Geographical Indications (Wine and Spirits) Registration Regulations 2017

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Reprint as at 13 January 2020

Geographical Indications (Wine and Spirits) Registration Regulations 2017

(LI 2017/146)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of June 2017

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

These regulations are made under section 57 of the Geographical Indications (Wine and Spirits) Registration Act 2006 on the advice and with the consent of the Executive Council.

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Overview
4	Interpretation
5	Transitional, savings, and related provisions
	Part 2 Application to register geographical indication
	Mandatory requirements
6	Mandatory requirements for application
	New Zealand geographical indication
7	Information required for application to register New Zealand geographical indication
8	Additional information required before application accepted
	Foreign geographical indication
9	Information required for application to register foreign geographical indication
10	Additional information required before application accepted
	Withdrawal or amendment of application
11	Withdrawal of application
12	Correction of application
13	Substitution of applicant
14	Registrar or court may correct application
	Part 3 Procedure for dealing with application to register geographical indication
	Examination and acceptance
15	Examination of application
16	Acceptance of application
	Non-complying application
17	Applicant must be notified of non-complying application
18	Time for response to notice of non-compliance
19	Applicant may request extension of time in relation to notice of non-compliance
20	Abandonment of application
	Extension of time
21	Applicant entitled to 1 extension in certain circumstances
	Revocation of acceptance
22	Revocation of acceptance of application
23	Registrar must notify applicant of intention to revoke acceptance of application
24	Registrar must hold hearing on revocation of acceptance of application
	Rejection of application
25	Rejection of application
26	Registrar must notify applicant of intention to reject application
27	Registrar must hold hearing on rejection of application
	Notice of opposition
28	Opposition to accepted application
29	Extension of time for filing notice of opposition
	Counter-statement to notice of opposition
30	Counter-statement to notice of opposition
	Evidence
31	Opponent’s evidence
32	Applicant may file evidence
33	Opponent may file evidence in reply
	Determination
34	Registrar’s determination on opposition
	Registration
35	When geographical indication must be registered
	Part 4 Renewal of geographical indication
	Renewal [Revoked]
36	Notice of expiry [Revoked]
37	Application to renew registration of geographical indication
	Restoration [Revoked]
38	Notice of pending expiry
	Part 5 Removal of registered geographical indication from register
	Subpart 1—Removal proposed by Registrar
39	Opposition to removal proposed by Registrar
40	Registrar’s determination on opposition to removal proposed by Registrar
	Subpart 2—Application to remove registered geographical indication
	Application
41	Application to remove registered geographical indication
	Opposition to application
42	Opposition to application
	Evidence
43	Applicant’s evidence
44	Opponent may file evidence
45	Applicant may file evidence in reply
	Determination
46	Registrar’s determination on opposition to application to remove registered geographical indication
	Part 6 Alteration of register
	Subpart 1—Alteration to registered geographical indication proposed by Registrar
47	Opposition to alteration proposed by Registrar
48	Registrar’s determination on opposition to alteration proposed by Registrar
	Subpart 2—Application to alter registered geographical indication
	Application
49	Application to alter registered geographical indication
	Opposition to application
50	Opposition to application
	Evidence
51	Applicant’s evidence
52	Opponent may file evidence
53	Applicant may file evidence in reply
	Determination
54	Registrar’s determination on opposition to application to alter registered geographical indication
	Subpart 3—Alterations related to registrant
	Altering details of registrant
55	Change to name or address of registrant
	Substitution of registrant
56	Substitution of registrant
	Part 7 Decisions of Registrar
57	Registrar must notify decision
58	Registrar must give reasons for decision if required
59	Registrar may waive requirement for information
	Part 8 General requirements
	Subpart 1—Applications, requests, and notices to Registrar
	Form and content of documents
60	Documents must be in English or Māori
61	Content of documents filed in proceeding
62	Signatures
63	Electronic documents
	Filing documents
64	How information and documents given to Registrar
65	Document filed when received in proper form by Registrar
66	Evidence must be sent to relevant parties
	Evidence
67	Form of evidence
	Amendment of documents
68	Request to amend documents
69	Request to amend pleadings
	Subpart 2—Addresses
70	Notice of address for service
71	Notice of email address
72	Change of address, etc
	Subpart 3—Agents
73	Agent may act on behalf of principal
74	Registrar may serve and give notices to agent
75	Registrar may require principal to file authority with Registrar in certain cases
76	Notice of revocation or alteration of authority given by principal
77	Notice of revocation of authority given by agent
	Part 9 Proceedings
	Case management
78	Registrar may require parties to attend case management conference
79	Registrar may give directions
80	Parties must comply with Registrar’s directions
81	Compliance with Registrar’s directions
	Halt in proceedings
82	Registrar may halt proceeding
	Consolidation of proceedings
83	Registrar may consolidate proceedings
	Extension of time
84	Registrar may extend time
	Evidence
85	Application to file evidence out of time
86	Evidence restricted to particulars filed
	Part 10 Hearings
	Form of hearing
87	Form of hearing
88	Registrar may determine form of hearings, etc
	Hearing by appearance
89	Notice of hearing by appearance
90	Venue for hearing by appearance
91	Conduct of hearing by appearance
	Hearing before exercise of Registrar’s discretion or other power
92	Hearing before exercise of Registrar’s discretion or other power
	Hearing fee
93	Hearing fee
	Part 11 Fees
94	Amount of fees
95	Registrar may refuse to take step before fee paid
96	Invoice for fees
97	Time for payment
98	Extension of time for payment
99	Form of payment
100	Payment of fees
101	Currency
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Fees
	Gazette Information
	Reprint notes

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Geographical Indications (Wine and Spirits) Registration Regulations 2017

Geographical Indications (Wine and Spirits) Registration Regulations 2017

Order in Council

Note

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