Geographical Indications Act 1994

1: Short Title and commencement
1: This Act may be cited as the Geographical Indications Act 1994.
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and one or more orders may be made bringing different provisions into force on different dates.
2: Interpretation
1: In this Act, unless the context otherwise requires,— Board New Zealand Geographic Board section 3 New Zealand Geographic Board Act 1946 Committee section 14 Geographical indication Geographical origin Goods International agreement Linear feature Locality Ministry Person Prescribed section 20 Protected geographical indication region Local Government Act 2002 Region: this definition was substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Register section 8 Registrar section 7 Registration Specified goods section 3 Surveyor-General section 7 of the Survey Act 1986 Trade Use
a: Any transaction, including a purchase, sale, gift, or exchange; or
b: Any importing or exporting; or
c: Any advertisement; or
d: Any other activity: Working day
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's Birthday, Labour Day, and Waitangi Day; and
b: A day in the period commencing with the 25th day of December in any year and ending with the 2nd day of January in the following year; and
c: If the 1st day of January in any year falls on a Friday, the following Monday; and
d: If the 1st day of January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday.
2: In this Act, a reference to the description or presentation of goods includes a reference to any name, address, place, sign, design, trade mark, or other matter used in relation to the goods, whether or not it appears—
a: On any container, wrapping, or label, or on the goods themselves; or
b: On any document relating to the use, or any transaction involving the transport, of the goods; or
c: In any advertisement relating to the goods.
3: A geographical indication may be entered on the Register under this Act even though it relates to a geographical origin, or part of a geographical origin, to which another protected geographical indication relates.
3: Meaning of
specified goods In this Act, the term specified goods Restrictions on use of protected geographical indications
4: Restrictions relating to protected geographical indications
1: If a person, in trade, uses, in relation to any specified goods, a protected geographical indication and the goods did not originate in the geographical origin to which the protected geographical indication relates, the person shall be deemed, for the purposes of the Fair Trading Act 1986 section 9
2: Subsection (1)
a: The true geographical origin of the goods is used together with the protected geographical indication; or
b: The protected geographical indication is used in translation; or
c: The use of the protected geographical indication is accompanied by any of the words kind type style imitation
5: Exemptions from restrictions
1: For the purposes of section 4
a: The name of any person who produced, or entered into any transaction in relation to, the goods:
b: If such a person lawfully carries on business under the name of another person who previously carried on the business, the name of that other person:
c: The address of the place at which the goods were produced.
2: Section 4
a: Any protected geographical indication to the extent that any conditions relating to registration of that geographical indication so provide; or
b: Any goods that are never in New Zealand, or are in New Zealand only for the purpose of transit from one country to another (neither of which is New Zealand); or
c: The use, in relation to specified goods, of a trade mark applied for or registered under the Trade Marks Act 2002
3: Section 4
a: The registration of the protected geographical indication; or
b: The goods were declared to be specified goods. Subsection (2)(c) amended 20 August 2003 201 Trade Marks Act 2002 by substituting the words Trade Marks Act 2002 Trade Marks Act 1953 See clause 2 Trade Marks Act 2002 Commencement Order 2003
6: Liability under general law not affected
Nothing in sections 4 5 section 9 Fair Trading Act 1986 Registration of geographical indications
7: Registrar
1: There shall be a Registrar of Protected Geographical Indications appointed under the State Sector Act 1988
2: The person referred to in subsection (1)
3: The Registrar shall 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 Protected Geographical Indications, New Zealand
4: Every document bearing the imprint of the Registrar's seal of office, and purporting 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, shall be received in evidence, and shall, in the absence of proof to the contrary, be deemed to be signed or issued by or under the direction of the Registrar.
8: Register of Protected Geographical Indications
1: The Registrar shall establish and maintain a Register of Protected Geographical Indications.
2: The Register shall contain 3 parts, being—
a: A part containing geographical indications submitted by the Surveyor-General under section 9(1)
b: A part containing geographical indications submitted under that section in accordance with a multilateral international agreement and with regulations made under this Act; and
c: A part containing geographical indications submitted under that section in accordance with a bilateral international agreement and with regulations made under this Act.
3: The Register shall specify, in respect of each protected geographical indication,—
a: The conditions, if any, relating to the geographical indication; and
b: In the case of a geographical indication submitted by the Surveyor-General, the boundaries relating to the geographical indication.
4: The Register shall be kept in such form as the Registrar considers appropriate, and may be kept in the form of information stored by means of an electronic device.
9: Registration
1: Submission of a geographical indication for registration on the Register—
a: May be made only—
i: By the Surveyor-General under section 19
ii: In accordance with regulations made under this Act, in respect of a geographical indication relating to a geographical origin outside New Zealand; and
b: Shall be made in the prescribed form, and be accompanied by payment of the prescribed fee.
2: The Registrar shall enter on the appropriate part of the Register those geographical indications which are submitted for registration in accordance with subsection (1)
10: Automatic registration
1: This section applies to the following geographical origins:
a: New Zealand, being the North Island, the South Island, and the Chatham Islands:
b: Every region of New Zealand from time to time.
2: Subject to subsection (3) section 9(1)
a: Is subject to such conditions (if any) as are specified from time to time by regulations made under this Act in regard to that name; and
b: Has the boundaries that the geographical origin has from time to time;— and the Registrar shall enter on the appropriate part of the Register, as soon as practicable after the commencement of this Act, every such geographical indication.
3: Any protected geographical indication registered under this section or the conditions or boundaries relating to such a protected geographical indication, may be altered, or removed from the Register, in accordance with section 11
11: Alteration or removal of registration
1: Notification of an alteration or removal of a protected geographical indication on or from the Register—
a: May be made only—
i: By the Surveyor-General under section 19
ii: In accordance with regulations made under this Act, in respect of a geographical indication relating to a geographical origin outside New Zealand; and
b: Shall be made in the prescribed form and be accompanied by payment of the prescribed fee.
2: The Registrar shall—
a: Alter the Register in relation to any protected geographical indication whose alteration is notified in accordance with subsection (1)
b: Remove from the Register any protected geographical indication whose removal is notified in accordance with subsection (1)
3: The Registrar may correct any obvious errors in, or omissions from, the Register.
12: Search and copies of Register
1: Any person may, on payment of the prescribed fee, have access to the Register for the purpose of inspection during each working day at such times as the Registrar shall determine.
2: The Registrar shall, on application and payment of the prescribed fee, furnish to any person a copy, or a certified copy, of any particulars on the Register.
3: A certified copy of particulars on the Register signed by the Registrar and sealed with the Registrar's seal shall be received in evidence for all purposes as conclusive evidence that the particulars shown on the certified copy have been duly registered. New Zealand geographical indications
13: Application to determine geographical indication
1: Any person may make an application to the Surveyor-General for the determination of—
a: One or more geographical indications relating to one or more geographical origins in New Zealand, and the conditions (if any) and the boundaries relating to the geographical indication or indications; or
b: An alteration of one or more protected geographical indications relating to one or more geographical origins in New Zealand or of the conditions, or boundaries, relating to any such protected geographical indication or indications; or
c: The removal from the Register of one or more protected geographical indications relating to one or more geographical origins in New Zealand.
2: Every application under subsection (1)
14: Geographical indications committee
1: Where the Surveyor-General receives an application made in accordance with section 13
a: Appoint a geographical indications committee to make a determination in respect of the application in accordance with this Act; and
b: Refer a copy of the application to the committee.
2: Every committee shall consist of not fewer than 3 persons.
3: The Surveyor-General shall appoint a member of the Board as both a member and the chairperson of a committee.
4: At least one member of a committee (other than the chairperson) shall be either a member of the Board or a person nominated by the chairperson of the Board for appointment to the committee.
5: At least one member of a committee shall be appointed as a representative of producers of the specified goods.
6: A member of a committee may resign his or her membership of the committee by notice in writing to the Surveyor-General.
7: The Surveyor-General may revoke the appointment of a member of a committee for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Surveyor-General.
8: Where a member of a committee dies or resigns or the appointment of the member is revoked, the Surveyor-General may appoint another member in his or her place.
9: Where a member of a committee resigns from membership of the committee, that person shall continue as a member of the committee until a successor is appointed.
15: Proceedings of committee
1: In carrying out its functions and duties under this Act, every committee shall observe the rules of natural justice.
2: Meetings of a committee shall be held at such times and places as the committee or the chairperson from time to time determines.
3: At every meeting of a committee 3 members shall form a quorum.
4: Every question before a committee shall be determined by a majority of the votes of the members present at the meeting concerned.
5: The chairperson of a committee shall have a deliberative vote, and in the case of an equality of votes, shall also have a casting vote.
6: Except as otherwise provided in this Act or in regulations made under this Act, a committee may regulate its procedure in such manner as it thinks fit.
16: Notice of application
1: Within 10 working days after being appointed, a committee shall, unless it considers that the application is frivolous or vexatious, cause—
a: A copy of the application referred to it under section 14(1)(b)
b: A statement of the matters that the committee is required to determine; and
c: A statement inviting written submissions in accordance with subsection (2) to be published in the prescribed manner.
2: Any person may make written submissions to a committee on an application or any matters published by it under subsection (1)
17: Making and notice of determination
1: As soon as practicable after the expiry of the period referred to in section 16(2)
2: In determining one or more geographical indications in relation to one or more geographical origins, a committee must have regard to those matters prescribed by regulations made under this Act.
3: Within 10 working days of making a determination under subsection (1)
3A: Within 10 working days of receiving a copy of a committee's determination, the Surveyor-General shall notify the applicant of—
a: The result of the determination; and
b: The amounts payable under section 17A
4: Subject to section 18 Subsection (3) substituted (3A) inserted 2 September 1996 Geographical Indications Amendment Act 1996
17A: Costs payable by applicant before determination published
1: Within 15 working days of receiving notice under section 17(3A)
a: The prescribed fee payable pursuant to section 9(1)(b) 11(1)(b)
b: The cost of publication of the matters referred to in section 16(1) subsection (3)
c: Any other actual and reasonable costs incurred by the committee in determining the application.
2: The amounts payable under this section are recoverable, in any Court of competent jurisdiction, as a debt due to the Crown.
3: Within 10 working days of receiving the amounts payable under this section, the Surveyor-General shall cause notice of the determination to be published in the prescribed manner.
4: Notwithstanding section 19
5: Failure to pay the amounts payable under this section within the time specified shall not invalidate the application. Section 17A inserted 2 September 1996 Geographical Indications Amendment Act 1996
18: Review of determination
1: Any person who is dissatisfied with a determination may, at any time within 15 working days after the date of publication of a notice in accordance with section 17A(3)
2: Every application under subsection (1)
3: As soon as practicable after receiving an application under subsection (1)
4: Within 10 working days after making a decision under subsection (3)
a: Deliver a copy of its decision to the Surveyor-General; and
b: Cause notice of the decision to be published in the prescribed manner.
5: For the purposes of any review under subsection (3)
6: For the purposes of any review under subsection (3) Subsection (1) amended 2 September 1996 Geographical Indications Amendment Act 1996 by substituting the expression section 17A(3) section 17(3)(b)
19: Application for registration
1: Where, in relation to a determination of a committee, no application has been made to the Board under section 18(1)
2: Where, in relation to a determination of a committee, an application has been made to the Board under section 18(1)
3: Where—
a: A committee has, on an application under section 13(1)(c)
b: On an application made to the Board under section 18(1) the Surveyor-General shall, within 15 working days after the completion of the Board's review of the determination, submit the determination, as so reversed, to the Registrar for registration under this Act. Miscellaneous provisions
20: Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: Declaring any class of goods to be a class of goods for the purposes of this Act:
b: Regulating the form, content, or use of any or all protected geographical indications in relation to all or any specified goods:
c: Prescribing the form of, and requirements relating to, submissions of geographical indications for registration on the Register, and in relation to alterations or removals of such registrations:
d: Specifying conditions relating to any one or more protected geographical indications:
e: Prescribing the form of, and requirements relating to, applications under this Act:
f: Prescribing the manner in which persons are to be appointed to committees, the terms of appointment, and the remuneration payable to those persons:
g: Regulating the procedure of committees:
h: Prescribing the criteria to which committees must have regard in determining the issues before them:
i: Prescribing the records that must be kept, or regulating the keeping of records, by persons who use a protected geographical indication in relation to any specified goods:
j: Authorising and regulating the inspection of records kept pursuant to regulations made under paragraph (i)
k: 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:
l: Prescribing the manner of publication required under sections 16 17 18
m: Giving effect, for the purposes of this Act, to the terms of any international agreement:
n: Prescribing offences in respect of the contravention of regulations made under this section and prescribing the fines, not exceeding $3,000, that may be imposed in respect of any such offence:
o: Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
21: Amendment to
New Zealand Geographic Board Act 1946 Section 8 New Zealand Geographic Board Act 1946 subsection (1)
1A: The Board shall also:
a: Have the functions given to it by the Geographical Indications Act 1994:
b: Provide maps or other documents that show the boundaries relating to geographical indications determined under the Geographical Indications Act 1994.
22: Amendment to
Ombudsmen Act 1975 Part 2 Ombudsmen Act 1975 Geographical indications committees established under the Geographical Indications Act 1994.