Part 2 Application to register geographical indication
Mandatory requirements
6 Mandatory requirements for application
(1)
An application, under section 36 of the Act, to register a New Zealand geographical indication or a foreign geographical indication must—
(a)
be filed with the Registrar; and
(b)
be in a form that is made available by the Registrar; and
(c)
contain, or be accompanied by, the information specified in regulation 7 or 9 (as appropriate).
(2)
An applicant must pay the prescribed fee for an application in accordance with Part 11.
(3)
An application must be given a filing date by the Registrar if—
(a)
the application complies with subclause (1); and
(b)
the applicant pays the prescribed fee for the application in accordance with Part 11.
(4)
An application must not be given a filing date by the Registrar if—
(a)
the application does not comply with subclause (1); or
(b)
the applicant does not pay the prescribed fee for the application in accordance with Part 11.
Compare: SR 2003/187 r 41
New Zealand geographical indication
7 Information required for application to register New Zealand geographical indication
An application to register a New Zealand geographical indication must, when it is filed, contain, or be accompanied by, the following information:
(a)
the geographical indication that the applicant is applying to register:
(b)
geographical co-ordinates, in a form that is approved by the Registrar, that define the boundaries of the territory, region, or locality to which the geographical indication relates:
(c)
a statement as to whether the geographical indication relates to a wine or a spirit:
(d)
a description of any proposed conditions on the use of the geographical indication.
Compare: SR 2003/187 r 42
8 Additional information required before application accepted
(1)
An applicant must, before the application can be accepted, file the following additional information with the Registrar:
(a)
an explanation of the given quality, or reputation, or other characteristic of the wine or spirit that is essentially attributable to the area:
(b)
evidence regarding the given quality, or reputation, or other characteristic described in paragraph (a):
(c)
any other information requested by the Registrar that will assist in the examination of the application.
(2)
An applicant may file any information that is relevant to whether the given quality, or reputation, or other characteristic of the wine or spirit is essentially attributable to the area, including—
(a)
a description of the geological and geographical attributes of the area:
(b)
a description of the history relating to use of a word or expression to indicate the area as a geographical indication:
(c)
a description of the history of the founding and development of the area for the growing of grapes for wine or the production of spirits:
(d)
a description of the viticultural practices, winemaking practices, or spirit-making practices used for making wine or spirits originating in the area:
(e)
evidence in relation to the marketing and sales of wine or spirits originating in the area.
(3)
An applicant may file the information referred to in subclauses (1) and (2) after filing the application.
(4)
In this regulation, area means the territory, region, or locality within the boundaries described in the application.
Compare: SR 2003/187 r 44
Foreign geographical indication
9 Information required for application to register foreign geographical indication
An application to register a foreign geographical indication must, when it is filed, contain, or be accompanied by, the following information:
(a)
the geographical indication that the applicant is applying to register:
(b)
a statement as to whether the geographical indication relates to a wine or a spirit:
(c)
the name of the country of origin in which the geographical indication is protected:
(d)
a statement that the geographical indication is protected in its country of origin and has not fallen into disuse in that country:
(e)
a description of any proposed conditions on the use of the geographical indication in New Zealand:
(f)
a copy of the regulations, rules, or other documents that specify the protection given to the geographical indication in its country of origin (including any conditions on the use of the geographical indication).
Compare: SR 2003/187 r 42
10 Additional information required before application accepted
(1)
An applicant must, before the application can be accepted, file the following additional information with the Registrar:
(a)
an English translation of any foreign words in the geographical indication:
(b)
a transliteration of any foreign characters in the geographical indication:
(c)
any other information requested by the Registrar that will assist in the examination of the application.
(2)
An applicant may file the information referred to in subclause (1) after filing the application.
Compare: SR 2003/187 r 44
Withdrawal or amendment of application
11 Withdrawal of application
An applicant may, at any time, withdraw an application to register a geographical indication by notice to the Registrar.
Compare: 2002 No 49 s 37(1)
12 Correction of application
(1)
An applicant may, at any time, request the Registrar to alter an application to register a geographical indication to correct—
(a)
the name, address for service, or email address of the applicant; or
(2)
The request must contain the correction that is to be made to the application.
(3)
The Registrar may alter the application to make the correction if, in the Registrar’s opinion, the correction does not materially alter the meaning or scope of the application.
Compare: 2002 No 49 s 37(2)
13 Substitution of applicant
(1)
This regulation applies if, under section 36A of the Act, an interested person (A) applies to amend an application made by another interested person (B) to register a geographical indication.
(2)
The application under section 36A of the Act must—
(b)
contain B’s name and address; and
(c)
be accompanied by evidence that A is an interested person; and
(d)
be accompanied by evidence that—
(i)
B consents to A being the substitute applicant; or
(ii)
B has died or ceased to exist.
14 Registrar or court may correct application
The Registrar or the court, as the case may be, may at any time (whether before or after an application to register a geographical indication is accepted) correct an error in connection with the application if, in the Registrar’s or the court’s opinion, the correction does not materially alter the meaning or scope of the application.
Compare: 2002 No 49 s 38
Part 3 Procedure for dealing with application to register geographical indication
Examination and acceptance
15 Examination of application
The Registrar must examine an application to register a geographical indication that has been given a filing date in order to determine whether it complies with the Act and these regulations.
Compare: 2002 No 49 s 39
16 Acceptance of application
The Registrar must, subject to any conditions the Registrar thinks fit, accept an application to register a geographical indication if the Registrar considers that the application complies with the Act and these regulations.
Compare: 2002 No 49 s 40
Non-complying application
17 Applicant must be notified of non-complying application
If the Registrar considers that an application to register a geographical indication does not comply with the Act and these regulations, the Registrar must—
(a)
give the applicant a notice of non-compliance; and
(b)
give the applicant an opportunity to respond to the notice, or to amend the application, within the time specified in the notice.
Compare: 2002 No 49 s 41
18 Time for response to notice of non-compliance
(1)
A notice of non-compliance given under regulation 17 must specify a deadline of not less than 6 months after the notice was given for the applicant to—
(a)
respond to the notice; or
(2)
After each response or amendment by the applicant, the Registrar may, if the application still does not comply with the Act and these regulations,—
(b)
specify a new deadline in accordance with subclause (1).
Compare: SR 2003/187 r 61
19 Applicant may request extension of time in relation to notice of non-compliance
(1)
An applicant may, before the deadline specified in a notice of non-compliance given under regulation 17 has expired, apply to the Registrar for an extension of time to comply.
(2)
The Registrar may, at the Registrar’s discretion, allow an extension for a period that the Registrar considers reasonable.
(3)
The Registrar must not allow an extension if the application for extension is made after the deadline has expired.
Compare: SR 2003/187 r 62
20 Abandonment of application
(1)
The Registrar must treat an application to register a geographical indication as abandoned if, within the time specified in a notice of non-compliance given under regulation 17, the Registrar does not receive a response or an amendment from the applicant.
(2)
However, the Registrar must not treat the application as abandoned if—
(a)
the application is awaiting the outcome of related proceedings that are—
(i)
opposition proceedings, under regulation 28, in respect of a prior application to register a geographical indication; or
(ii)
removal proceedings, under Part 5, in respect of a registered geographical indication; or
(iii)
alteration proceedings, under subpart 1 or 2 of Part 6, in respect of a registered geographical indication; or
(b)
the applicant has, within the time specified in a notice of non-compliance given under regulation 17, notified the Registrar that the application is awaiting the outcome of any proceedings referred to in paragraph (a).
(3)
An applicant who has notified the Registrar under subclause (2)(b) must, as soon as practicable, notify the Registrar of the outcome of the proceedings.
(4)
The Registrar must, after being notified of the outcome of the proceedings, extend the deadline for compliance by a period that the Registrar considers reasonable.
Compare: 2002 No 49 s 44; SR 2003/187 rr 63, 64
Extension of time
21 Applicant entitled to 1 extension in certain circumstances
(1)
This regulation applies to a deadline for doing anything under these regulations in relation to—
(a)
an application to register a geographical indication, up until the application is accepted; and
(b)
a proposal under regulation 22 to revoke the acceptance of an application.
(2)
If a deadline has expired, an applicant is entitled to an extension of time of not more than 2 months after that expiry if the applicant—
(a)
applies to the Registrar, within 2 months after that expiry, for an extension of time to do the thing; and
(b)
at the time of application, does the thing.
(3)
An applicant is entitled to only 1 extension under this regulation.
Compare: SR 2003/187 r 62A
Revocation of acceptance
22 Revocation of acceptance of application
(1)
The Registrar may revoke the acceptance of an application to register a geographical indication before the geographical indication is registered if the Registrar is satisfied that the application was accepted because of an error or omission by the Registrar.
(2)
If the Registrar revokes the acceptance of an application,—
(a)
the application is to be treated as if it had not been accepted; and
(b)
the Registrar must examine the application under regulation 15 again.
Compare: 2002 No 49 s 42
23 Registrar must notify applicant of intention to revoke acceptance of application
(1)
The Registrar must notify the applicant if the Registrar proposes to revoke acceptance of an application under regulation 22.
(2)
The notice must—
(b)
specify the ground or grounds for revocation; and
(c)
advise the applicant that the applicant may request a hearing; and
(d)
specify a period of not less than 1 month after the applicant has received the notice during which the applicant may request a hearing; and
(e)
advise the applicant that the Registrar will revoke acceptance at the end of that period if the applicant has not requested a hearing.
Compare: SR 2003/187 r 71
24 Registrar must hold hearing on revocation of acceptance of application
The Registrar must, as soon as practicable, hold a hearing in relation to the proposed revocation of acceptance of an application if the applicant requests it.
Compare: SR 2003/187 r 72
Rejection of application
25 Rejection of application
The Registrar must reject an application to register a geographical indication if, within the time specified in a notice given under regulation 26, the applicant does not satisfy the Registrar that the application complies with the requirements of the Act and these regulations for registering a geographical indication.
Compare: 2002 No 49 s 43
26 Registrar must notify applicant of intention to reject application
(1)
The Registrar must notify the applicant if the Registrar proposes to reject an application under regulation 25.
(2)
The notice must—
(b)
specify the ground or grounds for rejection; and
(c)
advise the applicant that the applicant may request a hearing; and
(d)
specify a period of not less than 1 month after the applicant has received the notice during which the applicant may request a hearing; and
(e)
advise the applicant that the Registrar will reject the application at the end of that period if the applicant has not requested a hearing.
Compare: SR 2003/187 r 69
27 Registrar must hold hearing on rejection of application
The Registrar must, as soon as practicable, hold a hearing in relation to the proposed rejection of an application if the applicant requests it.
Compare: SR 2003/187 r 70
Notice of opposition
28 Opposition to accepted application
(1)
An interested person may, under section 36C of the Act, oppose an application to register a geographical indication by filing a notice of opposition.
(2)
The notice of opposition must—
(a)
be filed within 3 months after the date on which acceptance of the application was first publicly notified; and
(b)
be signed by the opponent; and
(c)
contain, or be accompanied by, the following information:
(i)
a statement of the basis on which the opponent claims to be an interested person:
(ii)
the geographical indication to which the opposition relates:
(iii)
the ground or grounds of opposition:
(iv)
if a ground of opposition relates to section 14, 15, 16, or 17 of the Act, the trade mark number of the relevant trade mark:
(v)
the facts on which the opponent relies and the relief sought.
(3)
An opponent must pay the prescribed fee for a notice of opposition in accordance with Part 11.
(4)
The Registrar must, as soon as practicable after a notice of opposition is filed and the prescribed fee has been paid, send a copy of the notice to the applicant.
Compare: 2002 No 49 s 47
29 Extension of time for filing notice of opposition
(1)
The Registrar may, on the request of a person wishing to oppose the application, extend the period for filing a notice of opposition under regulation 28—
(a)
by up to 1 month, without the applicant’s consent; or
(b)
by up to 2 months, with the applicant’s consent.
(2)
The Registrar must not extend the period for filing a notice of opposition if the request for extension is received after the period for filing the notice has expired.
Compare: LI 2014/275 r 93
Counter-statement to notice of opposition
30 Counter-statement to notice of opposition
(1)
The applicant must file a counter-statement within 2 months after the date on which the Registrar sends the notice of opposition to the applicant.
(2)
The counter-statement must—
(a)
be signed by the applicant; and
(b)
contain—
(i)
a response to the opponent’s notice of opposition, by admitting, denying, or claiming lack of knowledge of each assertion made in the notice of opposition; and
(ii)
a brief statement of the facts on which the applicant relies in support of the registration of the geographical indication.
(3)
If the applicant does not file a counter-statement within the period specified in subclause (1), the application must be treated as having been abandoned.
(4)
If the applicant files a counter-statement within the period specified in subclause (1), the Registrar must send a copy of the counter-statement to the opponent.
Compare: SR 2003/187 rr 79, 80, 81
Evidence
31 Opponent’s evidence
(1)
The opponent must, within 4 months after the date on which the Registrar sends a copy of the counter-statement to the opponent,—
(a)
file evidence in support of the opponent’s case; or
(b)
notify the Registrar that the opponent does not intend to file evidence; or
(c)
notify the Registrar that the opponent withdraws the notice of opposition.
(2)
The Registrar must notify the applicant as soon as practicable after the opponent has notified the Registrar that the opponent either does not intend to file evidence or withdraws the notice of opposition.
(3)
The opponent discontinues the opposition if—
(a)
the opponent does not, within the period specified in subclause (1), file evidence or notify the Registrar that the opponent does not intend to file evidence; or
(b)
the opponent notifies the Registrar that the opponent withdraws the opposition.
Compare: SR 2003/187 rr 82, 83
32 Applicant may file evidence
The applicant may file evidence in support of the applicant’s case within 4 months after the date on which the applicant—
(a)
receives a copy of the opponent’s evidence; or
(b)
is notified by the Registrar that the opponent does not intend to file evidence.
Compare: SR 2003/187 r 84
33 Opponent may file evidence in reply
The opponent may, if the applicant has filed evidence in support of the applicant’s case, file evidence strictly in reply within 3 months after the date on which the opponent receives a copy of the applicant’s evidence.
Compare: SR 2003/187 r 85
Determination
34 Registrar’s determination on opposition
The Registrar must—
(a)
hear the parties, if required; and
(b)
consider the evidence; and
(c)
determine whether, and subject to what conditions, if any, the geographical indication is to be registered.
Compare: 2002 No 49 s 49
Registration
35 When geographical indication must be registered
The Registrar must register a geographical indication if the Registrar has accepted the application to register it (and does not propose to revoke acceptance of the application) and—
(a)
no notice of opposition has been given in accordance with regulation 28; or
(b)
1 or more notices of opposition have been given in accordance with regulation 28 but—
(i)
all notices of opposition have been withdrawn; or
(ii)
the Registrar determines, under regulation 34, that the geographical indication is to be registered.
Compare: 2002 No 49 s 50
Part 9 Proceedings
Case management
78 Registrar may require parties to attend case management conference
(1)
The Registrar may, at any stage in a proceeding, give a direction requiring the parties to attend a case management conference to review the proceeding and the steps that have been or must still be taken.
(2)
The Registrar must give each party notice of the conference at least 10 working days before the conference.
(3)
The parties may attend the conference in person or by any method that is acceptable to the Registrar.
Compare: LI 2014/275 r 155
79 Registrar may give directions
(1)
The Registrar may, at any stage in a proceeding, give directions that are consistent with the Act and these regulations and that require a party to do things to secure the just, speedy, and inexpensive determination of the proceeding within a time specified by the Registrar.
(2)
The Registrar may give a direction on the Registrar’s own initiative or on the application of a party to the proceeding.
(3)
Without limiting subclause (1), the Registrar may—
(a)
fix the time by which a step in the proceeding must be taken; and
(b)
specify the steps that must be taken to prepare the proceeding for a hearing; and
(c)
direct how a hearing is to be conducted; and
(d)
require parties to use their best endeavours to agree on how information or evidence that may be confidential or privileged is to be treated; and
(e)
give directions about how information that may be confidential or privileged is to be treated if the parties have not been able to reach an agreement within the time specified by the Registrar; and
(f)
require parties to file copies of documents; and
(g)
require parties to provide other parties to the proceeding with copies of documents; and
(h)
require parties to file better or further particulars; and
(i)
require parties to provide other parties to the proceeding with better or further particulars.
Compare: LI 2014/275 r 156
80 Parties must comply with Registrar’s directions
All parties to a proceeding must comply with a direction given by the Registrar under this Part.
Compare: LI 2014/275 r 157
81 Compliance with Registrar’s directions
(1)
If a party (P) fails to comply with a direction given by the Registrar under this Part, the Registrar must—
(a)
request P to provide an explanation for P’s non-compliance to the Registrar and to the opposite party (if any) within a time specified by the Registrar; and
(b)
in that request, advise P of the potential consequences of non-compliance.
(2)
The opposite party (if any) may provide comments on the explanation to the Registrar within a time limit specified by the Registrar.
(3)
The Registrar must, after considering the explanation (if any) and comments from the opposite party (if any), consider whether P has a reasonable excuse for P’s non-compliance, and—
(a)
notify P and the opposite party (if any) of the decision that the Registrar intends to make; and
(b)
in that notice,—
(i)
advise that each party may request a hearing concerning the non-compliance; and
(ii)
specify a period during which a party may request a hearing concerning the non-compliance, being a period of not less than 10 working days after the date on which the party receives the notice.
(4)
If a party requests a hearing concerning the non-compliance, the Registrar must,—
(a)
as soon as practicable, hold a hearing; and
(b)
make a decision only after holding a hearing.
(5)
If the Registrar’s decision is that P has not satisfied the Registrar that P has a reasonable excuse for P’s non-compliance, the Registrar may, in addition to exercising his or her power under section 57C of the Act,—
(a)
extend the period for P to comply with the direction; or
(b)
modify, or waive compliance with, the direction; or
(c)
direct that P take no further step in the proceeding.
Compare: LI 2014/275 r 158
Halt in proceedings
82 Registrar may halt proceeding
(1)
The Registrar may halt a proceeding, if the Registrar thinks it appropriate, on the application of a party or on the Registrar’s own initiative.
(2)
The Registrar may halt the proceeding for the period and on the terms that the Registrar thinks appropriate, but the Registrar must not halt the proceeding for more than 6 months.
(3)
The Registrar may halt the proceeding for further periods, but on each occasion for not more than 6 months.
(4)
The Registrar may recommence the proceeding at any time while the proceeding is halted.
Compare: LI 2014/275 r 159
Consolidation of proceedings
83 Registrar may consolidate proceedings
(1)
If the Registrar is satisfied that 1 or more of the conditions in subclause (2) have been met, the Registrar may require that—
(a)
2 or more of the proceedings—
(i)
be consolidated on terms that the Registrar thinks appropriate; or
(ii)
be heard at the same time; or
(iii)
be heard one after another; or
(b)
any of the proceedings be halted until after the determination of any other of them.
(2)
The conditions are that, in relation to 2 or more proceedings,—
(a)
a common question of law or fact arises in the proceedings:
(b)
the proceedings relate to identical geographical indications:
(c)
for any other reason it is desirable to consolidate the proceedings under this regulation.
Compare: LI 2014/275 r 160
Extension of time
84 Registrar may extend time
(1)
The Registrar may extend, for a period not exceeding 3 months, the time specified by these regulations for a step to be taken in a proceeding if the Registrar is satisfied that the extension is reasonable in the circumstances.
(2)
The Registrar may extend, for any period specified by the Registrar (whether or not the period is in addition to the period specified in subclause (1)), the time specified by these regulations for a step to be taken in a proceeding if the Registrar is satisfied that there are genuine and exceptional circumstances that justify the extension.
(3)
Subclauses (1) and (2) do not apply in relation to the following:
(c)
a time period, for a step to be taken in a proceeding, that has already expired before an extension request is filed.
(4)
The Registrar may grant an extension under this regulation on any terms that the Registrar considers appropriate.
(5)
If more than 1 extension is granted under subclause (1), the total period of those extensions must not exceed 3 months.
(6)
Despite subclauses (1) and (2), the Registrar may not extend the time specified by these regulations for a step to be taken in a proceeding if these regulations provide that the time must not be extended.
Compare: SR 2003/187 r 32
Evidence
85 Application to file evidence out of time
(1)
A party to a specified proceeding must not file evidence after the prescribed time unless—
(a)
the party applies to the Registrar in accordance with subclause (3); and
(b)
the Registrar allows the evidence to be filed.
(2)
The Registrar may allow the evidence to be filed only if—
(a)
the Registrar considers that there are genuine and exceptional circumstances that justify allowing the evidence to be filed out of time; or
(b)
the evidence could not have been filed earlier.
(3)
An application must—
(a)
be filed with the Registrar; and
(b)
be signed by the applicant; and
(c)
contain—
(i)
the nature of the evidence and whether it is evidence in chief or evidence strictly in reply; and
(ii)
an explanation why the evidence could not have been filed earlier; and
(iii)
any other ground or grounds for making the application.
(4)
The Registrar must notify the opposite party (if any) of the application, and the opposite party may make submissions to the Registrar within the time specified by the Registrar.
(5)
The Registrar must notify the parties of the decision that the Registrar intends to make on the application.
(6)
The notification must—
(a)
specify the ground or grounds on which the Registrar intends to reject or accept the application; and
(b)
advise that each party may request a hearing; and
(c)
specify a period of not less than 1 month after the date of notification for a party to request a hearing; and
(d)
advise the parties that the Registrar will decide the application at the end of that period if a party has not requested a hearing.
(7)
The Registrar must, as soon as practicable, hold a hearing if a party requests it.
(8)
If the Registrar allows a party to file evidence in chief after the prescribed time, the opposite party (if any) may file evidence strictly in reply within 1 month after the date on which the opposite party is notified by the Registrar that the evidence in chief will be allowed to be filed in the proceeding.
(9)
In this regulation,—
prescribed time means, in relation to a specified proceeding, the time prescribed in these regulations by which the evidence or type of evidence must be filed
specified proceeding means any of the following proceedings:
(b)
opposition to a proposal by the Registrar to remove a registered geographical indication (see subpart 1 of Part 5):
(c)
an application to remove a registered geographical indication (see subpart 2 of Part 5):
(d)
opposition to a proposal by the Registrar to alter a registered geographical indication or the conditions or boundaries relating to it (see subpart 1 of Part 6):
(e)
an application to alter a registered geographical indication or the conditions or boundaries relating to it (see subpart 2 of Part 6).
Compare: SR 2003/187 rr 34, 35, 35A
86 Evidence restricted to particulars filed
A party to a proceeding may file evidence only in the proceeding that relates to the particulars filed by that party or any other party to the proceeding.
Compare: LI 2014/275 r 162
Part 10 Hearings
Form of hearing
87 Form of hearing
(1)
A hearing may be—
(a)
a hearing by appearance, that is, the appearance of a party before the Registrar, whether in person or by any other method acceptable to the Registrar; or
(b)
a hearing by submissions, that is, the consideration by the Registrar of written submissions filed by a party and a review of the other documents filed in the proceedings without an appearance; or
(c)
a hearing on the papers, that is, a review of the documents filed in the proceedings.
(2)
A party may, subject to subclause (3), elect whether to be heard by appearance, by submissions, or on the papers.
(3)
If the Registrar considers that a party has failed, without reasonable excuse, to attend a hearing or to agree to a hearing date, the Registrar may, at his or her discretion,—
(a)
direct a hearing on the papers for that party; or
(b)
direct that the party take no further part in the proceeding; or
(c)
treat the request for a hearing as withdrawn.
(4)
Subclause (3)(a) does not prevent any other party to the proceeding being heard by appearance or by submissions.
Compare: LI 2014/275 r 169
88 Registrar may determine form of hearings, etc
(1)
After the relevant evidence has been filed, the Registrar may determine, by correspondence or by holding a pre-hearing conference of the parties, each of the matters specified in subclause (2).
(2)
The matters are as follows:
(a)
whether a hearing is required:
(c)
the time for filing submissions:
(d)
the venue of the hearing:
(e)
any other matters necessary for arranging a hearing.
Compare: LI 2014/275 r 170
Hearing by appearance
89 Notice of hearing by appearance
(1)
The Registrar must give each party to a hearing by appearance notice of the date and venue of the hearing not less than 1 month before the date of the hearing.
(2)
Subclause (1) does not apply if—
(a)
the date and venue have been determined at a pre-hearing conference; or
(b)
the parties waive compliance with subclause (1); or
(c)
in the Registrar’s opinion, notice of 1 month is not practicable for reasons of urgency.
Compare: LI 2014/275 r 171
90 Venue for hearing by appearance
(1)
If 1 party resides or has a principal place of business in Wellington, the hearing must be held—
(b)
at the place in New Zealand (if any) that is agreed by all the parties and the Registrar as the venue for the hearing.
(2)
If no party resides or has a principal place in Wellington, the Registrar must determine where in New Zealand the hearing will be held.
(3)
The Registrar may require the party or parties concerned to pay the Registrar’s costs in holding the hearing at a venue outside Wellington.
Compare: LI 2014/275 r 173
91 Conduct of hearing by appearance
(1)
The Registrar must determine how a hearing by appearance must be conducted.
(2)
Members of the public may attend a hearing by appearance, unless the Registrar decides that it is not appropriate for members of the public to attend.
Compare: LI 2014/275 r 174
Hearing before exercise of Registrar’s discretion or other power
92 Hearing before exercise of Registrar’s discretion or other power
(1)
This regulation applies if section 40 of the Act requires the Registrar to give an interested person an opportunity of being heard before the Registrar adversely exercises any discretionary or other power under the Act or these regulations 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 of the Act.
(2)
If a person wishes to be heard before the power is exercised, the person must file a notice seeking a hearing.
(3)
The notice must—
(a)
state the basis on which the person claims to be an interested person; and
(b)
state the matter in respect of which a hearing is sought; and
(4)
The person must file the notice within 10 working days after receiving notice from the Registrar of the decision that the Registrar proposes to make.
Compare: SR 2003/187 r 123
Hearing fee
93 Hearing fee
(1)
Each party who requests to be heard at any of the following types of hearing must pay the prescribed fee for a hearing by the Registrar in accordance with Part 11:
(b)
any other type of hearing (other than a hearing on the papers).
(2)
The Registrar must refund a fee paid by a party who withdraws from the hearing if the Registrar receives notice of the withdrawal not less than 5 working days before the date set for the hearing.
Compare: LI 2014/275 r 172