Geographical Indications (Wine and Spirits) Registration Regulations 2017

Version as at 12 April 2022

Coat of Arms of New Zealand

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

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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.

Contents

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