Geographical Indications (Wine and Spirits) Registration Act 2006

1: Title
This Act is the Geographical Indications (Wine and Spirits) Registration Act 2006.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions.
3: Any provision of this Act that is not already in force on 1 July 2018 comes into force on that date.
4: An order under this section is secondary legislation ( see Part 3 OIC LI 2017/145 2017-07-27 Geographical Indications (Wine and Spirits) Registration Act 2006 Commences the remaining provisions of this Act that have not earlier been brought into force. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. 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 Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(3) brought into force 27 July 2017 clause 2 Geographical Indications (Wine and Spirits) Registration Act Commencement Order 2017 Section 2(1) brought into force 14 April 2008 clause 2 Geographical Indications Act 1994 Repeal Order 2008 Section 2(3) inserted 26 November 2016 section 4 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purposes of this Act are to—
a: contribute to the development and continual growth of, and innovation in, the wine and spirits industries in New Zealand by providing a suitable legal framework for the registration of geographical indications; and
b: provide a sound trading and marketing environment that facilitates, rather than creates barriers to, the trade in wine and spirits; and
c: protect the interests of consumers of wine and spirits in New Zealand by providing assurance that a wine or spirit using a registered geographical indication originates in the territory, region, or locality to which the registered geographical indication relates; and
d: facilitate the purposes set out in paragraphs (a), (b), and (c) in a manner consistent with New Zealand’s rights and obligations under the TRIPS Agreement. Section 3(c) replaced 26 November 2016 section 5 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 3(d) inserted 26 November 2016 section 5 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
4: Interpretation
In this Act, unless the context requires otherwise,— bottled committee section 53 country court enduring New Zealand geographical indication section 6A foreign geographical indication section 6(3) foreign registered geographical indication section 7(3) geographical indication section 6(1) homonymous geographical indication section 19(2) international agreement ministry New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa section 7(1) New Zealand geographical indication section 6(2) New Zealand registered geographical indication section 7(2) person prescribed section 57 register section 42 registered geographical indication section 7(1) registrant Registrar section 34 spirit Surveyor-General section 5 trade TRIPS Agreement wine grape wine section 4(1) working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: the day observed in the appropriate area as the anniversary of the province of which the area forms part; and
c: a day in the period beginning with 25 December in any year and,—
i: except in section 49
ii: in section 49 WTO Agreement Section 4 enduring New Zealand geographical indication inserted 26 November 2016 section 6(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 4 homonymous geographical indication inserted 26 November 2016 section 6(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 4 New Zealand Geographic Board repealed 26 November 2016 section 6(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 4 New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa inserted 26 November 2016 section 6(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 4 registrant inserted 26 November 2016 section 6(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 4 Registrar amended 26 November 2016 section 6(3) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 4 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 Section 4 working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
5: Act binds the Crown
This Act binds the Crown.
2: Registered geographical indications
Nature of registered geographical indication
6: What is geographical indication?
1: A geographical indication
2: A New Zealand geographical indication
3: A foreign geographical indication
6A: What is enduring New Zealand geographical indication?
1: An enduring New Zealand geographical indication
a: is one of the following New Zealand geographical indications:
i: New Zealand:
ii: North Island:
iii: South Island; and
b: must be treated as—
i: a registered geographical indication under section 8
ii: being registered on and from the date of commencement of this section; and
c: is to be recorded in Part 1 of the register.
2: An enduring New Zealand geographical indication is not subject to the following provisions:
a: section 9A
b: section 45
c: section 46 Section 6A inserted 26 November 2016 section 7 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
7: What is registered geographical indication?
1: A registered geographical indication section 8
2: A New Zealand registered geographical indication section 8
3: A foreign registered geographical indication section 8
4: However, this section is subject to section 47D Section 7(4) inserted 13 January 2020 section 41 Regulatory Systems (Economic Development) Amendment Act 2019 Registration
8: Registration
1: The Registrar registers a geographical indication by entering it in the register.
2: The Registrar may register a geographical indication except in the cases set out in sections 10 to 17 Section 8(2) amended 26 November 2016 section 8 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
9: Date of registration
1: A registered geographical indication is deemed to be registered on and from the date of the application for registration.
2: The Registrar must not register a geographical indication until 6 months after the date of the application for registration.
3: The date of the application for registration is the date when the Registrar receives the application. Duration of registration Heading inserted 26 November 2016 section 9 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
9A: Duration of registration
1: The registration of a geographical indication is effective for a period of 5 years commencing on the deemed date of registration.
2: The registration of a geographical indication may be renewed under section 47A
3: This section does not affect a geographical indication that ceases to be registered before the expiry of the 5-year period referred to in subsection (1). 2002 No 49 s 57 Section 9A inserted 26 November 2016 section 9 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Restrictions on registration
10: Geographical indication identical to registered geographical indication
The Registrar must not register—
a: a geographical indication for a wine that is identical to a registered geographical indication for a wine in respect of the same or a similar geographical origin:
b: a geographical indication for a spirit that is identical to a registered geographical indication for a spirit in respect of the same or a similar geographical origin.
11: Geographical indication identical to customary name of grape variety
The Registrar must not register a geographical indication if it is identical to the customary name of a grape variety existing in New Zealand on 1 January 1995.
12: Geographical indication identical to common name for wine or spirit
The Registrar must not register—
a: a geographical indication for a wine if it is identical to the term customary in common language as the common name of a wine in New Zealand:
b: a geographical indication for a spirit if it is identical to the term customary in common language as the common name of a spirit in New Zealand.
13: Foreign geographical indication
The Registrar must not register a foreign geographical indication that is not, or has ceased to be, protected in its country of origin or that has fallen into disuse in that country.
13A: No registration of geographical indication if use or registration likely to be offensive
The Registrar must not register a geographical indication if its use in relation to wine or spirits or its registration would, in the opinion of the Registrar, be likely to offend a significant section of the community, including Māori. 2002 No 49 s 17(1)﻿(c) Section 13A inserted 26 November 2016 section 10 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
14: No registration of geographical indication if identical to trade mark for identical goods or services
1: The Registrar must not register a geographical indication if it is identical to a trade mark and the trade mark is registered in New Zealand in respect of identical goods or services.
2: The Registrar must not register a geographical indication if—
a: it is identical to a trade mark; and
b: the owner of the trade mark has in good faith applied for the registration in New Zealand of the trade mark in respect of identical goods or services; and
c: the trade mark's deemed date of registration (as defined in section 5
3: The Registrar must not register a geographical indication if it is identical to a trade mark and rights to the trade mark have been acquired through use in New Zealand in good faith in respect of identical goods or services.
15: No registration of geographical indication if identical to trade mark for similar goods or services
1: The Registrar must not register a geographical indication if—
a: it is identical to a trade mark; and
b: the trade mark is registered in New Zealand in respect of similar goods or services; and
c: its use is likely to deceive or confuse.
2: The Registrar must not register a geographical indication if—
a: it is identical to a trade mark; and
b: the owner of the trade mark has in good faith applied for the registration in New Zealand of the trade mark in respect of similar goods or services; and
c: the trade mark's deemed date of registration (as defined in section 5
d: its use is likely to deceive or confuse.
3: The Registrar must not register a geographical indication if—
a: it is identical to a trade mark; and
b: rights to the trade mark have been acquired through use in New Zealand in good faith in respect of similar goods or services; and
c: its use is likely to deceive or confuse.
16: No registration of geographical indication if similar to trade mark for identical goods or services
1: The Registrar must not register a geographical indication if—
a: it is similar to a trade mark; and
b: the trade mark is registered in New Zealand in respect of identical goods or services; and
c: its use is likely to deceive or confuse.
2: The Registrar must not register a geographical indication if—
a: it is similar to a trade mark; and
b: the owner of the trade mark has in good faith applied for the registration in New Zealand of the trade mark in respect of identical goods or services; and
c: the trade mark's deemed date of registration (as defined in section 5
d: its use is likely to deceive or confuse.
3: The Registrar must not register a geographical indication if—
a: it is similar to a trade mark; and
b: rights to the trade mark have been acquired through use in New Zealand in good faith in respect of identical goods or services; and
c: its use is likely to deceive or confuse.
17: No registration of geographical indication if similar to trade mark for similar goods or services
1: The Registrar must not register a geographical indication if—
a: it is similar to a trade mark; and
b: the trade mark is registered in New Zealand in respect of similar goods or services; and
c: its use is likely to deceive or confuse.
2: The Registrar must not register a geographical indication if—
a: it is similar to a trade mark; and
b: the owner of the trade mark has in good faith applied for the registration in New Zealand of the trade mark in respect of similar goods or services; and
c: the trade mark's deemed date of registration (as defined in section 5
d: its use is likely to deceive or confuse.
3: The Registrar must not register a geographical indication if—
a: it is similar to a trade mark; and
b: rights to the trade mark have been acquired through use in New Zealand in good faith in respect of similar goods or services; and
c: its use is likely to deceive or confuse.
18: When restrictions on registration as geographical indication do not apply in relation to trade mark
1: The restrictions in sections 14 to 17
a: the owner of the trade mark has consented to its registration as a geographical 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 Zealand:
b: recognition of the geographical indication in New Zealand as a geographical indication:
c: the legitimate interests of the owner of the trade mark and of third parties:
d: any other relevant factors. Registration of homonymous geographical indication
19: Registrar may register homonymous geographical indication
1: The Registrar may register a homonymous geographical indication under section 8
2: A homonymous geographical indication
a: a geographical indication for a wine that has the same spelling as, or sounds the same as,—
i: a registered geographical indication for a wine having a different geographical origin; or
ii: a geographical indication for a wine having a different geographical origin for which an application for registration under section 36
b: a geographical indication for a spirit that has the same spelling as, or sounds the same as,—
i: a registered geographical indication for a spirit having a different geographical origin; or
ii: a geographical indication for a spirit having a different geographical origin for which an application for registration under section 36
20: Registrar may impose conditions when registering homonymous geographical indication
1: For the purposes of section 19 sections 46 47
2: In deciding what conditions (if any) to impose under subsection (1), the Registrar must take into account—
a: the need for the equitable treatment of the producers of the wines or spirits to which the geographical indications relate; and
b: the need to ensure that consumers are not misled. Restrictions on use of registered geographical indications
21: Restriction on use of New Zealand registered geographical indication for wine
A person may use a New Zealand registered geographical indication or indications in trade in New Zealand in relation to a wine only if—
a: at least 85% of the wine is obtained from grapes harvested in the place or places of
ab: all of the constituent remainder of the wine referred to in paragraph (a) (if any) is obtained from grapes harvested in New Zealand; and
b: the New Zealand registered geographical indication or indications are used in accordance with their registration in New Zealand. Section 21(a) amended 26 November 2016 section 11(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 21(ab) inserted 26 November 2016 section 11(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
22: Restriction on use of foreign registered geographical indication for wine
A person may use a foreign registered geographical indication or indications in trade in New Zealand in relation to a wine only if—
a: that wine originated in the place or places of
b: the foreign registered geographical indication or indications are used in accordance with—
i: the scope of their protection in their country of origin (including any conditions as to their use imposed by their country of origin); and
ii: their registration in New Zealand (including any conditions imposed by the Registrar). Section 22(a) amended 26 November 2016 section 12(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 22(b) replaced 26 November 2016 section 12(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
23: Restriction on use of New Zealand registered geographical indication for spirit
A person may use a New Zealand registered geographical indication or indications in trade in New Zealand in relation to a spirit only if—
a: that spirit originated in the place of
b: the New Zealand registered geographical indication or indications are used in accordance with their registration in New Zealand. Section 23(a) amended 26 November 2016 section 13 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
24: Restriction on use of foreign registered geographical indication for spirit
A person may use a foreign registered geographical indication or indications in trade in New Zealand in relation to a spirit only if—
a: that spirit originated in the place or places of
b: the foreign registered geographical indication or indications are used in accordance with—
i: the scope of their protection in their country of origin (including any conditions as to their use imposed by their country of origin); and
ii: their registration in New Zealand (including any conditions imposed by the Registrar). Section 24(a) amended 26 November 2016 section 14(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 24(b) replaced 26 November 2016 section 14(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
25: Additional rules relating to restrictions on use
The restrictions in sections 21 to 24
a: the true place of origin
b: the registered geographical indication is used in translation; or
c: the use of the registered geographical indication is accompanied by any of the words kind type style imitation Section 25(a) amended 26 November 2016 section 15 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
26: Use of certain information not use of registered geographical indication
For the purposes of sections 21 to 25 A
a: A's name or the name of A's predecessor in business:
b: a statement indicating the address where the wine or spirit was produced or bottled. When restrictions on use of registered geographical indication do not apply
27: Wine or spirit never in New Zealand or in transit only
The restrictions on the use of a registered geographical indication in sections 21 to 24
a: never in New Zealand; or
b: in New Zealand only for the purpose of transit from one country to another, neither of which is New Zealand.
28: Bottling pre-dating registration of registered geographical indication
The restrictions on the use of a registered geographical indication in sections 21 to 24
29: Continuous use
1: The restrictions in sections 21 to 24 term
a: that person or entity—
i: is using the term in trade; and
ii: has used the term in trade in a continuous manner at least from 15 April 1984; or
b: that person or entity—
i: is using the term in trade; and
ii: has used the term in trade in a continuous manner in good faith since before 15 April 1994.
1A: The restrictions in sections 21 to 24
a: is using the term in trade; and
b: has used the term in trade in a continuous manner since acquiring the right to trade in a wine or spirit to which the exemption in subsection (1) applies.
2: In subsections (1) and (1A) New Zealand person or entity
a: the Government of New Zealand:
b: a New Zealand citizen:
c: in the case of a natural person, a person who is ordinarily resident or domiciled in New Zealand:
d: a body corporate established by or under New Zealand law:
e: an unincorporated association established in New Zealand:
f: an association of any of the persons or entities in paragraphs (a) to (e). TRIPS Agreement art 24(4) Section 29(1) replaced 26 November 2016 section 16(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 29(1A) inserted 26 November 2016 section 16(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 29(2) amended 26 November 2016 section 16(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 29 compare note inserted 26 November 2016 section 16(3) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
30: Trade mark pre-dating registration of registered geographical indication
1: The restrictions on the use of a registered geographical indication in sections 21 to 24
a: the trade mark has been registered in New Zealand; or
b: registration of the trade mark in New Zealand has been applied for in good faith; or
c: rights to the trade mark have been acquired by use in New Zealand in good faith.
2: In subsection (1) effective date
31: Use of registered geographical indication in unregistered trade mark after 5 years after adverse use generally known
1: The restrictions on the use of a registered geographical indication in sections 21 to 24
2: In subsection (1), adverse use sections 21 to 24
32: Unregistered geographical indication homonymous with registered geographical indication
1: This section applies when a registered geographical indication and an unregistered geographical indication are homonymous.
2: The restrictions on the use of a registered geographical indication in sections 21 to 24 place of Section 32(2) amended 26 November 2016 section 17 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
32A: Use of words
New Zealand Despite sections 21 23 New Zealand
a: to comply with other laws or regulations to denote the country of origin; and
b: in the course of trade and not in such a manner as to mislead the public. Section 32A inserted 26 November 2016 section 18 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Effect of breach of restriction
33: Breach of restriction on use of registered geographical indication is breach of Fair Trading Act 1986
A person who contravenes any of sections 21 to 24 section 9 Registrar
34: Registrar
1: The chief executive of the ministry must, under the Public Service Act 2020
2: The Registrar must be an officer or employee of the ministry, and his or her appointment may be held either separately or in conjunction with any other office in the ministry. Section 34(1) replaced 26 November 2016 section 19 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 34(1) amended 7 August 2020 section 135 Public Service Act 2020
35: Registrar's seal
1: The Registrar must have and use a seal of office bearing the impression of the New Zealand Coat of Arms and having inscribed in the margin the words Registrar of
2: 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,—
a: must be received in evidence; and
b: in the absence of proof to the contrary, must be treated as having been signed or issued by or under the direction of the Registrar. Section 35(1) amended 26 November 2016 section 20 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
35A: Power of Registrar to delegate
1: The Registrar may delegate to any person any of the Registrar’s functions, duties, and powers, except this power of delegation.
2: The delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions that the Registrar thinks fit; and
c: is revocable, at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Registrar.
3: A person to whom any functions, duties, or powers are delegated may perform those functions and duties and exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation must, in the absence of 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 his or her power in respect of a thing delegated to that person. Section 35A inserted 26 November 2016 section 21 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Process of registration
36: Interested person may apply for registration of geographical indication
An interested person may apply in the prescribed form and on payment of the prescribed fee for the registration of a geographical indication.
36A: Registrar may amend application to substitute applicant
1: The Registrar may, on the application of an interested person ( A B
a: by removing B’s name and address; and
b: by entering A’s name and address as the substitute applicant.
2: The Registrar may exercise the powers under subsection (1) only—
a: if—
i: B consents to A being the substitute applicant; or
ii: B has died or ceased to exist; and
b: if the application is made in accordance with regulations made under section 57(1)﻿(ea) Section 36A inserted 26 November 2016 section 22 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
36B: Registrar must give public notice of accepted application
1: The Registrar must give public notice of an application for registration of a geographical indication that the Registrar has accepted.
2: The public notice must be given in the format, manner, and frequency that the Registrar thinks appropriate. 2002 No 49 s 46 r 161 Section 36B inserted 26 November 2016 section 22 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
36C: Interested person may oppose accepted application
An interested person may, in accordance with any prescribed requirements, oppose an application for registration of a geographical indication that the Registrar has accepted. 2002 No 49 s 47 s 92 Section 36C inserted 26 November 2016 section 22 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
37: Registrar must deal with application according to prescribed procedure
1: The Registrar must deal with the application according to the procedure prescribed by regulations made under section 57
2: Those regulations may include regulations for—
a: the acceptance or rejection of the application:
b: opposition, and determination of opposition, to an accepted application:
c: registration:
d: any other steps to be taken in dealing with the application.
38: Priority
1: The first application for the registration of a geographical indication received by the Registrar has priority over any subsequent application for registration of an identical geographical indication—
a: in respect of the same good (that is, wine or spirit); and
b: having the same or a similar geographical origin.
2: The Registrar must reject any subsequent application received before the Registrar has accepted or rejected the first application.
39: Registrar may obtain advice and consult
If the Registrar thinks it necessary, the Registrar may obtain advice on, and may consult about, any matter relating to—
a: an application for the registration of a geographical indication, including opposition to an accepted application; or
b: the registrability of a geographical indication; or
c: alterations to a registered geographical indication; or
d: the removal of a registered geographical indication from the register.
39A: Function of advisory committee appointed under Trade Marks Act 2002
It is a function of an advisory committee appointed under section 177(1) 2002 No 49 s 178 Section 39A inserted 26 November 2016 section 23 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
40: Hearing before exercise of Registrar's discretion
1: The Registrar must not, without giving an interested person an opportunity of being heard, adversely exercise any discretionary or other power under this Act or regulations made under this Act in relation to—
a: a registered geographical indication; or
b: a geographical indication that is the subject of an application for registration under section 8
2: Regulations made under section 57
41: Conditions of use
The Registrar may register a geographical indication with conditions as the Registrar thinks fit, including conditions on the use of the geographical indication. Register of registered geographical indications
42: Register
1: The Registrar must establish and maintain a register of registered geographical indications.
2: The register must contain 3 parts, as follows:
a: Part 1, for enduring New Zealand geographical indications:
b: Part 2, for all registered geographical indications except those to which paragraphs (a) and (c)
c: Part 3, for geographical indications that have been registered in accordance with regulations made under section 57(1)﻿(j)
3: The register must specify, in respect of each registered geographical indication,—
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
c: any conditions that relate to it; and
ca: the name and address of the registrant; and
d: the date of registration (except in the case of an enduring New Zealand geographical indication); and
e: if the geographical indication’s status is registered-past expiry date (as defined in section 47D
4: The register may be kept in any manner that the Registrar thinks fit, including, either wholly or partly, by means of a device or facility—
a: that records or stores information electronically or by other means; and
b: that permits the information so recorded or stored to be readily inspected or reproduced in usable form.
5: The register is prima facie evidence of any matters required or authorised by or under this Act to be entered in it. Section 42(2) replaced 26 November 2016 section 24(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 42(3)﻿(b) amended 26 November 2016 section 24(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 42(3)﻿(ca) inserted 26 November 2016 section 24(3) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 42(3)﻿(d) replaced 26 November 2016 section 24(4) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 42(3)﻿(d) amended 13 January 2020 section 42(1) Regulatory Systems (Economic Development) Amendment Act 2019 Section 42(3)﻿(e) inserted 13 January 2020 section 42(2) Regulatory Systems (Economic Development) Amendment Act 2019
43: Public access to register
1: The Registrar must allow access to the register during each working day, at the times determined by the
2: The Registrar must provide a copy, or a certified copy, of any particulars on the register to any person who applies for it and pays the prescribed fee (if any).
3: A certified copy of particulars on the register signed by the Registrar and sealed with the Registrar's seal is conclusive evidence for all purposes that the particulars on the certified copy have been duly registered. Section 43(1) amended 26 November 2016 section 25 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
44: Registrar may correct obvious errors or omissions
If satisfied that there is an obvious error in, or omission from, the register, the Registrar may correct it.
45: Removal from register
1: The Registrar may remove a registered geographical indication from the register if satisfied that any of the following grounds exist:
a: in the case of a foreign geographical indication, it is not, or has ceased to be, protected in its country of origin:
b: it has fallen into disuse in its country of origin:
c: it should not have been registered because it did not meet the requirements of the definition of a geographical indication in section 6(1)
d: it should not have been registered because it fell under 1 or more of the restrictions in sections 10 to 17
e: it has become a term customary in common language as the common name for a wine or spirit in New Zealand.
2: The Registrar may remove a registered geographical indication under subsection (1) on his or her own initiative, or on the application of any interested person.
3: The Registrar may refuse an application for removal that in the Registrar's opinion is vexatious or frivolous.
4: The Registrar must remove a registered geographical indication from the register when required to do so under section 47C(2) Section 45(1)﻿(d) amended 26 November 2016 section 26(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 45(4) inserted 26 November 2016 section 26(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 45(4) amended 13 January 2020 section 43 Regulatory Systems (Economic Development) Amendment Act 2019
45A: Notice of proposed removal
1: If the Registrar proposes on his or her own initiative to remove a registered geographical indication from the register under section 45(1)
a: notify the registrant of the grounds of the proposed removal; and
b: give public notice of the proposed removal.
2: If the Registrar receives an application to remove a registered geographical indication from the register, the Registrar must,—
a: if the applicant is not the registrant, send a copy of the application to the registrant; and
b: give public notice of the proposed removal.
3: The public notice must be given in the format, manner, and frequency that the Registrar thinks appropriate. Section 45A inserted 26 November 2016 section 27 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 45A(1) amended 13 January 2020 section 44 Regulatory Systems (Economic Development) Amendment Act 2019
45B: Interested person may oppose proposed removal
If the Registrar gives notice of the proposed removal of a registered geographical indication under section 45A Section 45B inserted 26 November 2016 section 27 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
46: Alteration of register
1: The Registrar may, on his or her own initiative or on the application of an interested person, alter a registered geographical indication, or the conditions or boundaries relating to a registered geographical indication, if the Registrar is satisfied that—
a: the alteration is necessary; and
b: the alteration will not substantially alter the character of the geographical indication; and
c: the alteration is not likely to mislead the public.
1A: The Registrar may, on the application of a registrant, alter the registrant’s name or address on the register in relation to a specified registered geographical indication.
1B: The Registrar may, on the application of an interested person (other than the registrant), alter the register in relation to a specified registered geographical indication—
a: by removing the registrant’s name and address; and
b: by entering the applicant’s name and address as the substitute registrant.
1C: The Registrar may exercise the powers under subsection (1B) only—
a: if—
i: the registrant consents to the interested person being the substitute registrant; or
ii: the registrant has died or ceased to exist; and
b: if the application is made in accordance with regulations made under section 57(1)﻿(ea)
2: The Registrar may refuse an application for alteration that in the Registrar's opinion is vexatious or frivolous. Section 46(1) replaced 26 November 2016 section 28(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 46(1A) inserted 26 November 2016 section 28(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 46(1B) inserted 26 November 2016 section 28(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 46(1C) inserted 26 November 2016 section 28(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
46A: Notice of proposed alteration
1: If the Registrar proposes on his or her own initiative to alter a registered geographical indication, or the conditions or boundaries relating to a registered geographical indication, the Registrar must—
a: notify the registrant of the grounds of the proposed alteration; and
b: give public notice of the proposed alteration.
2: If the Registrar receives an application to alter a registered geographical indication, or the conditions or boundaries relating to a registered geographical indication, the Registrar must,—
a: if the applicant is not the registrant, send a copy of the application to the registrant; and
b: give public notice of the proposed alteration.
3: The public notice must be given in the format, manner, and frequency that the Registrar thinks appropriate. Section 46A inserted 26 November 2016 section 29 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
46B: Interested person may oppose proposed alteration
If the Registrar gives notice of the proposed alteration of a registered geographical indication or the conditions or boundaries relating to a registered geographical indication under section 46A 2013 No 68 s 87 Section 46B inserted 26 November 2016 section 29 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
46C: Alteration of register concerning certain inconsistent information
1: This section applies if information in the register relating to a person is inconsistent with the primary business data of that person in the New Zealand Business Number Register.
2: If this section applies, the Registrar may, in the prescribed manner (if any), alter the information in the register so that it is consistent with the primary business data in the New Zealand Business Number Register.
3: In this section, primary business data section 20(2) 2002 No 49 s 78A Section 46C inserted 26 November 2016 section 29 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
47: Procedure for removal or alteration
1: Before removing a registered geographical indication from the register or altering the register, the Registrar must follow the procedure prescribed by regulations made under section 57
2: Those regulations may include regulations for—
a:
b: opposition, and determination of opposition, to the removal or alteration:
c: any other steps to be taken in effecting the removal or alteration.
3: This section does not affect the power of the Registrar to remove a registered geographical indication from the register in accordance with section 45(4) Section 47(2)﻿(a) repealed 26 November 2016 section 30(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 47(3) inserted 26 November 2016 section 30(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Renewal of registration Heading inserted 26 November 2016 section 31 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
47A: Renewal of registration
1: On application by an interested person, the Registrar must renew the registration of a registered geographical indication.
2: An application for renewal must be made to the Registrar—
a: not more than 12 months before, and not more than 6 months after, the date on which the registration expires (the expiry date
b: in the prescribed manner.
3: The renewed registration is effective for a period of 10 years commencing on the expiry date. Section 47A replaced 13 January 2020 section 45 Regulatory Systems (Economic Development) Amendment Act 2019
47B: Notice of pending expiration of registration of geographical indication
1: If no application to renew the registration of a geographical indication has been made,
a: give notice in writing of the pending expiration of the geographical indication—
i: to the registrant; and
ii: to other persons and organisations that the Registrar considers are representative of the producers of the wine or spirits to which the geographical indication relates; and
b: give public notice of the pending expiration of the geographical indication.
2: A notice under subsection (1) must—
aaa: be given at least the prescribed period before the registration’s expiry date; and
a: be in the prescribed form (if any); and
b: at a minimum, state—
i: the date on which the registration of the geographical indication will expire; and
ii: any conditions as to the payment of fees (including the amount of any renewal fee)
iii: that,—
A: if the registration is not renewed before its expiry date, the register will be changed to record that the geographical indication’s status is registered-past expiry date; and
B: if the registration has still not been renewed 6 months after the expiry date, the geographical indication will be removed from the register. 2002 No 49 s 59 Section 47B inserted 26 November 2016 section 31 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 47B(1) amended 13 January 2020 section 46(1) Regulatory Systems (Economic Development) Amendment Act 2019 Section 47B(2)﻿(aaa) inserted 13 January 2020 section 46(2) Regulatory Systems (Economic Development) Amendment Act 2019 Section 47B(2)﻿(b)﻿(ii) amended 13 January 2020 section 46(3) Regulatory Systems (Economic Development) Amendment Act 2019 Section 47B(2)﻿(b)﻿(iii) replaced 13 January 2020 section 46(4) Regulatory Systems (Economic Development) Amendment Act 2019
47C: Procedure if registration not renewed
1: If the registration of a geographical indication is not renewed before its expiry date, the Registrar must record on the register that its status is registered-past expiry date (until the registration is renewed or it is removed from the register).
2: The Registrar must remove the geographical indication from the register if—
a: notice has been given under section 47B
b: 6 months have elapsed since the registration’s expiry date; and
c: the registration has not been renewed. Section 47C replaced 13 January 2020 section 47 Regulatory Systems (Economic Development) Amendment Act 2019 Restoration to register Heading repealed 13 January 2020 section 47 Regulatory Systems (Economic Development) Amendment Act 2019
47D: Effect of registered-past expiry date status
1: A geographical indication has the status of registered-past expiry date
a: the geographical indication’s registration expiry date (referred to in section 47A
b: the geographical indication has not yet been removed from the register.
2: While the geographical indication’s status is registered-past expiry date, the geographical indication—
a: is not a registered geographical indication for the purposes of sections 21 to 24
b: is a registered geographical indication for all other purposes.
3: If the geographical indication’s registration is renewed before it is removed from the register under section 47C(2)
a: the renewed registration takes effect from the expiry date ( see section 47A(3)
b: the geographical indication is taken to have remained a registered geographical indication for all purposes from that date as if its status had not changed. Section 47D replaced 13 January 2020 section 47 Regulatory Systems (Economic Development) Amendment Act 2019 Appeals
48: Appeals in relation to Registrar's decisions
A person who is aggrieved by a decision of the Registrar under this Act may appeal to the court.
49: Notice of appeal
Notice of an appeal under section 48
50: Hearing of appeal
1: On an appeal, the court must hear the Registrar and the parties.
2: An appeal must be heard only on the materials stated by the Registrar unless a party, either in the manner prescribed or by leave of the court, brings forward further material for the consideration of the court.
3: In the case of an appeal against the acceptance of an application for registration of a geographical indication, or the registration of a geographical indication,—
a: no further grounds are permitted by the person opposing the application or registration, other than those stated by the person opposing, except with the permission of the court; and
b: if further grounds of objection are permitted, the applicant for registration may, on giving notice as prescribed in regulations made under section 57
51: Determination of appeal
In determining an appeal, the court may—
a: confirm, modify, or reverse the Registrar's decision or any part of it:
b: exercise any of the powers that could have been exercised by the Registrar in relation to the matter to which the appeal relates.
52: Provisions pending determination of appeal
The decision to which an appeal under this Act relates remains in full force pending the determination of the appeal unless the court orders otherwise. Geographical indications committees
53: When Registrar may establish geographical indications committee
1: The Registrar may, if the Registrar thinks fit, establish a geographical indications committee in relation to an application for 1 or more of the following:
a: registration of a geographical indication:
b: alteration of a registered geographical indication:
c: removal of a registered geographical indication from the register.
2: In deciding whether or not to establish a geographical indications committee under subsection (1) in relation to an application for registration of a geographical indication, the Registrar must have regard to the following factors:
a: whether any person opposes or, in the opinion of the Registrar, is likely to oppose the application for registration:
b: whether the application is supported by the relevant national and regional organisations representing the wine or spirits industry, as the case may be:
c: whether there are any existing trade mark rights that may need to be taken into account in considering the application:
d: whether there are any existing homonymous geographical indications:
e: whether, if the application is successful, the geographical indication might be registered subject to conditions:
f: the history and the current use of the geographical indication in New Zealand and the country of origin:
g: any other factors that the Registrar considers relevant.
3: The function of the committee is to advise the Registrar on issues relating to the matters specified in subsection (1), including—
a: the boundaries of a geographical indication; and
b: the use of a place name as a geographical indication. Section 53(3) replaced 26 November 2016 section 32 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
54: Membership of committee
1: The Registrar may at any time appoint a member of the committee.
2: Each committee must include the following members:
a: the Surveyor-General (or the Surveyor-General's representative) acting in his or her capacity as Surveyor-General:
b: a member of the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa
c: 1 or more persons who, in the Registrar's opinion, have appropriate knowledge of the wine or spirits industry, as the case may be.
3: Subsection (2)﻿(a) or (b) does not apply if the matter on which the Registrar requires advice does not relate to boundaries or place names respectively.
4: In appointing a person under subsection (2)﻿(c), the Registrar must first consult the relevant national and regional organisations representing the wine or spirits industry, as the case may be.
5: The Registrar may appoint as members of the committee any other persons who, in the opinion of the Registrar, have appropriate knowledge or expertise in relation to the matter to be considered by the committee.
6: A member of the committee may resign office by notice in writing to the Registrar. Section 54(2)﻿(b) amended 26 November 2016 section 33 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
55: Discharge of committee or removal of member
1: The Registrar may at any time discharge the committee.
2: The Registrar may at any time remove a member of the committee, except the Surveyor-General, and appoint another person in his or her place.
56: Proceedings of committee
1: Meetings of a committee must be held at the times and places as the committee or the chairperson from time to time decides.
2: The quorum for a meeting of a committee is 3 members.
3: Every question before a committee must be determined by a majority of the votes of the members present at the meeting concerned.
4: The chairperson of a committee has a deliberative vote and, in the case of an equality of votes, a casting vote.
5: Except as provided in this section and in any regulations made under this Act, and subject to any direction given by the Registrar, the committee may regulate its own procedure. Miscellaneous
57: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the form of, and the requirements relating to, applications under this Act:
b: prescribing the procedure for dealing with an application for registration of a geographical indication:
c: prescribing any transitional arrangements for making or dealing with an application for registration of a geographical indication:
d: prescribing the procedure relating to the removal of a registered geographical indication from the register:
e: prescribing the procedure relating to the alteration of a geographical indication on the register:
ea: prescribing the procedure relating to the alteration of the name and address of an applicant or a registrant (including the substitution of information relating to an applicant or a registrant):
eb: prescribing the manner in which the Registrar may alter the register under section 46C
f: prescribing the procedure for any hearing under this Act:
g: prescribing time and extensions of time in respect of any matters under this Act:
h: specifying conditions relating to 1 or more registered geographical indications:
i: prescribing the matters in respect of which fees are payable under this Act, the amounts of the fees or the methods by which they are to be assessed, and the person to whom the fees are to be paid:
j: giving effect, for the purposes of this Act, to the terms of any international agreement:
k: providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
2: The Governor-General may prescribe any renewal fees under subsection (1)﻿(i) that—
a: recover some or all of the costs incurred by the Registrar in performing his or her functions under this Act:
b: recover those costs at a level that provides an incentive to allow registrations of geographical indications to expire if persons interested in the registration no longer find registration beneficial.
3: Regulations under this section are secondary legislation ( see Part 3 2013 No 68 s 243(2)﻿(b) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. 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 Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 57(1)﻿(ea) inserted 26 November 2016 section 34(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 57(1)﻿(eb) inserted 26 November 2016 section 34(1) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 57(2) inserted 26 November 2016 section 34(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016 Section 57(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 57 compare note inserted 26 November 2016 section 34(2) Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
57A: Recognition of agents
1: Anything that must be done by or to a person under this Act in relation to a geographical indication may be done by or to the person’s expressly authorised agent.
2: Subsection (1) applies only if the agent is not a person whom the Registrar refused to recognise as an agent in accordance with section 57B 2002 No 49 s 190 Section 57A inserted 26 November 2016 section 35 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
57B: Registrar may refuse to recognise person as agent
1: The Registrar may refuse to recognise a person as an agent if that person—
a: is suspended from practice before the Intellectual Property Office of New Zealand; or
b: has his or her registration as a patent attorney suspended or cancelled; or
c: has been removed from or struck off the roll of barristers and solicitors under the provisions of the Lawyers and Conveyancers Act 2006
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 section 298A
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. SR 2003/187 rr 23 24 Section 57B inserted 26 November 2016 section 35 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
57C: Registrar may award costs
1: The Registrar may, in any proceedings before him or her under this Act,—
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. 2013 No 68 s 212 Section 57C inserted 26 November 2016 section 35 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
57D: Registrar may require security for costs
1: The Registrar may require a party to proceedings to give security for the costs of the proceedings if the Registrar is satisfied that—
a: the party does not reside, and does not carry on business, in New Zealand; 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. 2013 No 68 s 213 Section 57D inserted 26 November 2016 section 35 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
57E: Meaning of proceedings for purposes of sections 57C and 57D
For the purposes of sections 57C 57D proceedings section 57
a: for opposition, and determination of opposition, to an accepted application for registration of a geographical indication as referred to in section 37(2)﻿(b)
b: for opposition, and determination of opposition, to the removal or alteration of a registered geographical indication as referred to in section 47(2)﻿(b) Section 57E inserted 26 November 2016 section 35 Geographical Indications (Wine and Spirits) Registration Amendment Act 2016
58: Act does not affect unregistered geographical indication
Nothing in this Act affects a geographical indication that is not a registered geographical indication.
59: Act does not affect Wine Act 2003
Nothing in this Act affects the operation of the Wine Act 2003
60: Act does not affect
joint food standards Nothing in this Act affects the operation of any joint food standard adopted under the Food Act 2014 Section 60 heading amended 1 March 2016 section 447 Food Act 2014 Section 60 amended 1 March 2016 section 447 Food Act 2014
61: Act does not limit Fair Trading Act 1986
Nothing in this Act limits the operation of the Fair Trading Act 1986
62: Geographical Indications Act 1994 repealed
The Geographical Indications Act 1994 SR 2008/64 (PCO 12921) 2008-04-14 Geographical Indications Act 1994
63: Consequential amendments to Trade Marks Act 2002
Amend the Trade Marks Act 2002 Schedule OIC LI 2017/145 2017-07-27 Trade Marks Act 2002
64: Other consequential amendments
1: Section 8
1A: The Board also has the functions given to it by the Geographical Indications (Wine and Spirits) Registration Act 2006 OIC LI 2017/145 2017-07-27 Section 8(1A)
2: Part 2 Geographical indications committees established under the Geographical Indications (Wine and Spirits) Registration Act 2006 OIC LI 2017/145 2017-07-27 Schedule 1 Part 2
3: Schedule 1 Geographical Indications Act 1994 Geographical Indications (Wine and Spirits) Registration Act 2006 OIC LI 2017/145 2017-07-27 Schedule 1