealand or
foreign geographical indication”.
65 Sections 39 to 40 repealed
Repeal sections 39 to 40.
66 Section 41 amended (Conditions of use)
(1) In the heading to section 41, after “ use”, insert “ of New Zealand registered or
foreign registered geographical indication ”.
(2) In section 41, replace “a geographical indication ” with “a New Zealand or
foreign geographical indication”.
67 Sections 42 to 44 and cross-heading above section 42 repealed
Repeal sections 42 to 44 and the cross-heading above section 42.
68 New cross-heading above section 45 inserted
Before section 45, insert:
Removals from and alterations to register
69 Section 45 amended (Removal from register)
(1) In the heading to section 45, after “Removal ”, insert “of New Zealand regis‐
tered or foreign registered geographical indication ”.
(2) In section 45(1), replace “The registrar may remove a registered geographical
indication”  with “The Registrar or the court may remove a New Zealand
registered or foreign registered geographical indication”.
(3) In section 45(2) and (4), replace “registered geographical indication ” with
“New Zealand registered or foreign registered geographical indication”.
(4) In section 45(2), replace “his or her” with “the Registrar’s”.
(5) After section 45(2), insert:
(2A) The court may remove a New Zealand registered or foreign registered geo‐
graphical indication under subsection (1) on the application of any interested
person.
(6) In section 45(3), replace “The Registrar” with “The Registrar or the court”.
70 Section 45A amended (Notice of proposed removal)
(1) In the heading to section 45A, after “Notice of proposed removal ”, insert “of
New Zealand registered or foreign registered geographical indication from
register ”.
(2) In section 45A(1),—
(a) replace “his or her” with “the Registrar’s”; andPart 3 s 64European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
26(b) replace “registered geographical indication ” with “New Zealand regis‐
tered or foreign registered geographical indication”.
(3) In section 45A(2), replace “registered geographical indication ” with “New
Zealand registered or foreign registered geographical indication”.
71 Section 46 amended (Alteration of register)
(1) In section 46(1), replace “his or her” with “the Registrar’s”.
(2) In section 46(1), (1A), and (1B), replace “registered geographical indication ”
with “New Zealand registered or foreign registered geographical indication ” in
each place.
(3) In section 46(1C)(b), delete “made under section 57(1)(ea)”.
72 Section 46A amended (Notice of proposed alteration)
(1) In section 46A(1), replace “his or her” with “the Registrar’s”.
(2) In section 46A(1) and (2), replace “registered geographical indication ” with
“New Zealand registered or foreign registered geographical indication ” in each
place.
73 Section 46C amended (Alteration of register concerning certain
inconsistent information)
After section 46C(2), insert:
(2A) Regulations made for the purposes of this section may include procedures,
requirements, and other matters in respect of an alteration.
74 Section 47 amended (Procedure for removal or alteration)
(1) In section 47(1) and (3), replace “registered geographical indication ” with
“New Zealand registered or foreign registered geographical indication”.
(2) In section 47(1), delete “made under section 57”.
75 Section 47A amended (Renewal of registration)
(1) In the heading to section 47A , after “Renewal of registration ”, insert “of New
Zealand registered or foreign registered geographical indication ”.
(2) In section 47A(1), replace “registered geographical indication ” with “New
Zealand registered or foreign registered geographical indication”.
76 Section 47B amended (Notice of pending expiration of registration of
geographical indication)
(1) In the heading to section 47B, replace “geographical indication ” with “New
Zealand or foreign geographical indication ”.
(2) In section 47B(1), replace “geographical indication ” with “New Zealand or
foreign geographical indication” in each place.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 76
27(3) In section 47B(1)(a) and (b) , after “expiration of the ”, insert “registration of
the”.
77 Section 47C amended (Procedure if registration not renewed)
In section 47C(1), replace “geographical indication ” with “New Zealand or
foreign geographical indication”.
78 Section 47D amended (Effect of registered-past expiry date status)
In section 47D(1), replace “A geographical indication ” with “A New Zealand
or foreign geographical indication”.
79 Sections 48 to 52 and cross-heading replaced
Replace sections 48 to 52 and the cross-heading above section 48 with:
Costs
47E Registrar may award costs
(1) The Registrar may, in any proceedings before the Registrar under this Part, —
(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.
47F 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
proceedings as having been abandoned by that party and determine the matter
accordingly.
47G Meaning of proceedings for purposes of sections 47E and 47F
For the purposes of sections 47E and 47F, proceedings  means any procedure
prescribed by the regulations —
(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):Part 3 s 77European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
28(b) for opposition, and determination of opposition, to the removal or alter‐
ation of a registered geographical indication as referred to in section
47(2)(b).
80 Cross-heading above section 53 replaced
Replace the cross-heading above section 53 with:
New Zealand geographical indications committee
81 Section 53 amended (When Registrar may establish geographical
indications committee)
(1) In the heading to section 53, replace “geographical indications ” with “New
Zealand geographical indications ”.
(2) In section 53(1) and (2), replace “geographical indications” with “New Zealand
geographical indications” in each place.
(3) In section 53(1), (2), and (3), replace “geographical indication ” with “New
Zealand geographical indication” in each place.
(4) In section 53(1)(b) and (c), replace “registered geographical indication ” with
“New Zealand registered geographical indication”.
82 Section 54 amended (Membership of committee)
(1) In the heading to section 54, replace “committee ” with “New Zealand geo‐
graphical indications committee ”.
(2) In section 54(1), replace “committee”  with “New Zealand geographical indica‐
tions committee”.
(3) In section 54(2)(a) and (b), replace “his or her” with “their”.
83 Section 55 amended (Discharge of committee or removal of member)
(1) In the heading to section 55, replace “committee ” with “New Zealand geo‐
graphical indications committee ”.
(2) In section 55(1), replace “committee”  with “New Zealand geographical indica‐
tions committee”.
(3) In section 55(2), replace “his or her” with “that person’s”.
84 Section 56 amended (Proceedings of committee)
(1) In the heading to section 56, replace “committee ” with “New Zealand geo‐
graphical indications committee ”.
(2) In section 56(1), replace “a committee ” with “a New Zealand geographical
indications committee”.
85 Sections 57 to 64 and cross-heading replaced
Replace sections 57 to 64 and the cross-heading above section 57 with:2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
29Part 4
EU FTA geographical indications
Registration
57 Registration of EU FTA geographical indication
(1) The Secretary of Foreign Affairs and Trade must, in writing, notify the
Registrar —
(a) if, in accordance with the EU FTA, a geographical indication has been
listed or changed in Section A of Annex 18-B of the EU FTA (the
Annex ); and
(b) if so, whether a New Zealand registered or foreign registered geograph‐
ical indication must be altered to enable the geographical indication to
be registered in accordance with section 72 (if the listing or change is in
respect of a homonymous or partially homonymous EU FTA geograph‐
ical indication).
(2) The notification must be made as soon as practicable after the listing or change
is made in the Annex.
(3) The Registrar must then —
(a) register the EU FTA geographical indication by entering it in the register
as soon as practicable after receiving the notification under subsection
(1)(a); and
(b) alter the register to include conditions in respect of a New Zealand
registered or foreign registered geographical indication if the Registrar is
notified under subsection (1) (b) (and those conditions apply immediately
after they are added to the register).
(4) However, the Registrar must not register or change an EU FTA geographical
indication unless the requirements in section 58 have been complied with.
(5) All conditions set out in the Annex relating to a homonymous or partially
homonymous EU FTA geographical indication apply to the geographical indi‐
cation if it is registered or changed under this section (and those conditions
apply immediately after the listing or change is made in the Annex).
(6) The Registrar is entitled to rely on a certificate from the Secretary of Foreign
Affairs and Trade as to whether a listing or change of an EU FTA geographical
indication in the Annex is in accordance with the EU FTA.
(7) In this section and section 58, change , in respect of an EU FTA geographical
indication, means a change to the name of an EU FTA geographical indication
or the product class to which it relates.Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
3058 Examination and opposition requirements before registration of EU FTA
geographical indication
(1) The Secretary of Foreign Affairs and Trade must, in writing, notify the
Registrar if the EU requests, in accordance with the EU FTA, that New Zealand
register a geographical indication or change the registration of an EU FTA
registered geographical indication.
(2) The Registrar must —
(a) give public notice of the proposed registration, or change to the registra‐
tion, of the geographical indication —
(i) in accordance with requirements in regulations about the informa‐
tion that must be included; and
(ii) in the form, manner, and frequency that the Registrar thinks
appropriate; and
(b) give interested persons an opportunity, in accordance with the oppos‐
ition procedure in regulations, to oppose the registration or change to
registration on the basis that there is a ground to refuse to register the
geographical indication or change the registration under any of sections
62 to 69 and 71; and
(c) examine, in accordance with the examination procedure in regulations,
whether there is any ground to refuse to register the geographical indica‐
tion or change the registration under any of sections 62 to 69 and 71.
(3) The Registrar must, after complying with the requirements in subsection (2)
with respect to a proposed registration or change to registration, determine —
(a) that there are no grounds to refuse the registration or change to registra‐
tion under any of sections 62 to 69 and 71; or
(b) that there is a ground under any of sections 65 to 69  to refuse the
registration or change to registration, but it is permitted under section 70;
or
(c) that there is a ground under section 71 to refuse the registration or
change to registration, but it is permitted under section 72; or
(d) that there is a ground under any of sections 62 to 69 and 71  to refuse
the registration or change to registration, and it is not permitted under
section 70 or 72 (as the case requires).
(4) If the Registrar determines that a homonymous or partially homonymous EU
FTA geographical indication may be registered in accordance with section 72 ,
the Registrar must also determine whether —
(a) the EU FTA geographical indication may be registered with conditions
and, if so, what those conditions may be; and2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
31(b) the register in respect of an earlier registered New Zealand or foreign
geographical indication may be altered by adding conditions and, if so,
what those conditions may be.
(5) The Registrar must notify the Secretary of Foreign Affairs and Trade, in
writing, of the Registrar’s determinations under subsections (3) and (4), includ‐
ing,—
(a) for a refusal to register an EU FTA geographical indication, the ground
or grounds for refusal; and
(b) if the Registrar decides that an EU FTA geographical indication may be
registered under section 70, the reasons for the Registrar’s decision; and
(c) if the Registrar determines that a homonymous or partially homonymous
EU FTA geographical indication may be registered under section 72 , the
conditions, if any, that may be imposed —
(i) on the registration of the EU FTA geographical indication and the
reasons for those conditions; and
(ii) on the registration of the earlier registered geographical indication
and the reasons for those conditions.
(6) The Registrar must also give public notice of the information provided under
subsection (5), in the format and manner that the Registrar thinks appropriate.
Compare: EU FTA art 18.33.2, 18.40.2(b), (c)
59 Date of registration of EU FTA geographical indications
The date of registration of an EU FTA geographical indication registered or
changed under section 57 is deemed to be the date on which the Registrar gives
public notice of the proposed registration or change to the registration (as the
case requires) under section 58(2)(a).
Compare: EU FTA art 18.35
Duration of registration and removal from register
60 Duration of registration of EU FTA geographical indications
An EU FTA registered geographical indication remains registered unless it is
removed from the register under section 61.
Compare: EU FTA art 18.34.2, 18.39.4
61 Removal of EU FTA geographical indication from register
(1) The Secretary of Foreign Affairs and Trade must, in writing, notify the
Registrar that an EU FTA geographical indication has been removed from
Section A of Annex 18-B of the EU FTA as soon as practicable after the
removal.Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
32(2) The Registrar must then remove the EU FTA geographical indication from the
register as soon as practicable after receiving the notification.
Compare: EU FTA art 18.34.3, 18.39.4
Restrictions on registration
62 No registration of EU FTA geographical indication if common name for
good
The Registrar must not register an EU FTA geographical indication if it is a
term customary in common language as the common name in New Zealand for
the good to which the geographical indication relates.
Compare: EU FTA art 18.33.3(c)
63 No registration of EU FTA geographical indication if name of plant variety
or animal breed
The Registrar must not register an EU FTA geographical indication if it is a
term that is used in New Zealand as the name of a plant variety or an animal
breed and as a result is likely to mislead consumers as to the true origin of the
good.
Compare: EU FTA art 18.33.3(d)
64 No registration of EU FTA geographical indication if likely to be offensive
The Registrar must not register an EU FTA geographical indication if its use in
relation to goods or its registration would, in the opinion of the Registrar, be
likely to offend a significant section of the community, including Māori.
Compare: EU FTA art 18.33.3(f)
65 No registration of EU FTA geographical indication if identical to trade
mark for identical goods
(1) The Registrar must not register an EU FTA geographical indication if it is
identical to a trade mark and the trade mark is registered in New Zealand in
respect of identical goods.
(2) The Registrar must not register an EU FTA 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; 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 public notice of the proposed registration of
the geographical indication under section 58(2)(a).2024 No 10European Union Free Trade Agreement Legislation
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33(3) The Registrar must not register an EU FTA 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.
Compare: EU FTA art 18.33.3(a)
66 No registration of EU FTA geographical indication if identical to trade
mark for similar goods
(1) The Registrar must not register an EU FTA 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;
and
(c) its use is likely to deceive or confuse.
(2) The Registrar must not register an EU FTA 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; 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 public notice of the proposed registration of
the geographical indication under section 58(2)(a); and
(d) its use is likely to deceive or confuse.
(3) The Registrar must not register an EU FTA 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; and
(c) its use is likely to deceive or confuse.
Compare: EU FTA art 18.33.3(a)
67 No registration of EU FTA geographical indication if similar to trade
mark for identical goods
(1) The Registrar must not register an EU FTA geographical indication if —
(a) it is similar to a trade mark; and
(b) the trade mark is registered in New Zealand in respect of identical
goods; and
(c) its use is likely to deceive or confuse.
(2) The Registrar must not register an EU FTA 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; andPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
34(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 public notice of the proposed registration of
the geographical indication under section 58(2)(a); and
(d) its use is likely to deceive or confuse.
(3) The Registrar must not register an EU FTA 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; and
(c) its use is likely to deceive or confuse.
Compare: EU FTA art 18.33.3(a)
68 No registration of EU FTA geographical indication if similar to trade
mark for similar goods
(1) The Registrar must not register an EU FTA 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;
and
(c) its use is likely to deceive or confuse.
(2) The Registrar must not register an EU FTA 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; 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 public notice of the proposed registration of
the geographical indication under section 58(2)(a); and
(d) its use is likely to deceive or confuse.
(3) The Registrar must not register an EU FTA 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 similar goods; and
(c) its use is likely to deceive or confuse.
Compare: EU FTA art 18.33.3(a)
69 No registration of EU FTA geographical indication if identical or similar
to well-known trade mark that indicates connection
The Registrar must not register an EU FTA geographical indication if —2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
35(a) it is identical or similar to a trade mark that is well known in New
Zealand; and
(b) the trade mark is registered in New Zealand in respect of goods that
are neither identical nor similar to the good to which the EU FTA
geographical indication relates; and
(c) the use of the geographical indication in respect of a good is likely to
indicate a connection to the owner of the trade mark; and
(d) the interests of the trade mark owner are likely to be damaged by the use
of the geographical indication; and
(e) the trade mark’s deemed date of registration (as defined in section 5
of the Trade Marks Act 2002) is earlier than the public notice of the pro‐
posed registration of the geographical indication under section 58(2)(a).
Compare: EU FTA art 18.33.3(b)
70 When restrictions in sections 65 to 69 do not apply
(1) The restrictions in sections 65 to 69  do not apply, and the Registrar may
register an EU FTA 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
parties:
(d) any other relevant factors.
Registration of homonymous EU FTA geographical indication
71 Registrar may register homonymous or partially homonymous EU FTA
geographical indication
(1) The Registrar must not register an EU FTA geographical indication if it is
a homonymous or partially homonymous EU FTA geographical indication
except in accordance with section 72.
(2) In this Act, homonymous or partially homonymous EU FTA geographical
indication  means —Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
36(a) an EU FTA geographical indication for a wine that consists of or
includes the same spelling, or sounds the same in whole or part, as a
word or term that is part of —
(i) a New Zealand registered or foreign registered geographical indi‐
cation for a wine having a different geographical origin; or
(ii) a New Zealand or foreign geographical indication for a wine
having a different geographical origin for which an application for
registration under section 36 has been made; or
(b) an EU FTA geographical indication for a spirit that consists of or
includes the same spelling, or sounds the same in whole or part, as a
word or term that is part of —
(i) a New Zealand registered or foreign registered geographical indi‐
cation for a spirit having a different geographical origin; or
(ii) a New Zealand or foreign geographical indication for a spirit
having a different geographical origin for which an application for
registration under section 36 has been made.
Compare: EU FTA art 18.33.3(e)
72 Registrar may impose conditions when registering homonymous or
partially homonymous EU FTA geographical indication
(1) The Registrar may register a homonymous or partially homonymous EU FTA
geographical indication with conditions, or alter the register to include condi‐
tions for the use of the earlier registered geographical indication (in the case
of a New Zealand registered or foreign 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 goods to which
the geographical indications relate; and
(b) the need to ensure that consumers are not misled.
Compare: EU FTA art 18.39
Restriction on use
73 Restriction on use of EU FTA registered geographical indication
(1) A person must not, in trade, use an EU FTA registered geographical indication
in relation to a good that falls within the product class for which the EU
FTA registered geographical indication is registered, unless the good meets the
product specification of the EU FTA registered geographical indication.
(2) Subsection (1) applies even if —
(a) the true place of origin of the good is indicated; or2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
37(b) the EU FTA registered geographical indication is used in translation
or transliteration (whether or not the transliteration is specified on the
register); or
(c) the use of the EU FTA registered geographical indication is accompan‐
ied by any of the words “kind ”, “type ”, “style ”, “imitation ”, or any
similar word or expression.
(3) Despite subsection (2)(b), the restriction in subsection (1) does not apply to a
translated term if evidence is provided that shows there is no link between the
geographical indication and the translated term.
(4) In this section, —
product class  means a product class from Annex 18-A of the EU FTA
product specification  means the requirements approved by the EU for using a
geographical indication for marketing a particular product, including (without
limitation) —
(a) the name protected as a geographical indication in respect of the product;
and
(b) a description of the product; and
(c) the specific geographical area to which the geographical indication
relates; and
(d) a description of the method of making the product to which the geo‐
graphical indication relates; and
(e) the authority or body responsible for verifying compliance with the
product specification.
Compare: EU FTA art 18.32.2(b), (c), 18.34.1(a)
When restriction on use does not apply
74 EU FTA geographical indication no longer protected in country of origin
The restriction on the use of an EU FTA registered geographical indication in
section 73 ceases to apply from the date on which the geographical indication
ceases to be protected in its country of origin.
Compare: EU FTA art 18.34.2, 18.34.3
75 Person’s name or common English word
(1) The restriction on the use of an EU FTA registered geographical indication in
section 73 does not affect the right of any person to use, in the course of trade,
that person’s name or the name of the person’s predecessor in business, except
if the name is used in such a manner as to mislead the public.
(2) The restriction on the use of an EU FTA registered geographical indication in
section 73 does not apply to any word, or a translation or transliteration of any
word, contained in an EU FTA registered geographical indication if that word,Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
38translation, or transliteration is a common English word such as “mountain ”,
“alps ”, or “river ”.
Compare: EU FTA art 18.34.4, 18.34.7
76 Customary or common name
(1) The restriction on the use of an EU FTA registered geographical indication in
section 73  does not apply with respect to a good if the geographical indication
is identical or similar to —
(a) the name of a plant variety or an animal breed that has become the
customary name of the plant variety or animal breed and as a result is
likely to mislead the consumer as to the true origin of the good; or
(b) a term that has become customary in common language as the common
name for the good in New Zealand.
(2) When determining whether a name or term has become a customary or com‐
mon name for the purposes of subsection (1), only use of the name or term on
and after the applicable date is relevant.
(3) In this section, applicable date  means —
(a) the deemed date of registration under section 59, for an EU FTA geo‐
graphical indication registered under section 57; or
(b) the deemed date of registration under clause 2(2) of Schedule 1, for an
EU FTA geographical indication registered under that clause that is not
subject to a transitional period under Section A of Annex 18-B of the EU
FTA; or
(c) the day after the end of the transitional period set out in Section A of
Annex 18-B of the EU FTA, for a geographical indication registered
under clause 2 of Schedule 1  that is subject to a transitional period under
Section A of Annex 18-B of the EU FTA.
Compare: EU FTA art 18.34.5
77 Customary or common name for individual word or term
The restriction on the use of an EU FTA registered geographical indication
in section 73  does not apply to any word or term that is part of an EU FTA
registered geographical indication for a good if the word or term is identical or
similar to —
(a) the customary name of a plant variety or an animal breed and as a result
is likely to mislead the consumer as to the true origin of the good; or
(b) a term customary in common language as the common name for the
good in New Zealand.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
39Example
Irish whiskey from Ireland is subject to the restrictions applying to EU FTA geo-
graphical indications, but the restrictions do not apply to the word “whiskey ” when
used in isolation or when combined with words other than “Irish”.
Compare: EU FTA art 18.34.6
78 Goods to be marketed and sold until stocks exhausted
(1) Goods that, on the applicable date, are described and presented in a manner
that does not comply with the restriction on the use of an EU FTA registered
geographical indication in section 73 may be marketed and sold until stocks are
exhausted.
(2) In subsection (1), applicable date  means —
(a) the day before the deemed date of registration under section 59, for an
EU FTA geographical indication registered under section 57; or
(b) the day before the deemed date of registration under clause 2(2) of
Schedule 1 , for an EU FTA geographical indication registered under that
clause that is not subject to a transitional period under Section A of
Annex 18-B of the EU FTA; or
(c) the last day of the transitional period set out in Section A of Annex 18-B
of the EU FTA, for a geographical indication registered under clause 2
of Schedule 1 that is subject to a transitional period under Section A of
Annex 18-B of the EU FTA.
Compare: EU FTA art 18.39.5
Part 5
Enforcement
79 Interpretation
In this Part, unless the context otherwise requires, —
GI officer  means an officer appointed under section 80
infringing good  is a good that bears, or a good the packaging of which bears, a
registered geographical indication contrary to a restriction on use
infringing material  means material that bears a registered geographical indi‐
cation and is —
(a) used for labelling or packaging goods, as a business paper, or for adver‐
tising goods, in a way that is contrary to a restriction on use; or
(b) intended to be used in a way that is contrary to a restriction on use
infringing object  means an object that is —
(a) specifically designed or adapted for making copies of a geographical
indication; andPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
40(b) in the possession, custody, or control of a person who knows or has
reason to believe that the object has been or is to be used to produce
infringing goods or infringing material
issuing officer  has the same meaning as in section 3(1) of the Search and
Surveillance Act 2012
relevant good  means a good of a kind to which a registered geographical
indication may relate
restriction on use  means a restriction on the use of a registered geographical
indication under any of sections 21 to 24 or section 73
written or in writing  means printed, typewritten, or otherwise visibly repre‐
sented, copied, or reproduced, including by fax, email, or other electronic
means.
Subpart 1 —GI officers
80 Appointment of GI officers
(1) The chief executive may appoint persons as GI officers for the purposes of this
Act.
(2) Persons appointed under subsection (1) must be employed under the Public
Service Act 2020.
(3) A GI officer’s appointment document may authorise the officer to perform all
the functions and duties, and exercise all the powers, that this Act confers on
GI officers.
(4) Alternatively, the GI officer’s appointment document may specify the particu‐
lar functions and duties that the officer may perform and the particular powers
that the officer may exercise.
(5) The chief executive may impose written conditions on the appointment of a GI
officer.
(6) GI officers must not delegate any of their functions, duties, or powers.
Compare: 2014 No 32 s 276
81 Suspension or cancellation of appointment of GI officer
(1) The chief executive may decide to suspend a person’s appointment as a GI
officer.
(2) The chief executive must give the person a written notice that —
(a) states that the person’s appointment is suspended; and
(b) states one of the following:
(i) what the period of the suspension is:
(ii) that the suspension is for an indefinite period; and
(c) states the reason for the suspension; and2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
41(d) states that the person may apply for a review of the decision under
section 82.
(3) The chief executive may decide to cancel a person’s appointment as a GI
officer.
(4) The chief executive must give the person a written notice that —
(a) states that the person’s appointment is cancelled; and
(b) states when the cancellation takes effect; and
(c) states the reason for the cancellation; and
(d) states that the person has the right to seek a review of the decision under
section 82.
Compare: 2014 No 32 s 277
82 Right of review of decision to suspend or cancel appointment of GI officer
(1) A person dissatisfied with a decision described in section 81(1) or (3)  may
apply to have it reviewed.
(2) An application for a review must —
(a) be written; and
(b) state the grounds on which it is made; and
(c) be provided to the chief executive within 20 working days after the
applicant is notified of the decision.
(3) Schedule 2 applies to the review of (and further appeals in relation to) a
decision to suspend or cancel the appointment of a GI officer.
Compare: 2014 No 32 ss 355(1), 356(1), (2), 357
83 Chief executive may give general directions on functions, duties, or powers
(1) The chief executive may give a direction to any GI officer individually or to GI
officers as a class.
(2) The direction must be about the performance of the officer’s functions or
duties, or the exercise of the officer’s powers, under this Act and may, without
limitation, include instructions or requirements relating to the performance of
specific tasks.
(3) An officer to whom a direction is given under this section must ensure that it is
complied with.
(4) However, an action taken by an officer to whom a direction is given under this
section is not invalid by reason only of a failure of that officer to comply with
the direction.
Compare: 2014 No 32 s 278Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
4284 Functions, duties, and powers of GI officer may be performed or exercised
by chief executive
The chief executive may perform or exercise the functions, duties, and powers
of a GI officer under this Act.
Subpart 2 —Enforcement powers
85 GI officer may require information about relevant goods
(1) This section applies if a GI officer reasonably suspects that a person has
any information that the GI officer considers is necessary for the purpose of
determining whether there has been a breach of a restriction on use.
(2) Information referred to in subsection (1) includes, without limitation, informa‐
tion about —
(a) where, how, and when a relevant good is manufactured; or
(b) the source of ingredients used in a relevant good; or
(c) the marketing and distribution channels used for a relevant good.
(3) The GI officer may —
(a) require the person to produce the information to the GI officer or the
chief executive; and
(b) copy the information.
(4) A copy made under subsection (3) and certified by the GI officer or the chief
executive as a true and correct copy is presumed to be a true and correct copy,
until the contrary is proved.
(5) Subpart 5 of Part 4 of the Search and Surveillance Act 2012 (privilege and
confidentiality) applies to requirements made, and the copying of information,
under this section.
Compare: 2014 No 32 s 292
86 Person assisting GI officer
A person whom a GI officer requests to assist under this subpart must act under
the supervision of, and as instructed by, the officer.
Compare: 2014 No 32 s 297(2)(a)
87 Other powers of GI officer
(1) A GI officer may ask about a document relating to the applicable requirements
of this Act.
(2) A GI officer may require a person engaged in trade in a relevant good to
state—
(a) the person’s full name and full address; and
(b) the person’s email address; and2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
43(c) the person’s telephone numbers; and
(d) the person’s date of birth; and
(e) the person’s occupation; and
(f) the full name and full address of the person from whom a relevant good
was obtained, if that person is known; and
(g) whether the person is employed or self-employed, and (if an employee)
the name of the person’s employer.
(3) Subsection (4) applies if a GI officer believes on reasonable grounds that a
person engaging in trade is breaching, or has breached, a restriction on use.
(4) A GI officer may at any reasonable time —
(a) question the person or any other person; and
(b) require the person being questioned to provide an answer, including any
explanation or information concerning any relevant good or any place,
record, document, or thing relating to trade in any relevant good.
(5) Subpart 5 of Part 4 of the Search and Surveillance Act 2012 (privilege and con‐
fidentiality) applies to any information or document required to be produced
under this section.
Compare: 2014 No 32 s 308(1), (2), (4) –(6)
Power of entry and inspection
88 Power of entry and inspection
(1) For the purpose of determining whether the applicable requirements of this Act
have been, or are being, complied with, a GI officer may at any reasonable time
enter and inspect a place described in subsection (2) ( place A ) without a search
warrant.
(2) The places are —
(a) a place where a relevant good is traded:
(b) a place where the officer reasonably believes documents relating to
trading in a relevant good will be found:
(c) any other place where the officer reasonably believes that —
(i) a relevant good is held for the purposes of trade; or
(ii) a relevant good is being traded in.
(3) The power in subsection (1) may be exercised only with the consent of the
occupier of place A given after the GI officer has informed the occupier —
(a) of the purpose of the entry and inspection; and
(b) that the occupier may refuse to give consent to the entry and inspection;
and
(c) that the occupier may revoke their consent at any time; andPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
44(d) that any thing seized during the inspection may be used in evidence in
proceedings.
(4) Subsection (3) does not apply if —
(a) place A is in a public place and the entry is made when place A is open
to the public; or
(b) place A is a place of business and the entry is made —
(i) when it is open for carrying on business; and
(ii) only to those parts of it that are open to the public.
(5) For the purpose of this section, —
place —
(a) includes (without limitation) —
(i) a structure or tent, whether fully or partly erected; and
(ii) a stand or stall; and
(iii) a vehicle; and
(iv) a caravan, trailer, or other conveyance; but
(b) does not include a private dwelling house or marae
public place  means a place that is open to or being used by the public, with or
without payment by the public of a charge.
(6) For the purposes of this section, any person who appears to be under 14 years
of age must not be treated as the occupier.
Compare: 2002 No 49 s 134D
89 What GI officer and person assisting may do when exercising power of
entry and inspection
(1) The power of entry and inspection conferred by section 88 authorises a GI
officer to do any of the following:
(a) examine the place and all things, including any document:
(b) seize any thing that the officer has reasonable grounds to believe is
evidence of, or of significant relevance to the investigation of, a breach
of a restriction on use:
(c) bring and use in or on the place equipment for the purposes of carrying
out the inspection:
(d) take photographs or sound or video recordings of the place, and of
any thing found in that place, if the GI officer has reasonable grounds
to believe that the photographs or sound or video recordings may be
relevant in any proceedings (including future proceedings) related to the
entry and inspection:
(e) copy the whole or part of anything the GI officer has reasonable grounds
to believe is infringing material:2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
45(f) take any person to the place to assist the officer with the inspection.
(2) The power under subsection (1)(b) does not extend to removing any item
merely to remove an infringing good, or a good that a GI officer suspects is an
infringing good, from sale.
(3) A person who assists a GI officer exercising the power of entry and inspection
may, under the direction of the GI officer, —
(a) exercise any of the powers described in subsection (1)(a), (c), (d), and
(e); and
(b) seize any thing that the GI officer determines may lawfully be seized.
(4) If a GI officer enters and inspects a place in circumstances to which section
88(3)  applies and the occupier revokes their consent, —
(a) the GI officer and any person assisting the GI officer must immediately
stop the inspection and leave the place; but
(b) before leaving the place, the GI officer may seize any thing already
identified by the officer before the revocation of consent as a thing
that the officer has reasonable grounds to believe is evidence of, or of
significant relevance to the investigation of, an offence under this Act.
(5) Sections 131 to 135 and subparts 5 and 6 of Part 4 of the Search and Surveil‐
lance Act 2012 apply to anything done under this section.
Compare: 2002 No 49 s 134E
Search warrants
90 Application for search warrant
(1) The following provisions of the Search and Surveillance Act 2012 apply in
relation to applications for a search warrant:
(a) section 98 (application for search warrant):
(b) section 99 (application must be verified):
(c) section 100 (mode of application for search warrant).
(2) A GI officer may apply to an issuing officer for a search warrant.
Compare: 2014 No 32 s 322
91 Issue of search warrant
(1) This section applies if an issuing officer reasonably believes that there is, at a
place, any thing —
(a) in relation to which a breach of a restriction on use is or has been
occurring; or
(b) that has been, is being, or is intended to be used by a person in connec‐
tion with a breach of a restriction on use; or
(c) that is evidence of a breach of a restriction on use.Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
46(2) The issuing officer may issue a search warrant for a place.
(3) Sections 102 to 105 and 107 and subpart 5 of Part 4 of the Search and
Surveillance Act 2012 apply.
Compare: 2014 No 32 ss 323, 325
92 Powers under search warrant
(1) This section applies to a GI officer who is authorised by a search warrant to
exercise powers at a place.
(2) Any exercise of the powers at a marae or a building associated with a marae
must take account of the kawa of the marae so far as practicable in the circum‐
stances.
(3) Section 110 of the Search and Surveillance Act 2012 applies.
Compare: 2014 No 32 s 326
93 Carrying out search powers
Sections 106, 111 to 114, 115(1)(b) and (3), 116, 117, 120 to 130, 131(1) to (6),
and 132 to 135 of the Search and Surveillance Act 2012 apply.
Compare: 2014 No 32 s 327
94 Disposal of property seized under search warrant
Subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012
apply.
Compare: 2014 No 32 s 328
95 Retention of documents
Section 101 of the Search and Surveillance Act 2012 applies to a copy
(whether in electronic form or otherwise) of every written application for a
search warrant or (in the case of an oral application) the record of the applica‐
tion made by the issuing officer.
Compare: 2014 No 32 s 329
Notices of direction
96 GI officer may give notice of direction
(1) A GI officer may give a notice to a person under this section (a notice of
direction ) if satisfied on reasonable grounds that the person has breached a
restriction on use.
(2) The notice of direction must —
(a) identify the relevant registered geographical indication and the good that
is, or goods that are, alleged to breach a restriction on use; and2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
47(b) require the person, within a specified time that is reasonable in the
circumstances, to cease further use of the registered geographical indica‐
tion; and
(c) require the person to withdraw from trade the good that is, or goods that
are, alleged to breach a restriction on use; and
(d) state the right of the person to —
(i) request an extension of time under subsection (4); and
(ii) apply for a review of the notice of direction under section 99; and
(e) specify the consequences of not complying with the notice.
(3) The notice may, —
(a) if the GI officer thinks it appropriate, require the person, in a manner
and within a period specified in the notice and at the person’s own
expense, to arrange for the withdrawal from trade of any good that is, or
goods that are, alleged to breach a restriction on use that the person has
supplied to any other person for retail sale:
(b) specify any other reasonable requirements or conditions that the person
must comply with.
(4) A GI officer may extend the specified time stated in the notice under subsec‐
tion (2)(b) if requested by the person to whom the notice was issued within 15
working days after the date on which the notice of direction was served.
(5) No requirement under subsection (2)(c) or (3)(a) applies in respect of goods
that, on the date on which the notice is served, have already been sold to a
consumer.
97 Service of notice of direction
(1) The GI officer must ensure that the notice of direction is served on the person
to whom it is given.
(2) The notice of direction may be served by —
(a) delivering it to the person; or
(b) leaving it at the person’s usual or last known place of residence or
business; or
(c) posting it by letter addressed to the person at that place of residence or
business or at that address; or
(d) emailing it to the person at an email address that is used by the person.
(3) If the notice is required to be served on a body corporate, the notice may be
served —
(a) on a director or an officer of the body corporate in a manner specified in
subsection (2); orPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
48(b) by delivering it to the body corporate’s head office, principal place of
business or work, or registered office.
(4) If the notice is required to be served on an association or body of persons, —
(a) the notice may be served in a manner specified in subsection (2) on the
secretary, executive officer, manager, or other officer holding a similar
position in the association or body; and
(b) service on the association or body must, unless otherwise directed by the
GI officer or stated in the notice, be treated as service on all persons who
are members of the association or body, or who are represented on the
association or body by those members.
(5) If a notice is sent to a person by a service that records delivery, then, —
(a) unless the contrary is proved, the notice must be treated as having
been delivered to the person when it would have been delivered in the
ordinary course of business for that service; and
(b) in proving the delivery, it is sufficient to prove that the notice was
properly addressed and provided to the service.
(6) A notice given to a person by electronic means is treated as having been
received by the person not later than 5 working days after the date on which it
was sent, unless the person proves that —
(a) the person did not receive it; and
(b) the non-receipt was not the person’s fault.
(7) Subsection (6) does not apply if the electronic system for processing the elec‐
tronic communication has sent to the sender an automatic message to the effect
that the notice has not been received by the recipient.
Compare: 1986 No 121 s 47I; 2014 No 32 s 378
98 GI officer may amend or cancel notice of direction
(1) A notice of direction may be amended or cancelled at any time by any GI
officer.
(2) The power in subsection (1) is subject to any decision under section 99(8).
99 Review of notice of direction
(1) A person to whom a notice of direction is given may apply to the chief
executive for a review of the notice.
(2) An application for a review must —
(a) be written; and
(b) state the grounds on which it is made; and
(c) contain or be accompanied by relevant information to support the
grounds on which it is made; and2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
49(d) be provided to the chief executive within 20 working days after the
notice of direction is served, or any longer period allowed by the chief
executive.
(3) The chief executive must review the notice within 20 working days after the
date on which the chief executive receives the application.
(4) The chief executive may give the applicant a notice in writing requiring the
applicant to supply information additional to that contained in the application
within a time specified by the chief executive.
(5) The time limit specified in subsection (3) does not include —
(a) the time the applicant takes to supply information under subsection (4);
or
(b) the time allowed for the applicant to supply the information, if the
applicant does not supply it.
(6) The chief executive must —
(a) give the applicant a notice in writing of the time within which submis‐
sions on the review may be made; and
(b) consider any submissions by the applicant.
(7) The review is by way of a rehearing.
(8) The chief executive may confirm, amend, cancel, or replace the notice of
direction.
(9) The chief executive must, as soon as practicable, give the applicant a notice in
writing of —
(a) the decision on the review; and
(b) the reasons for the decision on the review.
Compare: 2014 No 32 s 358
100 Appeal against decision on review of notice of direction
Clauses 3 to 7 of Schedule 2 apply to a decision under section 99.
Information sharing
101 Application of section 102
(1) Section 102  applies to —
(a) the information described in subsection (2); and
(b) the agencies described in subsection (3).
(2) The information is —
(a) personal information as defined in the Privacy Act 2020; andPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
50(b) information about a business engaging in trade in a relevant good that
includes, to avoid doubt, confidential information or commercially sensi‐
tive information, or both.
(3) The agencies are those that perform functions under, or administer, the whole
or any part of this Act or the following Acts:
(a) Fair Trading Act 1986:
(b) New Zealand Horticulture Export Authority Act 1987:
(c) Weights and Measures Act 1987:
(d) Biosecurity Act 1993:
(e) Agricultural Compounds and Veterinary Medicines Act 1997:
(f) Animal Products Act 1999:
(g) Animal Welfare Act 1999:
(h) Dairy Industry Restructuring Act 2001:
(i) Trade Marks Act 2002:
(j) Wine Act 2003:
(k) National Animal Identification and Tracing Act 2012:
(l) Sale and Supply of Alcohol Act 2012:
(m) Food Act 2014:
(n) Customs and Excise Act 2018:
(o) Organic Products and Production Act 2023:
(p) any other Act enacted in substitution for any of the Acts specified in
paragraphs (a) to (o).
Compare: 2014 No 32 s 368
102 Disclosure of information
(1) An agency to which this section applies may disclose information to which this
section applies if the agency reasonably believes that subsections (2) and (3)
are satisfied.
(2) The disclosure must be only of information supplied or obtained —
(a) under or for the purposes of this Act that is necessary or desirable
to promote the enforcement of other legislation referred to in section
101(3); or
(b) under or for the purposes of legislation (other than this Act) referred
to in section 101(3) that is necessary or desirable to promote the enforce‐
ment of this Act.
(3) Despite subsections (1) and (2), the only information supplied or obtained
under the Trade Marks Act 2002 that may be disclosed under this section is2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
51information relevant to the investigation of a breach or potential breach of
sections 120 to 124 of that Act.
(4) The agency that discloses the information must make and keep a record of —
(a) the information that was disclosed; and
(b) the agency to which it was disclosed; and
(c) any conditions subject to which it was disclosed.
Compare: 2014 No 32 s 369
103 Disclosure of information outside New Zealand
(1) The chief executive may disclose information to an overseas person under this
section.
(2) The information that may be disclosed is —
(a) personal information, as defined in the Privacy Act 2020, that is supplied
or obtained under or for the purposes of this Act; and
(b) information about a business engaging in trade in a relevant good that
includes, to avoid doubt, confidential information or commercially sensi‐
tive information, or both.
(3) The disclosure may be made only if section 104 is satisfied.
Compare: 2014 No 32 s 370
104 Disclosure of information outside New Zealand must be under agreement
(1) The chief executive may disclose information under section 103 under an
agreement that is made between the chief executive and the overseas person.
(2) Before making an agreement, the chief executive —
(a) must consult the Privacy Commissioner; and
(b) must be satisfied that the agreement is necessary —
(i) to help investigate, prevent, identify, or respond to non-compli‐
ance with this Act or the relevant law in the overseas country; or
(ii) to respond to a difficulty arising in the course of trade between
New Zealand and the overseas country involving or related to
goods with registered geographical indications.
(3) The agreement —
(a) must be in writing; and
(b) must state the criteria for the disclosure of information under it to the
overseas person; and
(c) must state the use that the overseas person may make of the information
disclosed; and
(d) must state whether the overseas person may disclose the information
disclosed to any other person; andPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
52(e) if the overseas person may disclose any of the information disclosed to
any other person, must state —
(i) the persons to whom the overseas person may disclose it; and
(ii) the extent to which the overseas person may disclose it; and
(iii) the conditions subject to which the overseas person may disclose
it; and
(f) may state —
(i) the form in which the information may be disclosed; and
(ii) the method by which the information may be disclosed.
Compare: 2014 No 32 s 371
105 Privacy Commissioner may request review of agreement
(1) The Privacy Commissioner may require the chief executive to review an agree‐
ment and the arrangements for disclosure under it.
(2) The Privacy Commissioner may make the requirement at intervals of at least
12 months.
(3) The chief executive must —
(a) conduct the review; and
(b) as soon as practicable after doing so, report the result to the Privacy
Commissioner.
Compare: 2014 No 32 s 372
Subpart 3 —Civil remedies and offences
Civil proceedings for breach of restriction on use
106 No proceedings for use of unregistered geographical indication
No person may bring proceedings under this Act to prevent, or to recover
damages for, the use of an unregistered geographical indication.
Compare: 2002 No 49 s 99
107 Who may bring proceedings for breach of restriction on use of registered
geographical indication
The following persons may apply to the court for relief for a breach of a
restriction on use in relation to a particular registered geographical indication:
(a) a person with an interest in upholding the restrictions on use of the
registered geographical indication:
(b) the chief executive.
Compare: 2002 No 49 s 1012024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
53108 Time for bringing proceedings
(1) An application under section 107 may be made only if the breach occurred on
or after the deemed date of registration of the geographical indication.
(2) In subsection (1), deemed date of registration  means, —
(a) for a New Zealand registered or foreign registered geographical indica‐
tion, the date referred to in section 9(1); and
(b) for an EU FTA registered geographical indication, the date referred to in
section 59 or clause 2(2) of Schedule 1.
Compare: 2002 No 49 s 100
109 Unjustified proceedings
(1) If a person brings proceedings alleging a breach of a restriction on use in
relation to a particular registered geographical indication, the court may, on the
application of any person against whom the proceedings are brought, —
(a) make a declaration that the bringing of proceedings is unjustified:
(b) make an order for the payment of damages for any loss suffered by the
person against whom the proceedings are brought.
(2) The court must not grant relief under this section if the person who brings the
proceedings proves that the acts in respect of which proceedings are brought
constituted, or would have constituted if they had been done, a breach of a
restriction on use in relation to the particular registered geographical indica‐
tion.
(3) Nothing in this section makes a barrister or solicitor of the High Court of New
Zealand liable to any proceedings under this section in respect of any act done
in that person’s professional capacity on behalf of a client.
Compare: 2002 No 49 s 105
Types of relief in civil proceedings
110 Types of relief available for breach of restriction on use
(1) If an application is made to the court for relief, the relief that the court may
grant includes —
(a) an injunction on any terms that the court thinks fit:
(b) either damages or an account of profits.
(2) If an application is made to the court for relief, the court may grant any
additional damages that the justice of the case requires, having regard to all the
circumstances and, in particular, to —
(a) the flagrancy of the breach; and
(b) any benefit accruing to the defendant by reason of the breach.Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
54(3) If in an application brought by the chief executive the court orders an account
of profits, the order must be made in respect of the Crown.
Compare: 2002 No 49 s 106
111 Order for erasure, etc, of offending geographical indication
(1) If a person has breached a restriction on use, the court may make an order that
requires the person —
(a) to erase, remove, or obliterate the geographical indication from any
infringing goods, infringing material, or infringing object in the person’s
possession, custody, or control; or
(b) if it is not reasonably practicable to erase, remove, or obliterate the geo‐
graphical indication, to destroy the infringing goods, infringing material,
or infringing object.
(2) If an order under subsection (1) is not complied with, or it appears to the court
likely that the order will not be complied with, the court may order that the
infringing goods, infringing material, or infringing object be delivered to any
person whom the court may direct —
(a) to erase, remove, or obliterate the offending geographical indication
from the infringing goods, infringing material, or infringing object; or
(b) if it is not reasonably practicable to erase, remove, or obliterate the
offending geographical indication, to destroy the infringing goods,
infringing material, or infringing object.
Compare: 2002 No 49 s 108
Orders for delivery up in civil proceedings
112 Order for delivery up of infringing goods, infringing material, or
infringing object
(1) The court may order any infringing goods, infringing material, or infringing
object in the possession of any person or before the court to be delivered up to
the plaintiff or any other person that the court thinks fit.
(2) No order may be made under this section unless —
(a) the court makes an order under section 113; or
(b) it appears to the court that there are grounds for making an order under
that section.
(3) A person to whom any infringing goods, infringing material, or infringing
object is delivered up under an order made under this section must, if an order
under section 113  is not made, retain the goods, material, or object pending —
(a) the making of an order under that section; or
(b) the decision not to make an order under that section.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
55(4) Nothing in this section affects any other power of the court.
Compare: 2002 No 49 s 109
113 Order for disposal of infringing goods, infringing material, or infringing
object
An application may be made to the court for an order that the infringing goods,
infringing material, or infringing object delivered up under an order made
under section 112  must be —
(a) forfeited to the plaintiff or any other person that the court thinks fit; or
(b) destroyed or otherwise dealt with as the court thinks fit.
Compare: 2002 No 49 s 110
114 Matters to be considered by court
In considering what order, if any, should be made under section 113 , the court
must consider —
(a) whether other remedies available for the breach of a restriction on use
would be adequate to compensate, or protect the interests of, the plain‐
tiff; and
(b) the need to ensure that —
(i) no infringing goods, infringing material, or infringing objects are
disposed of in a manner that would adversely affect the interests
of the plaintiff or any person with an interest in the goods, mater‐
ial, or objects; and
(ii) no infringing goods, infringing material, or infringing objects are
disposed of in a manner that would breach the restrictions on use
of the registered geographical indication.
Compare: 2002 No 49 s 111
115 Directions for service
The court must issue directions for the service of notice on every person who
has an interest in the infringing goods, infringing material, or infringing object
to which an application under section 113 relates.
Compare: 2002 No 49 s 112
116 Rights of persons with interest in infringing goods, infringing material, or
infringing object
Every person who has an interest in the infringing goods, infringing material,
or infringing object to which an application under section 113  relates is entitled
to—
(a) appear in proceedings for an order under that section, whether or not the
person is served with notice; andPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
56(b) appeal against any order made, whether or not the person appears in the
proceedings.
Compare: 2002 No 49 s 113
117 When order under section 113 takes effect
An order made under section 113  takes effect —
(a) at the end of the period within which notice of an appeal may be given;
or
(b) on the final determination or abandonment of the proceedings on appeal.
Compare: 2002 No 49 s 114
118 Miscellaneous court order if more than 1 person interested in infringing
goods, infringing material, or infringing object
If more than 1 person is interested in the infringing goods, infringing material,
or infringing object to which an application under section 113  relates, the court
may—
(a) direct that the infringing goods, infringing material, or infringing object
be sold, or otherwise dealt with, and the proceeds divided; and
(b) make any other order that it thinks fit.
Compare: 2002 No 49 s 115
119 Position where no order made under section 113
If the court decides that no order should be made under section 113, the
person in whose possession, custody, or control the infringing goods, infringing
material, or infringing objects were before being delivered up is entitled to
their return.
Compare: 2002 No 49 s 116
Infringement offence
120 Infringement offence for failure to comply with notice of direction
(1) This section applies if —
(a) a notice of direction given under section 96 has been served on a person;
and
(b) the chief executive has not been required under section 99  to review the
notice.
(2) The person must comply with the notice of direction within the time specified
in the notice, or any further time allowed under section 96.
(3) A person who contravenes subsection (2) commits an infringement offence and
is liable to —
(a) the infringement fee prescribed in the regulations; or2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
57(b) a fine imposed by a court not exceeding the amount prescribed in the
regulations.
Compare: 2015 No 70 s 78
Procedure for infringement offences
121 Infringement offences
(1) A person who is alleged to have committed an infringement offence may —
(a) be proceeded against by the filing of a charging document under section
14 of the Criminal Procedure Act 2011; or
(b) be issued with an infringement notice under section 122.
(2) Proceedings commenced in the way described in subsection (1)(a) do not
require the leave of a District Court Judge or Registrar under section 21(1) (a)
of the Summary Proceedings Act 1957.
(3) See section 21 of the Summary Proceedings Act 1957 for the procedure that
applies if an infringement notice is issued.
122 When infringement notice may be issued
A GI officer may issue an infringement notice to a person if the officer believes
on reasonable grounds that the person is committing, or has committed, an
infringement offence.
123 Revocation of infringement notice before payment made
(1) A GI officer may revoke an infringement notice before —
(a) the infringement fee is paid; or
(b) an order for payment of a fine is made or deemed to be made by a court
under section 21 of the Summary Proceedings Act 1957.
(2) The GI officer must take reasonable steps to ensure that the person to whom
the notice was issued is made aware of the revocation of the notice.
(3) The revocation of an infringement notice before the infringement fee is paid is
not a bar to any further action as described in section 121(1)(a) or (b) against
the person to whom the notice was issued in respect of the same matter.
124 What infringement notice must contain
An infringement notice must be in the form prescribed in the regulations and
must contain the following particulars:
(a) details of the alleged infringement offence that fairly inform a person of
the nature of the alleged offence, including, to any applicable extent, the
time and place of the alleged offence:
(b) the amount of the infringement fee:
(c) the address of the Ministry:Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
58(d) how the infringement fee may be paid:
(e) the time within which the infringement fee must be paid:
(f) a summary of the provisions of section 21(10) of the Summary Proceed‐
ings Act 1957:
(g) a statement that the person served with the notice has a right to request a
hearing:
(h) a statement of what will happen if the person served with the notice
neither pays the infringement fee nor requests a hearing:
(i) any other matters prescribed in the regulations.
125 How infringement notice may be served
(1) An infringement notice may be served on the person who the GI officer
believes is committing or has committed the infringement offence by —
(a) delivering it to the person or, if the person refuses to accept it, bringing it
to the person’s notice; or
(b) leaving it for the person at the person’s last known place of residence
with another person who appears to be of or over the age of 14 years; or
(c) leaving it for the person at the person’s place of business or work with
another person; or
(d) sending it to the person by prepaid post addressed to the person’s last
known place of residence or place of business or work; or
(e) sending it to an electronic address of the person in any case where the
person does not have a known place of residence or business in New
Zealand.
(2) Unless the contrary is shown, —
(a) an infringement notice (or a copy of it) sent by prepaid post to a person
under subsection (1) is to be treated as having been served on that person
on the fifth working day after the date on which it was posted; and
(b) an infringement notice sent to a valid electronic address is to be treated
as having been served at the time the electronic communication first
entered an information system that is outside the control of the Ministry.
126 Payment of infringement fees
All infringement fees paid for infringement offences must be paid into a Crown
Bank Account designated by the chief executive.
127 Reminder notices
A reminder notice must be in the form prescribed in the regulations and
must include the same particulars, or substantially the same particulars, as the
infringement notice.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
59Other offences
128 Hindering or obstructing GI officer
(1) A person who intentionally hinders or obstructs a GI officer performing a
function or duty, or exercising a power, under this Act commits an offence.
(2) Without limiting what constitutes intentionally hindering or obstructing, inten‐
tionally hindering or obstructing includes failing to allow a GI officer to per‐
form a function or duty or to exercise a power under this Act.
(3) A person who commits an offence against this section is liable on convic‐
tion,—
(a) for an individual, to a fine not exceeding $10,000:
(b) in any other case, to a fine not exceeding $30,000.
Compare: 2014 No 32 s 235
129 Offence involving documents or information
(1) A person commits an offence if the person —
(a) provides a document or information to a GI officer or a person perform‐
ing a function or duty, or exercising a power, under this Act, in purported
compliance with a requirement made under this Act; and
(b) knows the document or information is false or misleading.
(2) A person who commits an offence against this section is liable on convic‐
tion,—
(a) for an individual, to a fine not exceeding $10,000:
(b) in any other case, to a fine not exceeding $30,000.
Compare: 2014 No 32 s 226
Subpart 4 —Border protection measures
Interpretation
130 Interpretation
In this subpart, unless the context otherwise requires, —
accepted notice  means a notice given under section 133 that has been accepted
by the chief executive under section 136
chief executive  has the same meaning as in section 5(1) of the Customs and
Excise Act 2018
claimant  means a person who gives a notice under section 133
control of Customs  is to be read in accordance with the definition of subject to
the control of Customs in section 6 of the Customs and Excise Act 2018
Customs  means the New Zealand Customs ServicePart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
60Customs officer  has the same meaning as in section 5(1) of the Customs and
Excise Act 2018
exporter  has the same meaning as in section 5(1) of the Customs and Excise
Act 2018
importer  has the same meaning as in section 5(1) of the Customs and Excise
Act 2018.
Compare: 2002 No 49 s 135
Detention of suspected infringing goods
131 Detention of suspected infringing goods
(1) Any goods in the control of Customs may be detained in the custody of the
chief executive or a Customs officer if a Customs officer has reasonable cause
to suspect that the goods are infringing goods.
(2) The chief executive must, as soon as is reasonably practicable after the goods
are detained, take reasonable steps to notify the detention to —
(a) the registrant or, if there is no registrant, a person that appears to the
chief executive to be a person with an interest in upholding the restric‐
tions on use of the relevant registered geographical indication (to enable
that person to consider whether to give a notice under section 133); and
(b) the importer or exporter from whom the goods have been detained, if
that person is identified but was not present when the detention took
place.
(3) The detention of any goods under subsection (1) is not rendered illegal by a
failure to serve notice under subsection (2)(a) or (b).
Compare: 2002 No 49 s 135A
132 Release of goods
(1) The goods are no longer detained under section 131(1)  if—
(a) no notice under section 133 is given in respect of the goods within 3
working days after the date on which notice was given under section
131(2)(a); or
(b) a notice under section 133 is given in respect of the goods within 3
working days after the date on which notice was given under section
131(2)(a)  and—
(i) the notice given under section 133 is subsequently accepted under
section 136 and the goods are subsequently detained under section
147; or
(ii) the notice given under section 133 is subsequently declined under
section 136; or2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
61(c) the chief executive considers that it is not reasonably practicable for
notice to be given under section 131(2)(a); or
(d) the chief executive considers that there is no longer a reason to detain the
goods.
(2) The chief executive must release any goods no longer detained under section
131(1) to the person entitled to them.
(3) However, the chief executive may release goods under subsection (2) only if
the goods are not detained under section 147  and if —
(a) every legal requirement as to the importation or exportation of the goods
is satisfied; and
(b) every requirement made under section 135 that requires the deposit of a
security is satisfied; and
(c) the release of the goods is not contrary to law.
Compare: 2002 No 49 s 135B
Notice of infringing goods
133 Notice may be given to chief executive
A person may give a notice in writing to the chief executive that —
(a) claims that they have an interest in upholding the restrictions on use
of a geographical indication that is registered in respect of the goods
specified in the notice; and
(b) requests the chief executive to detain any infringing goods that are in, or
at any time come into, the control of Customs.
Compare: 2002 No 49 s 137
134 Contents of notice
(1) A notice under section 133  must —
(a) contain particulars in support of the request; and
(b) specify the period for which the notice is to be in force; and
(c) be in the form approved by the chief executive (if any); and
(d) include the full name, address, and telephone number of the claimant,
their electronic address for service, and the relevant geographical indica‐
tion and its registration number.
(2) The period referred to in subsection (1)(b) must be —
(a) not longer than 5 years from the date of the notice; or
(b) if the registration of the geographical indication to which the notice
relates will expire within the period of 5 years from the date of the
notice, not longer than the period for which the current registration will
last.Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
62(3) The claimant must provide evidence to the chief executive in support of the
claim that the goods specified in the notice are infringing goods.
(4) The chief executive may direct that the evidence must be provided when the
notice is given or at any later time.
(5) The claimant must give the chief executive written notice of any change in
the particulars contained in the notice or in any evidence or other information
given to the chief executive in support of the request made in the notice.
Compare: 2002 No 49 s 138; SR 2003/187 rr 157, 158
135 Security and indemnity
(1) A claimant must, if required by the chief executive, give security or an indem‐
nity, or both security and an indemnity, for the amount, and on the terms and
conditions, that the chief executive may decide.
(2) The chief executive may direct that the security or indemnity, or both, must be
given when the notice is given or at any later time.
(3) A person to whom goods are to be, or have been, released under section 148
must, if required by the chief executive, give security or an indemnity, or both
security and an indemnity, for the amount, and on the terms and conditions,
that the chief executive may decide.
Compare: SR 2003/187 r 159
136 Chief executive must accept or decline notice
The chief executive must, in relation to any notice given under section 133 ,—
(a) either —
(i) accept the notice if the claimant and the notice given by the
claimant comply with the requirements of this subpart; or
(ii) decline the notice if the claimant or the notice given by the claim‐
ant does not comply with the requirements of this subpart; and
(b) within a reasonable period of receiving the notice, advise the claimant
whether the notice has been accepted or declined.
Compare: 2002 No 49 s 139
137 Chief executive may suspend accepted notice
(1) The chief executive may suspend an accepted notice if the chief executive is
satisfied that —
(a) the information held in respect of the accepted notice is not correct or is
no longer current; or
(b) there has been a failure to comply with a requirement concerning the
giving of security or an indemnity, or both; or
(c) there has been a failure to comply with an obligation under an indemnity
given for an amount in respect of the accepted notice.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
63(2) Before suspending an accepted notice, the chief executive must —
(a) give written advice to the claimant of the chief executive’s intention to
suspend the accepted notice; and
(b) include in or with the advice a statement of the chief executive’s reasons;
and
(c) give the claimant not less than 20 working days to respond; and
(d) consider any response made by the claimant to the chief executive
within the time allowed.
Compare: 2002 No 49 s 139A
138 Notice of suspension
If the chief executive decides to suspend an accepted notice, the chief executive
must give written notice of the suspension to the claimant.
Compare: 2002 No 49 s 139B
139 Chief executive may reinstate accepted notice
The chief executive may reinstate an accepted notice suspended under section
137 if the chief executive is satisfied that the grounds for the suspension no
longer apply.
Compare: 2002 No 49 s 139C
140 Duration of accepted notice
(1) An accepted notice remains in force for the period specified in the notice
unless —
(a) it is revoked by the claimant by notice in writing; or
(b) the court orders, in proceedings under section 151 , that the notice be
discharged; or
(c) the geographical indication to which the notice relates has been removed
from the register.
(2) However, an accepted notice is not in force during the period of any suspension
under section 137.
Compare: 2002 No 49 s 140
Investigation where notice of infringing goods
141 Determination to conduct investigation
The chief executive may conduct an investigation in order to establish whether
the goods appear to be infringing goods to which the notice relates if —
(a) an accepted notice is in force; andPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
64(b) the chief executive considers that any goods that are in the control of
Customs may be goods to which the notice relates.
Compare: 2002 No 49 s 143
142 Claimant to provide information for investigation
For the purpose of an investigation under section 141 , the chief executive
may require the claimant, or any other person appearing to the chief executive
to have an interest in the goods, to provide, within 10 working days, any
information required by the chief executive.
Compare: 2002 No 49 s 144
143 Limitations on requirement to supply information
(1) The chief executive must not require any person to provide any information
under section 142 unless the chief executive considers that the information is
reasonably necessary for the purpose of an investigation under section 141.
(2) Every person who is required to provide information under section 142 has the
same privileges in relation to the giving of the information as witnesses have in
any court.
(3) If a person refuses or fails to provide information required by the chief execu‐
tive under section 142, the chief executive may, subject to subsection (2), take
that refusal or failure into account in forming any opinion under section 141 or
in making any determination under section 144.
Compare: 2002 No 49 s 145
Chief executive’ s determination
144 Chief executive’s determination
Whether or not the chief executive conducts an investigation, the chief execu‐
tive must, within a reasonable period of forming an opinion under section 141 ,
make a determination of whether the goods appear to be infringing goods to
which the notice relates.
Compare: 2002 No 49 s 146
145 Notice of determination
If the chief executive makes a determination under section 144 , the chief
executive must, within any period that may be reasonably necessary to effect
service, cause written notice of the determination to be served on —
(a) the claimant; and
(b) any other person appearing to the chief executive to have an interest in
the goods.
Compare: 2002 No 49 s 1472024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
65146 Consequences of failure to serve notice
The detention of any goods under section 147  is not rendered illegal by a
failure to serve notice under section 145.
Compare: 2002 No 49 s 148
Detention of infringing goods
147 Detention of infringing goods
(1) If the chief executive considers that any goods that are in the control of
Customs may be infringing goods to which an accepted notice relates, those
goods must be detained in the custody of the chief executive or any Customs
officer until —
(a) the chief executive is served with an order made in proceedings under
section 150 that the notice be discharged; or
(b) the chief executive is served with an order made in proceedings under
section 150 that the goods be released; or
(c) any proceedings under section 151 in respect of those goods (including
any appeal) are determined by a decision that the goods are not infring‐
ing goods; or
(d) any proceedings under section 151 in respect of those goods, including
any appeal, are abandoned; or
(e) 10 working days have elapsed since notice was served under section
145 and the chief executive has not been served with notice of proceed‐
ings brought under section 151 by a person other than the importer or
exporter.
(2) Subject to section 148, on the occurrence of any of the matters specified in
subsection (1)(a) to (e), the goods must be released to the person entitled to
them.
(3) The chief executive may, in any particular case, extend the period referred
to in subsection (1)(e) to 20 working days if the chief executive considers it
appropriate to do so in all the circumstances.
Compare: 2002 No 49 s 149
148 When detained goods may be released
The chief executive or any Customs officer must release any goods under
section 147  if—
(a) every legal requirement as to importation or exportation of the goods is
satisfied; and
(b) every requirement made under section 135 that requires the deposit of a
security is satisfied; andPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
66(c) the release of the goods is not contrary to law.
Compare: 2002 No 49 s 150
149 Forfeiture of goods by consent
(1) If goods have been detained in the custody of the chief executive or a Customs
officer, the importer or exporter of the goods may, by notice in writing to the
chief executive, consent to the goods being forfeited to the Crown.
(2) On the giving of a notice under subsection (1), the goods are forfeited to the
Crown.
(3) Goods forfeited to the Crown under this section must be sold, destroyed, or
otherwise disposed of in the manner that the chief executive directs.
(4) However, the chief executive must not direct a step to be taken under subsec‐
tion (3) without first having regard to the need to ensure that the step to be
taken does not adversely affect the claimant.
Compare: 2002 No 49 s 151; SR 2003/187 r 160
Proceedings relating to infringing goods
150 Application for various orders relating to infringing goods
The court may, on an application by any person, make an order that —
(a) an accepted notice be discharged; or
(b) goods detained under section 147 be released.
Compare: 2002 No 49 s 152
151 Proceedings to determine whether goods are infringing goods
(1) The court may, on an application by any person, decide whether goods to
which a determination under section 144 relates are infringing goods.
(2) Notice of proceedings under subsection (1) must be served on the chief execu‐
tive.
(3) In proceedings under subsection (1), —
(a) the court must issue directions as to the service of notice on every person
who has an interest in goods to which the proceedings relate; and
(b) a person who is served a notice is entitled to —
(i) appear in those proceedings, whether or not the person was served
with notice under section 145; and
(ii) appeal against any order made in those proceedings, whether or
not the person appeared in the proceedings.
(4) An order made in proceedings under subsection (1) takes effect —
(a) at the end of the period within which notice of an appeal may be given;
or2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
67(b) on the final determination or abandonment of the proceedings on appeal
(if notice of the appeal is given before the end of that period).
Compare: 2002 No 49 s 153
152 Powers of court
(1) If, in proceedings under section 151, the court decides that any goods that are
the subject of a determination made under section 144  are infringing goods, the
court must make an order that the goods be —
(a) destroyed; or
(b) otherwise dealt with as the court thinks fit.
(2) In considering what order should be made under subsection (1), the court must
consider —
(a) whether other remedies available in proceedings for infringement of a
registered geographical indication would be adequate to compensate, and
to protect the interests of, the claimant; and
(b) the need to ensure that no infringing goods are disposed of in a manner
that would adversely affect the claimant.
(3) If more than 1 person is interested in the goods, the court may —
(a) direct that the goods be sold or otherwise dealt with, and the proceeds
divided; and
(b) make any other order it thinks fit.
(4) If, in proceedings under section 151, the court decides that the goods are
not infringing goods to which a determination under section 144  relates, the
court may make an order that a person who is a party to the proceedings pay
compensation in such amount as the court thinks fit to the importer, exporter, or
owner of the goods.
Compare: 2002 No 49 s 154
Inspection of goods
153 Inspection of goods
(1) The chief executive or a Customs officer must permit a person who claims to
have an interest in goods or proceedings to which section 141 or 151 applies
to inspect the goods if the chief executive or Customs officer has, in their
possession, goods to which any of the following apply:
(a) a notice given under section 133:
(b) an investigation under section 141:
(c) proceedings under section 151.
(2) A person who claims to have an interest in goods may —
(a) inspect the goods during normal office hours; orPart 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
68(b) with the approval of the chief executive or Customs officer, remove the
goods or a sample of the goods to a place, for a specified period, and
on any conditions specified by the chief executive or Customs officer for
the purpose of inspecting them.
(3) Any person who wishes to inspect any goods under this section must give
the chief executive or Customs officer not less than 72 hours’ notice of their
intention to inspect those goods, or any lesser notice period specified by the
chief executive or Customs officer for that purpose.
Compare: 2002 No 49 s 155
Service under this subpart
154 Service of notices under this subpart
(1) The chief executive, or a Customs officer, may give notice or written advice
under this subpart by sending it by electronic means to the person’s contact
electronic address.
(2) For the purposes of this section, a person’s contact electronic address  is any
of the following:
(a) an email or other electronic address that the person has provided to
Customs:
(b) the person’s last known email or other electronic address:
(c) an email or other electronic address of the person that is otherwise
available, if there are reasonable grounds to suppose that the person will
receive the communication.
(3) For the purposes of this subpart, a notice or written advice is treated as having
been given on the first working day following the day on which it was sent by
electronic means.
(4) In proving the giving of notice or written advice by electronic means, it is
sufficient to prove that the notice or written advice was properly transmitted to
the contact electronic address in question.
(5) A notice or written advice is not to be treated as having been given to a person
if that person proves that, through no fault on their part, the notice or written
advice was not received within the time specified or at all.
Compare: 2018 No 4 ss 423 –426
Subpart 5 —Protection from civil and criminal liability
155 Protection from civil and criminal liability
(1) A specified person is protected from civil and criminal liability, however it may
arise, for any act that the person does or omits to do —
(a) under a requirement of this Act; or2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
69(b) in the performance or purported performance of the person’s functions
or duties, or the exercise or purported exercise of the person’s powers,
under a requirement of this Act —
(i) in good faith; and
(ii) with reasonable cause; or
(c) in the performance or purported performance of the person’s functions
or duties, or the exercise or purported exercise of the person’s powers,
under this Act —
(i) in good faith; and
(ii) with reasonable cause.
(2) See also  section 6(1) of the Crown Proceedings Act 1950 (which relates to the
liability of the Crown in tort).
(3) In this section, —
specified person  means —
(a) a relevant chief executive:
(b) an employee or agent of a relevant Ministry:
(c) a GI officer:
(d) a person lawfully assisting a GI officer:
(e) a Customs officer (within the meaning of subpart 4):
(f) a person lawfully assisting a Customs officer under that subpart.
Compare: 2014 No 32 s 351
Part 6
General provisions
Regulations
156 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 the procedure relating to the removal of a registered geo‐
graphical indication from the register:
(d) prescribing the procedure relating to the alteration of a geographical
indication on the register:Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
70(e) 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):
(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 New Zealand registered or
foreign registered geographical indications:
(i) prescribing penalties for infringement offences in this Act, which, —
(i) in the case of infringement fees, must not be more than $1,000;
and
(ii) in the case of maximum fines, must not be more than 3 times the
amount of the infringement fee for the offence:
(j) 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:
(k) giving effect, for the purposes of this Act, to the terms of any inter‐
national agreement:
(l) providing for anything this Act says may or must be provided for by
regulations:
(m) providing for anything incidental that is necessary for carrying out, or
giving full effect to, this Act.
(2) The Governor-General may prescribe any renewal fees under subsection (1) (j)
that—
(a) recover some or all of the costs incurred by the Registrar in performing
the Registrar’s functions under this Act:
(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.
(3) Regulations made under this section are secondary legislation ( see Part 3 of the
Legislation Act 2019 for publication requirements).
Legislation Act 2019 requirements for secondary legislation made under this section
Publication PCO must publish it on the legislation website and notify
it in the GazetteLA19 s 69(1)(c)
Presentation The Minister must present it to the House of
RepresentativesLA19 s 114
Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
71Registrar
157 Registrar
(1) The chief executive of the Ministry must, under the Public Service Act 2020,
appoint a Registrar of Geographical Indications.
(2) The Registrar must be an officer or employee of the Ministry, and the Regis‐
trar’s appointment may be held either separately or in conjunction with any
other office in the Ministry.
158 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.
159 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
evidence 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 their
power in respect of a thing delegated to that person.Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
72160 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 —
(a) a registered geographical indication; or
(b) a New Zealand or foreign geographical indication that is the subject of
an application for registration under section 8; or
(c) an EU FTA geographical indication that is the subject of a request for
registration referred to in section 58(1).
(2) Regulations may prescribe the procedure for the opportunity to be heard.
Register of geographical indications
161 Register of geographical indications
(1) The Registrar must establish and maintain a register of registered geographical
indications.
(2) The register must contain 4 parts, as follows:
(a) Part 1, for enduring New Zealand geographical indications:
(b) Part 2, for —
(i) New Zealand registered geographical indications:
(ii) foreign registered geographical indications:
(c) Part 3, for geographical indications that have been registered in accord‐
ance with regulations made under section 156(1)(k):
(d) Part 4, for EU FTA registered geographical indications.
(3) The register must specify, in respect of each registered geographical indication
in Parts 1 to 3 of the register, —
(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
(d) the name and address of the registrant; and
(e) the date of registration (except in the case of an enduring New Zealand
geographical indication); and
(f) if the geographical indication’s status is registered-past expiry date (as
defined in section 47D), a statement to that effect.
(4) The register must specify, in respect of each registered geographical indication
in Part 4 of the register, —2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
73(a) the product class to which the geographical indication relates (as speci‐
fied in Annex 18-A of the EU FTA); and
(b) for any geographical indication registered under —
(i) section 57, any conditions (as specified in connection with the
geographical indication in Annex 18-B of the EU FTA) imposed
in accordance with section 72; or
(ii) clause 2 of Schedule 1, any conditions, limitations, restrictions,
exceptions, or transitional provisions that relate to the geograph‐
ical indication, as specified in Annex 18-B of the EU FTA; and
(c) any transliteration specified in connection with the geographical indica‐
tion in Annex 18-B of the EU FTA; and
(d) the date of registration.
(5) Annex 18-A or 18-B of the EU FTA, as the case requires, prevails to the
extent of any inconsistency with the register in respect of an EU FTA registered
geographical indication.
(6) The register may be kept in any manner that the Registrar thinks fit provided it
permits the contents to be readily accessed or reproduced in usable form.
(7) The register is prima facie evidence of any matters required or authorised by or
under this Act to be entered in it.
162 Public access to register
(1) Any person may access or search the register, or make copies of information
in the register, except to the extent that the Registrar suspends its operation in
accordance with subsection (2).
(2) The register must be operated at all times unless the Registrar suspends its
operation (in whole or in part) —
(a) for maintenance purposes; or
(b) in response to technical difficulties; or
(c) to ensure the security or integrity of the register.
(3) 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).
(4) 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.
163 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.Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
74Appeals
164 Appeals in relation to Registrar’s decisions
(1) A person who is aggrieved by a decision of the Registrar under this Act may
appeal to the court.
(2) In this section and sections 165, 167, and 168 , decision  includes a determin‐
ation by the Registrar under section 58(3) or (4).
165 Notice of appeal
Notice of an appeal under section 164 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.
166 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, withdraw the
application without paying the costs of the person opposing.
167 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.
168 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.
Advice and consultation
169 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 —2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 3 s 85
75(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; or
(e) a request by the European Union for registration of an EU FTA geo‐
graphical indication referred to in section 58(1).
170 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 other goods, or the registration of
the geographical indication, is, or is likely to be, offensive to Māori.
Miscellaneous provisions
171 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 172.
172 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 their 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.
173 Act does not affect unregistered geographical indication
Nothing in this Act affects a geographical indication that is not a registered
geographical indication.Part 3 s 85European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
76174 Act does not affect Wine Act 2003
Nothing in this Act affects the operation of the Wine Act 2003.
175 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.
176 Act does not limit Fair Trading Act 1986
Nothing in this Act limits the operation of the Fair Trading Act 1986.
86 Schedule replaced
Replace the Schedule with Schedules 1 and 2 set out in Schedule 1.
87 Consequential amendments to other Acts
Amend the Acts specified in Schedule 2 as set out in that schedule.
Part 4
Amendments to Overseas Investment Act 2005 and Overseas
Investment Regulations 2005
Subpart 1—Amendments to Overseas Investment Act 2005
88 Principal Act
This subpart amends the Overseas Investment Act 2005.
89 Section 61A amended (Regulations regarding alternative monetary
thresholds for overseas investments in significant business assets)
(1) Repeal section 61A(1)(a).
(2) After section 61A(1)(g), insert:
(ga) the Pacific Agreement on Closer Economic Relations Plus, done at
Nuku’alofa on 14 June 2017:
(3) After section 61A(1)(i), insert:
(j) the Free Trade Agreement between New Zealand and the European
Union, done at Brussels on 9 July 2023.
Subpart 2—Amendments to Overseas Investment Regulations 2005
90 Principal regulations
This subpart amends the Overseas Investment Regulations 2005.
91 Regulation 84 amended (Introduction to Part 5)
(1) Revoke regulation 84(3)(a).2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 4 s 91
77(2) After regulation 84(3)(g), insert:
(h) the Free Trade Agreement between New Zealand and the European
Union, done at Brussels on 9 July 2023 (the EU FTA ).
92 Regulation 85 amended (Definitions)
(1) In regulation 85(1), definition of type A enterprise , after paragraph (d), insert:
(e) the European Union
(2) In regulation 85(1), definition of type A individual , after paragraph (e), insert:
(f) a person who is a national of one of the Member States of the European
Union as defined by subparagraph (i) of the definition of natural person
of a Party in Article 1.2(r) of the EU FTA
(3) In regulation 85(1), definition of type A territory , after paragraph (d), insert:
(e) the territories to which the EU FTA applies under Article 1.4(1) (a) of the
EU FTA
(4) In regulation 85(1A), delete “ P4 Agreement , and”.
(5) In regulation 85(1A), after “ UK FTA ”, insert “, and EU FTA ”.
93 Regulation 88 amended (Introduction to subpart 2 and interaction
between regulations in Part 5)
(1) Revoke regulation 88(2)(a).
(2) After regulation 88(2)(g), insert:
(h) Article 10.4(2) and (3) of the EU FTA.
94 Schedule 1AA amended
In Schedule 1AA,—
(a) insert the Part set out in Schedule 3 of this Act as the last Part; and
(b) make all necessary consequential amendments.
Part 5
Amendments to Tariff Act 1988, Tariff, and Customs and Excise
Regulations 1996
Subpart 1—Amendments to Tariff Act 1988
Amendments to Tariff Act 1988
95 Principal Act
Sections 96 to 100 amend the Tariff Act 1988.Part 4 s 92European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
7896 Section 2 amended (Interpretation)
In section 2(1), insert in its appropriate alphabetical order:
preferential group of countries  has the meaning given to it by section 7(3)
97 Section 7 amended (Application of Tariff)
(1) In section 7(1), after “a preferential country ”, insert “or preferential group of
countries”.
(2) In section 7(1)(b) and (c), after “preferential country ”, insert “or group of
countries”.
(3) In section 7(2), after “country”, insert “or group of countries” in each place.
(4) In section 7(3), definition of preferential abbreviation ,—
(a) after “preferential country ”, insert “or preferential group of countries ”;
and
(b) after “that country”, insert “or group of countries”.
(5) In section 7(3), insert in its appropriate alphabetical order:
preferential group of countries  means a group of countries listed or described
in the first column of note 3 of the Tariff
98 Section 9 amended (Alterations and modifications of Tariff)
In section 9(3), after “specified country”, insert “or group of countries,”.
99 Section 15A amended (Interpretation)
(1) In section 15A, insert in its appropriate alphabetical order:
EU FTA  means the Free Trade Agreement between New Zealand and the
European Union, done at Brussels on 9 July 2023
(2) In section 15A, definition of free trade agreement , after paragraph (i), insert:
(j) the EU FTA
100 Section 15H amended (Provisional transitional safeguard measure)
In section 15H(1) (b)(ii) , replace “or the UK FTA, ” with “the UK FTA, or the
EU FTA,”.
Consequential amendment to Trade (Safeguard Measures) Act 2014
101 Principal Act
Section 102 amends the Trade (Safeguard Measures) Act 2014.
102 Section 4 amended (Overview of safeguards)
In section 4(3)(c), after “country”, insert “or group of countries”.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 5 s 102
79Subpart 2—Amendments to Tariff
103 Principal legislation
This subpart, in accordance with section 9F(1) of the Tariff Act 1988, amends
the Tariff.
104 Note 2 amended
In the notes to the Tariff, note 2, penultimate paragraph,—
(a) after “manufacture of countries”, insert “or groups of countries”; and
(b) after “CPT,”, insert “EU,”.
105 Note 3 amended
(1) In the notes to the Tariff, note 3, after “Preferential countries ”, insert “or
groups of countries, ”.
(2) In the notes to the Tariff, note 3, after “ Preferential country ”, insert “ or group
of countries ”.
(3) In the notes to the Tariff, note 3, after the item relating to country that is a
specified CPTPP party, insert:
EU FTA group (the European Union (including the territory
of Ceuta and Melilla), Andorra, Monaco, San Marino, and the
Sovereign Base Areas of Akrotiri and Dhekelia)EU
106 Footnotes amended
In the Tariff, in each footnote, after “CPT,”, insert “EU,”.
107 Part II Concessions amended
In the Tariff, Part II Concessions, table, in the item relating to Concession
Reference Number 66, after subclause (5), insert:
(6) Goods re-entered after repair or alteration —
(a) in one of the following places:
(i) the territories to which the EU FTA applies
under Article 1.4(1)(a) and (2) of the EU
FTA:
(ii) the territory of the Republic of San
Marino; and
(b) in accordance with Article 2.9 of the EU FTA. Free
(7) Goods that fall within sections V to XXI of the Tariff that
are re-entered after repair or alteration —
(a) in the territory of the Principality of Andorra; and
(b) in accordance with Article 2.9 of the EU FTA. Free
DEFINITIONS
In this concession, EU FTA  means the Free Trade Agreement
between New Zealand and the European Union, done at Brussels
on 9 July 2023.Part 5 s 103European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
80Subpart 3—Amendment to Customs and Excise Regulations 1996
108 Principal regulations
This subpart amends the Customs and Excise Regulations 1996.
109 New regulations 51ZZM and 51ZZN and cross-heading inserted
After regulation 51ZZL, insert:
Provisions relating to EU FTA group
51ZZM Interpretation
In regulation 51ZZN, unless the context otherwise requires, —
EU FTA  means the Free Trade Agreement between New Zealand and the
European Union, done at Brussels on 9 July 2023
EU FTA group  means the European Union (including the territory of Ceuta
and Melilla), the Principality of Andorra, the Principality of Monaco, the
Republic of San Marino, and the Sovereign Base Areas of Akrotiri and Dheke‐
lia.
51ZZN Originating goods
(1) This regulation prescribes when particular goods are treated, for the purposes
of the Act and the Tariff Act 1988, as being the produce or manufacture of the
EU FTA group.
(2) Goods are the produce or manufacture of the EU FTA group if the goods meet
all the applicable EU FTA requirements to qualify, be accepted, or be treated
the same way for customs purposes as goods originating in the European
Union.
(3) The EU FTA requirements  are the requirements set out in the following
provisions of the EU FTA:
(a) Chapter 3 (Rules of origin and origin procedures):
(b) Annex 3-A (Introductory notes to product-specific rules of origin):
(c) Annex 3-B (Product-specific rules of origin):
(d) Annex 3-C (Text of the statement on origin):
(e) Annex 3-D (Supplier’s declaration referred to in Article 3.3(4) (Cumula‐
tion of origin)):
(f) Annex 3-E (Joint declaration concerning the Principality of Andorra):
(g) Annex 3-F (Joint declaration concerning the Republic of San Marino).2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Part 5 s 109
81Schedule 1
Schedule of Act previously called Geographical Indications (Wine
and Spirits) Registration Act 2006 replaced
s 86
Schedule 1
Transitional, savings, and related provisions
s 4A
Part 1
Provisions relating to European Union Free Trade Agreement
Legislation Amendment Act 2024
1 References to previous Title
Every reference in any enactment and in any document to the Geographical
Indications (Wine and Spirits) Registration Act 2006 must, unless the context
otherwise provides, be read as a reference to the Geographical Indications
Registration Act 2006.
2 Registration of geographical indications listed in EU FTA
(1) The Registrar must, as soon as practicable, register all EU FTA geographical
indications listed in Section A of Annex 18-B of the EU FTA on the com‐
mencement of this clause.
(2) An EU FTA registered geographical indication registered under this clause is
deemed to be registered on and after the date of entry into force of the EU FTA.
(3) All conditions, limitations, restrictions, exceptions, transitional provisions, and
other requirements specified in Section A of Annex 18-B of the EU FTA, as it
reads on the commencement of this clause, —
(a) apply to an EU FTA geographical indication registered under this clause;
and
(b) must be specified in Part 4 of the register established under section 161
in respect of the EU FTA geographical indication.
(4) Sections 57 to 59 and 62 to 72 do not apply to the registration of an EU FTA
geographical indication under this clause.
Example
Feta is listed in section A of Annex 18-B of the EU FTA on the commencement
of this clause. Accordingly, the Registrar must register it as an EU FTA registered
geographical indication, which provides protection for the geographical indication.Schedule 1European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
82Section A of Annex 18-B includes a transitional provision for feta, which allows
certain existing users of that geographical indication to continue using it for a
maximum period of 9 years after the date of entry into force of the EU FTA.
Compare: EU FTA art 18.32.3
3 Registration of foreign registered geographical indication as EU FTA
geographical indication
A foreign registered geographical indication that is listed in Section A of
Annex 18-B of the EU FTA on the commencement of clause 2 must be regis‐
tered as an EU FTA registered geographical indication under that clause.
4 Transitional regulations
(1) Regulations may provide for transitional or savings matters concerning the
coming into force of the amendment Act.
(2) The regulations may be in addition to, or in place of, the provisions in this Part
of this schedule.
(3) The regulations may provide that, during a specified transitional period, —
(a) specified provisions of this Act do not apply or apply with modifica‐
tions:
(b) specified provisions of this Act that are repealed or amended by the
amendment Act continue to apply as if they were not repealed or
amended (with or without modifications).
(4) The Minister must not recommend that regulations be made for the purpose of
this clause unless the Minister is satisfied on reasonable grounds that they are
necessary to —
(a) give effect to New Zealand’s obligations under the EU FTA, as at the
commencement of this clause, with respect to geographical indications;
or
(b) facilitate an orderly transition from the geographical indications regime
that existed before commencement of the amendment Act to the regime
existing after commencement of the amendment Act.
(5) This clause is repealed, and any regulations made in reliance on it are revoked,
on the close of the 5-year date.
(6) In this clause, —
5-year date  means the date that is 5 years after the date on which this clause
comes into force
amendment Act  means the European Union Free Trade Agreement Legis‐
lation Amendment Act 2024.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Schedule 1
83Schedule 2
Provisions relating to reviews and appeals
ss 82, 100
Review of decision to suspend or cancel appointment as GI officer
1 Procedure for review
(1) The reviewer must be, —
(a) for a decision made by the chief executive, a person appointed for the
purpose by the Minister under subclause (2):
(b) for a decision made by a person acting under the delegated authority of
the chief executive, —
(i) a person who was not involved in making the decision and who is
designated by the chief executive; or
(ii) the chief executive.
(2) The Minister may appoint the person referred to in subclause (1)(a) on any
terms and conditions that the Minister considers appropriate (including condi‐
tions as to the payment of fees).
(3) The reviewer must review the decision within —
(a) 40 working days after the appointment referred to in subclause (1) (a), if
that paragraph applies; or
(b) 40 working days after the designation referred to in subclause (1) (b)(i),
if that subparagraph applies; or
(c) 40 working days after the date on which the chief executive receives the
application, if subclause (1)(b)(ii) applies; or
(d) a shorter period specified in writing by the reviewer to the applicant.
(4) The reviewer may give the applicant a notice in writing requiring the applicant
to supply information additional to that contained in the application within a
time specified by the reviewer.
(5) The time limits specified in subclause (3) do not include —
(a) the time the applicant takes to supply information under subclause (4);
or
(b) the time allowed for the applicant to supply the information, if the
applicant does not supply it.
(6) The reviewer must —
(a) give the applicant and the chief executive (or the person who made the
decision under delegated authority) a notice in writing of the time within
which submissions on the review may be made; andSchedule 1European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
84(b) consider any submissions by the applicant and the chief executive (or the
chief executive’s delegate).
(7) The review is by way of a rehearing.
(8) The reviewer may confirm, modify, or reverse all or some of the decision.
(9) The reviewer must, as soon as practicable, give the applicant a notice in writing
of—
(a) the decision on the review; and
(b) the reasons for the decision on the review.
Compare: 2014 No 32 s 357
2 Effect of review
(1) The original decision described in section 81(1) or (3)  is valid until the
reviewer modifies or reverses it.
(2) If the reviewer modifies or reverses some of the original decision, the parts that
are not modified or reversed remain valid.
Compare: 2014 No 32 s 359
Appeals against decision under clause 1 or section 99
3 Meaning of review decision
In clause 4, review decision  means —
(a) a decision under clause 1  (which relates to a review of a decision to
suspend or cancel appointment as a GI officer):
(b) a decision under section 99  (which relates to a review of a notice of
direction).
4 Appeal to District Court against review decision
(1) A person may appeal to the District Court against a review decision.
(2) An appeal under subclause (1) must be brought no later than 28 days after the
date on which the appellant was notified under this Act of the review decision.
(3) In considering an appeal, —
(a) the District Court may hear all evidence tendered and representations
made by, or on behalf of, any party to the appeal that the court considers
relevant to the appeal, whether or not that evidence would be otherwise
admissible in the court; and
(b) the court may —
(i) confirm, reverse, or modify the decision appealed against, and
make the orders and give the directions that may be necessary to
give effect to the court’s decision; or2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Schedule 1
85(ii) refer the matter back to the chief executive with a direction to
reconsider the whole or any part of the matter.
Compare: 2014 No 32 s 362
5 Procedure for appeal
(1) An appeal under clause 4 must, subject to that clause, be made and determined
in accordance with the District Court Act 2016 and the District Court Rules
2014.
(2) The decision of the District Court on an appeal under clause 4 is final unless
clause 6 or 7 applies.
Compare: 2014 No 32 s 363
6 Appeal to High Court on question of law
(1) A party to an appeal under clause 4 who is dissatisfied with the decision of the
District Court on the ground that it is wrong in law may appeal to the High
Court on that question of law.
(2) The High Court Rules 2016 and sections 126 to 130 of the District Court Act
2016, with all necessary modifications, apply to an appeal under subclause (1)
as if it were an appeal under section 124 of that Act.
Compare: 2014 No 32 s 364
7 Further appeals to Court of Appeal or Supreme Court
(1) With the leave of the court appealed to, a party to an appeal under clause 6 may
appeal to the Court of Appeal or the Supreme Court against any determination
of the High Court in the appeal.
(2) On an appeal under this clause, the Court of Appeal or the Supreme Court has
the same power to adjudicate on the proceedings as the High Court had.
(3) Subclause (1) is subject to section 75 of the Senior Courts Act 2016 (which
provides that the Supreme Court must not give leave to appeal directly to
it against a decision made in a court other than the Court of Appeal unless
it is satisfied that there are exceptional circumstances that justify taking the
proposed appeal directly to the Supreme Court).
Compare: 2014 No 32 s 365Schedule 1European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
86Schedule 2
Consequential amendments to Acts
s 87
Major Events Management Act 2007 (2007 No 35)
In section 35(c), replace “Geographical Indications (Wine and Spirits) Registration
Act 2006” with “Geographical Indications Registration Act 2006”.
Ombudsmen Act 1975 (1975 No 9)
In Schedule 1, Part 2, replace “Geographical indications committees established
under the Geographical Indications (Wine and Spirits)” with “New Zealand geograph‐
ical indications committees established under the Geographical Indications”.
Search and Surveillance Act 2012 (2012 No 24)
In the Schedule, insert in its appropriate alphabetical order:
Geographical Indications
Registration Act 200685 GI officer may require
information about relevant goodsSubpart 5
87 Other powers of GI officer Subpart 5
89 What GI officer and person
assisting may do when exercising
power of entry and inspectionSections 131 to 135
and subparts 5 and 6
90 Application for search warrant Sections 98, 99, and
100
91 Issue of search warrant Sections 102 to 105
and 107 and subpart 5
92 Powers under search warrant Section 110
93 Carrying out search powers Sections 106, 111 to
114, 115(1)(b) and
(3), 116 to 117, 120
to 130, 131(1) to (6),
and 132 to 135
94 Disposal of property seized
under search warrantSubparts 1, 5, 6, 7, 9,
and 10
95 Retention of documents Section 101
Summary Proceedings Act 1957 (1957 No 87)
In section 2(1), definition of infringement notice , after paragraph (jk), insert:
(jl) section 122 of the Geographical Indications Registration Act 2006; or
Trade Marks Act 2002 (2002 No 49)
In section 5(1), definition of registered geographical indication , replace “Geograph‐
ical Indications (Wine and Spirits) Registration Act 2006 ” with “Geographical Indica‐
tions Registration Act 2006”.
In section 20(1)(a) and (b), replace “Geographical Indications (Wine and Spirits)
Registration Act 2006” with “Geographical Indications Registration Act 2006”.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Schedule 2
87Trade Marks Act 2002 (2002 No 49) —continued
In section 20(1) (a), replace “wine or spirit ” with “wine, spirit, or other good ” in each
place.
In section 20(1) (b), replace “an application for registration of a geographical indica‐
tion”  with “an application for registration of a New Zealand or foreign geographical
indication”.
In section 20(1)(b)(iv), replace “(if registered).” with “(if registered); or”.
After section 20(1)(b), insert:
(c) the Registrar of Geographical Indications has given public notice of the
proposed registration or change to registration of an EU FTA geograph‐
ical indication under section 58(2)(a) of the Geographical Indications
Registration Act 2006  and—
(i) the trade mark contains the geographical indication that is the
subject of the proposed registration or change to registration; and
(ii) the trade mark relates to a wine, spirit, or other good that does
not originate in the place of geographical origin to which the
geographical indication relates; and
(iii) the use of the trade mark is likely to deceive or confuse; and
(iv) if the geographical indication is registered or changed, the deemed
date of registration is earlier than the deemed date of registration
of the trade mark (if registered).
In section 88(c), replace “Geographical Indications (Wine and Spirits) Registration
Act 2006” with “Geographical Indications Registration Act 2006”.
In section 98A, replace “Geographical Indications (Wine and Spirits) Registration Act
2006” with “Geographical Indications Registration Act 2006”.
After section 195, insert:
195A Use of fees under this Act
(1) A fee, or a portion of a fee, payable to the Commissioner under this Act
may be used to recover the costs, or a share of the costs, of the Registrar
of Geographical Indications in the performance of the Registrar’s functions,
powers, and duties under the Geographical Indications Registration Act 2006.
(2) The costs recovered in accordance with subsection (1), and the functions,
powers, and duties in relation to which those costs were incurred, need not be
related, directly or indirectly, to the person or persons from whom the fee is
collected.
Compare: 1993 No 105 s 372(3C), (3D) (repealed)Schedule 2European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
88Trade Marks Act 2002 (2002 No 49) —continued
195B Validation of fees used to recover costs of register of geographical
indications
(1) This section applies to a fee payable to the Commissioner under this Act that is
or was payable under this Act on or before the commencement of the European
Union Free Trade Agreement Legislation Amendment Act 2024.
(2) Money received by the Commissioner in payment of the fee may be applied
on or after the commencement of the European Union Free Trade Agreement
Legislation Amendment Act 2024 to recover the costs or a share of the costs of
the Registrar of Geographical Indications in accordance with section 195A of
this Act.
Compare: 2011 No 21 s 84A
Trans-Tasman Mutual Recognition Act 1997 (1997 No 60)
In Schedule 1, Category 2, replace “Geographical Indications (Wine and Spirits)
Registration Act 2006” with “Geographical Indications Registration Act 2006”.2024 No 10European Union Free Trade Agreement Legislation
Amendment Act 2024 Schedule 2
89Schedule 3
New Part 11 inserted into Schedule 1AA of Overseas Investment
Regulations 2005
s 94
Part 11
Provisions relating to European Union Free Trade Agreement
Legislation Amendment Act 2024
25 Application
The amendments made by the European Union Free Trade Agreement Legis‐
lation Amendment Act 2024 apply only to the acquisition of rights or interests
in securities or of other property, or the establishment of any business, after the
commencement of that Act.
26 No refunds
No person is entitled to a refund of any fee or charge paid to the regulator
for a matter under Schedule 2 on the ground that the amendments made by
the European Union Free Trade Agreement Legislation Amendment Act 2024
mean that the matter is no longer relevant (for example, that a consent that had
been applied for is no longer required).
Legislative history
25 January 2024 Introduction (Bill 10–1)
31 January 2024 First reading and referral to Foreign Affairs, Defence and Trade
Committee
12 March 2024 Reported from Foreign Affairs, Defence and Trade Committee
(Bill 10–2)
19 March 2024 Second reading, committee of the whole House (Bill 10–3)
21 March 2024 Third reading
25 March 2024 Royal assent
This Act is administered by the Ministry of Foreign Affairs and Trade.
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2024Schedule 3European Union Free Trade Agreement Legislation
Amendment Act 2024 2024 No 10
90