Geographical Indications (Wine and Spirits) Registration Regulations 2017, New Zealand, WIPO Lex

Main text(s)

English Geographical Indications (Wine and Spirits) Registration Regulations 2017

Geographical Indications (Wine and Spirits) Registration Regulations 2017

2017/146

Geographical Indications (Wine and Spirits) Registration Regulations 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of June 2017

Present: Her Excellency the Governor-General in Council

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 Execu- tive Council.

Contents Page

1 Title 6 2 Commencement 6

Part 1 Preliminary provisions

3 Overview 7 4 Interpretation 8 5 Transitional, savings, and related provisions 8

Part 2 Application to register geographical indication

Mandatory requirements 6 Mandatory requirements for application 9

Geographical Indications (Wine and Spirits) Registration Regulations 2017 2017/146

New Zealand geographical indication 7 Information required for application to register New Zealand 9

geographical indication 8 Additional information required before application accepted 10

Foreign geographical indication 9 Information required for application to register foreign 10

geographical indication 10 Additional information required before application accepted 11

Withdrawal or amendment of application 11 Withdrawal of application 11 12 Correction of application 11 13 Substitution of applicant 12 14 Registrar or court may correct application 12

Part 3 Procedure for dealing with application to register geographical

indication Examination and acceptance

15 Examination of application 12 16 Acceptance of application 12

Non-complying application 17 Applicant must be notified of non-complying application 13 18 Time for response to notice of non-compliance 13 19 Applicant may request extension of time in relation to notice of 13

non-compliance 20 Abandonment of application 13

Extension of time 21 Applicant entitled to 1 extension in certain circumstances 14

Revocation of acceptance 22 Revocation of acceptance of application 15

of application

application

23 Registrar must notify applicant of intention to revoke acceptance 15

24 Registrar must hold hearing on revocation of acceptance of 15

Rejection of application 25 Rejection of application 15 26 Registrar must notify applicant of intention to reject application 16 27 Registrar must hold hearing on rejection of application 16

Notice of opposition 28 Opposition to accepted application 16

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Registration Regulations 2017

29 Extension of time for filing notice of opposition 17 Counter-statement to notice of opposition

30 Counter-statement to notice of opposition 17 Evidence

31 32 33

Opponent’s evidence Applicant may file evidence Opponent may file evidence in reply

17 18 18

Determination 34 Registrar’s determination on opposition 18

Registration 35 When geographical indication must be registered 19

Part 4 Renewal and restoration of geographical indication

Renewal 36 37

Notice of expiry Application to renew registration of geographical indication

19 20

Restoration 38 Application to restore expired geographical indication to register 20

Part 5 Removal of registered geographical indication from register

Subpart 1—Removal proposed by Registrar 39 40

Opposition to removal proposed by Registrar Registrar’s determination on opposition to removal proposed by Registrar

20 21

Subpart 2—Application to remove registered geographical indication Application

41 Application to remove registered geographical indication 21 Opposition to application

42 Opposition to application 21 Evidence

43 44 45

Applicant’s evidence Opponent may file evidence Applicant may file evidence in reply

22 23 23

Determination 46 Registrar’s determination on opposition to application to remove

registered geographical indication 23

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Part 6 Alteration of register

Subpart 1—Alteration to registered geographical indication proposed by Registrar

47 Opposition to alteration proposed by Registrar 23 48 Registrar’s determination on opposition to alteration proposed by 24

Registrar Subpart 2—Application to alter registered geographical indication

Application 49 Application to alter registered geographical indication 24

Opposition to application 50 Opposition to application 25

Evidence 51 Applicant’s evidence 25 52 Opponent may file evidence 26 53 Applicant may file evidence in reply 26

Determination 54 Registrar’s determination on opposition to application to alter 26

registered geographical indication Subpart 3—Alterations related to registrant

Altering details of registrant 55 Change to name or address of registrant 26

Substitution of registrant 56 Substitution of registrant 26

Part 7 Decisions of Registrar

57 Registrar must notify decision 27 58 Registrar must give reasons for decision if required 27 59 Registrar may waive requirement for information 27

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 28 61 Content of documents filed in proceeding 28 62 Signatures 28 63 Electronic documents 29

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Filing documents 64 How information and documents given to Registrar 29 65 Document filed when received in proper form by Registrar 29 66 Evidence must be sent to relevant parties 30

Evidence 67 Form of evidence 30

Amendment of documents 68 Request to amend documents 30 69 Request to amend pleadings 31

Subpart 2—Addresses 70 Notice of address for service 32 71 Notice of email address 32 72 Change of address, etc 32

Subpart 3—Agents 73 Agent may act on behalf of principal 32 74 Registrar may serve and give notices to agent 33 75 Registrar may require principal to file authority with Registrar in 33

certain cases 76 Notice of revocation or alteration of authority given by principal 34 77 Notice of revocation of authority given by agent 34

Part 9 Proceedings

Case management 78 Registrar may require parties to attend case management 35

conference 79 Registrar may give directions 35 80 Parties must comply with Registrar’s directions 36 81 Compliance with Registrar’s directions 36

Halt in proceedings 82 Registrar may halt proceeding 37

Consolidation of proceedings 83 Registrar may consolidate proceedings 37

Extension of time 84 Registrar may extend time 38

Evidence 85 Application to file evidence out of time 38 86 Evidence restricted to particulars filed 40

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Part 10 Hearings

Form of hearing 87 Form of hearing 40 88 Registrar may determine form of hearings, etc 40

Hearing by appearance 89 Notice of hearing by appearance 41 90 Venue for hearing by appearance 41 91 Conduct of hearing by appearance 41

Hearing before exercise of Registrar’s discretion or other power 92 Hearing before exercise of Registrar’s discretion or other power 42

Hearing fee 93 Hearing fee 42

Part 11 Fees

94 Amount of fees 42

Transitional, savings, and related provisions

Fees

95 Registrar may refuse to take step before fee paid 43 96 Invoice for fees 43 97 Time for payment 43 98 Extension of time for payment 43 99 Form of payment 44 100 Payment of fees 44 101 Currency 44

Schedule 1 44

Schedule 2 45

Regulations

1 Title These regulations are the Geographical Indications (Wine and Spirits) Registra- tion Regulations 2017.

2 Commencement These regulations come into force on 27 July 2017.

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Part 1 Preliminary provisions

Overview (1) In these regulations,—

(a) this Part defines terms used in these regulations: (b) Part 2 contains mandatory provisions for an application to register a geo-

graphical indication, and provisions relating to withdrawing or amending an application:

(d) Part 4 contains provisions relating to— (i) renewing the registration of a geographical indication; and (ii) restoring an expired geographical indication to the register:

(e) Part 5 contains provisions relating to removing a registered geographical indication from the register as follows: (i) subpart 1 relates to the Registrar proposing to remove a registered

geographical indication: (ii) subpart 2 relates to an application to remove a registered geo-

graphical indication: (f) Part 6 contains provisions relating to altering a registered geographical

indication as follows: (i) subpart 1 relates to the Registrar proposing to alter a registered

geographical indication: (ii) subpart 2 relates to an application to alter a registered geographic-

al indication: (iii) subpart 3 relates to alterations concerning the registrant:

(g) Part 7 contains general provisions relating to decisions of the Registrar: (h) Part 8 contains general requirements as follows:

(i) subpart 1 relates to applications, requests, and notices to the Registrar:

(ii) subpart 2 relates to addresses: (iii) subpart 3 relates to agents:

(i) Part 9 contains provisions relating to proceedings: (j) Part 10 contains provisions relating to hearings: (k) Part 11 contains provisions relating to fees.

(2) This regulation is intended only as a guide to the general scheme and effect of these regulations.

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4 Interpretation In these regulations, unless the context otherwise requires,— Act means the Geographical Indications (Wine and Spirits) Registration Act 2006 address for service means— (a) a postal address in New Zealand or Australia; or (b) a post office box or document exchange box in New Zealand or Austral-

ia agent means a person— (a) who is authorised by the agent’s principal (X) to act for X in a proceed-

ing in accordance with the Act or these regulations or to take a step on X’s behalf under the Act or these regulations; and

(b) whom the Registrar has not refused to recognise under section 57B of the Act

filing date means— (a) the date on which an application is received at the Intellectual Property

Office of New Zealand or by the Registrar; or (b) if the date on which an application is received at the Intellectual Property

Office of New Zealand or by the Registrar is not a working day, the date of the next working day

proceeding includes an application, request, notice, or hearing in accordance with the Act or these regulations working day means a day of the week other than— (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, An-

zac Day, the Sovereign’s birthday, and Labour Day; and (b) a day in the period commencing with 25 December in a year and ending

with 2 January in the following year; and (c) if 1 January falls on a Friday, the following Monday; and (d) if 1 January falls on a Saturday or a Sunday, the following Monday and

Tuesday; and (e) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol-

lowing Monday; and (f) the day observed as the anniversary day in Wellington.

5 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have ef- fect according to their terms.

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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 geo-

graphical 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 ac-

cordance 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:

(d) a description of any proposed conditions on the use of the geographical indication.

Compare: SR 2003/187 r 42

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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 characteris-

tic 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 in-

dicate 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 spi-

rit-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 origin- ating 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 boun- daries 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:

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(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 pro- tection given to the geographical indication in its country of origin (in- cluding 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 indica-

tion: (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 geograph- ical 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 (b) an error or omission.

(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 Regis-

trar’s opinion, the correction does not materially alter the meaning or scope of the application. Compare: 2002 No 49 s 37(2)

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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— (a) be signed by A; and (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 ap- plication. 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

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Non-complying application

17 Applicant must be notified of non-complying application If the Registrar considers that an application to register a geographical indica- tion 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 (b) amend the application.

(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,— (a) issue a further notice under regulation 17; and (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

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(ii) removal proceedings, under Part 5, in respect of a registered geo- graphical indication; or

(iii) alteration proceedings, under subpart 1 or 2 of Part 6, in respect of a registered geographical indication; or

(iv) opposition proceedings, under the Trade Marks Act 2002 or the Trade Marks Regulations 2003, in respect of a prior application for registration of a trade mark; or

(v) cancellation, revocation, or invalidity proceedings, under the Trade Marks Act 2002 or the Trade Marks Regulations 2003, in respect of a registered trade mark; and

(b) the applicant has, within the time specified in a notice of non-compli- ance given under regulation 17, notified the Registrar that the applica- tion 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, ex- tend 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 applica-

tion is accepted; and (b) a proposal under regulation 22 to revoke the acceptance of an applica-

tion. (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 exten-

sion 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

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Revocation of acceptance

22 Revocation of acceptance of application (1) The Registrar may revoke the acceptance of an application to register a geo-

graphical 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 ac- ceptance of an application under regulation 22.

(2) The notice must— (a) be in writing; and (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 pro- posed 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 require- ments of the Act and these regulations for registering a geographical indication. Compare: 2002 No 49 s 43

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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—

(a) be in writing; and (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 pro- posed 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 appli- cation 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 accord- ance with Part 11.

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(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 applica-

tion, 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 ex- pired. 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 sup- port 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 sub- clause (1), the Registrar must send a copy of the counter-statement to the oppo- nent. 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

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(2) The Registrar must notify the applicant as soon as practicable after the oppo- nent 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 op- position.

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 evi-

dence. 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 appli- cant’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 geograph-

ical indication is to be registered. Compare: 2002 No 49 s 49

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Registration

35 When geographical indication must be registered The Registrar must register a geographical indication if the Registrar has ac- cepted 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 geographic-

al indication is to be registered. Compare: 2002 No 49 s 50

Part 4 Renewal and restoration of geographical indication

Renewal

36 Notice of expiry (1) This regulation applies if, 2 months before the date on which the registration of

a geographical indication is due to expire, no interested person has made an ap- plication that complies with regulation 37 to renew the registration of the geo- graphical indication.

(2) The Registrar must send a notice to the last known postal or email address of— (a) the registrant; and (b) each of the producer representatives.

(3) In addition to the matters specified in section 47B(2)(b) of the Act, the notice must state— (a) that the registration will expire if it is not renewed; and (b) the last day on which it can be renewed; and (c) the amount of the renewal fee.

(4) In this regulation,— notice means the notice that the Registrar must give under section 47B(1)(a) of the Act producer representatives means other persons and organisations that the Registrar considers are representative of the producers of the wine or spirits to which the geographical indication relates. Compare: SR 2003/187 r 132

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37 Application to renew registration of geographical indication An application under section 47A of the Act to renew the registration of a geo- graphical indication must— (a) specify the registration number of the geographical indication to which

the application relates; and (b) be filed with the Registrar before the date on which the geographical in-

dication is due to expire, but not earlier than 1 year before that date; and (c) be accompanied by the prescribed fee. Compare: SR 2003/187 r 133

Restoration

38 Application to restore expired geographical indication to register (1) The Registrar may, under section 47D of the Act, restore an expired geograph-

ical indication to the register on an application by an interested person. (2) An application must—

(a) specify the former registration number of the expired geographical indi- cation to which the application relates; and

(b) be filed with the Registrar not later than 12 months after the date on which the registration of the geographical indication expired; and

Part 5 Removal of registered geographical indication from register

Subpart 1—Removal proposed by Registrar

39 Opposition to removal proposed by Registrar (1) An interested person may, under section 45B of the Act, oppose a proposal by

the Registrar on the Registrar’s own initiative to remove a registered geograph- ical indication from the register by filing a counter-statement.

(2) The counter-statement must— (a) be filed within 2 months after the date on which the proposed removal

was first publicly notified; and (b) contain, or be accompanied by,—

(i) the registration number of the geographical indication to which the counter-statement relates; and

(ii) if the opponent is not the registrant, a statement of the basis on which the opponent claims to be an interested person; and

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(iii) the grounds on which the proposed removal of the registered geo- graphical indication from the register is opposed; and

(iv) the facts relied on in support of the opposition. (3) The opponent may, within 4 months after the date on which the opponent files

the counter-statement, file evidence in support of the opponent’s case. (4) The opponent discontinues the opposition if the opponent notifies the Registrar

that the opponent withdraws the opposition.

40 Registrar’s determination on opposition to removal proposed by Registrar (1) If a counter-statement is filed in accordance with regulation 39, the Registrar

must— (a) hear the opponent, if required; and (b) consider the evidence; and (c) determine whether to remove the registered geographical indication from

the register. (2) If no counter-statement is filed in accordance with regulation 39, the Registrar

must remove the registered geographical indication from the register.

Subpart 2—Application to remove registered geographical indication

Application

41 Application to remove registered geographical indication (1) An application, under section 45(2) of the Act, to remove a registered geo-

graphical indication from the register must— (a) be filed with the Registrar; and (b) be signed by the applicant; and (c) contain—

(i) a statement of the basis on which the applicant claims to be an interested person; and

(ii) the grounds for removal and the provisions of the Act to which those grounds relate.

(2) An applicant must pay the prescribed fee for an application in accordance with Part 11. Compare: SR 2003/187 rr 94, 95

Opposition to application

42 Opposition to application (1) An interested person may, under section 45B of the Act, oppose an application

to remove a registered geographical indication by filing—

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(a) a counter-statement; and (b) if the application for removal is on grounds of disuse, evidence of the

recent use of the geographical indication. (2) The counter-statement must—

(a) be filed, together with the evidence referred to in subclause (1)(b) (if any), within 2 months after the date on which the proposed removal was first publicly notified; and

(b) be signed by the opponent; and (c) contain,—

(i) if the opponent is not the registrant, a statement of the basis on which the opponent claims to be an interested person; and

(ii) a response to the applicant’s grounds for removal, by admitting, denying, or claiming lack of knowledge of each assertion made in the application; and

(iii) a brief statement of the facts on which the opponent relies in sup- port of continued registration.

(3) The Registrar must, as soon as practicable, send a copy of the counter-state- ment and any evidence to the applicant.

(4) The Registrar must determine the application on the documents filed by the ap- plicant if the opponent does not comply with subclauses (1) and (2). Compare: SR 2003/187 rr 101, 102

Evidence

43 Applicant’s evidence (1) The applicant must, within 4 months after the date on which the Registrar

sends a copy of the counter-statement and any evidence to the applicant,— (a) file evidence in support of the application; or (b) notify the Registrar that the applicant does not intend to file evidence; or (c) notify the Registrar that the applicant withdraws the application.

(2) The Registrar must notify the opponent as soon as practicable after the appli- cant has notified the Registrar that the applicant either does not intend to file evidence or withdraws the application.

(3) The applicant discontinues the application if— (a) the applicant does not, within the period specified in subclause (1), file

evidence or notify the Registrar that the applicant does not intend to file evidence; or

(b) the applicant notifies the Registrar that the applicant withdraws the ap- plication.

Compare: SR 2003/187 r 103

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44 Opponent may file evidence The opponent may file evidence in support of the registration within 4 months after the date on which the opponent— (a) receives a copy of the applicant’s evidence; or (b) is notified by the Registrar that the applicant does not intend to file evi-

dence. Compare: SR 2003/187 r 104

45 Applicant may file evidence in reply An applicant may, if the opponent has filed evidence in support of the registra- tion, file evidence strictly in reply within 3 months after the date on which the applicant receives a copy of the evidence filed in support of the registration by the opponent. Compare: SR 2003/187 r 105

Determination

46 Registrar’s determination on opposition to application to remove registered geographical indication The Registrar must— (a) hear the parties, if required; and (b) consider the evidence; and (c) determine whether to remove the registered geographical indication from

the register.

Part 6 Alteration of register

Subpart 1—Alteration to registered geographical indication proposed by Registrar

47 Opposition to alteration proposed by Registrar (1) An interested person may, under section 46B of the Act, oppose a proposal by

the Registrar on the Registrar’s own initiative to alter a registered geographical indication, or the conditions or boundaries relating to it, by filing a counter- statement.

(2) The counter-statement must— (a) be filed within 2 months after the date on which the proposed alteration

was first publicly notified; and (b) contain, or be accompanied by,—

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(i) the registration number of the geographical indication to which the counter-statement relates; and

(ii) if the opponent is not the registrant, a statement of the basis on which the opponent claims to be an interested person; and

(iii) the grounds on which the proposed alteration is opposed; and (iv) the facts relied on in support of the opposition.

(3) The opponent may, within 4 months after the date on which the opponent files the counter-statement, file evidence in support of the opponent’s case.

(4) The opponent discontinues the opposition if the opponent notifies the Registrar that the opponent withdraws the opposition. Compare: LI 2014/275 r 140

48 Registrar’s determination on opposition to alteration proposed by Registrar

(1) If a counter-statement is filed in accordance with regulation 47, the Registrar must— (a) hear the opponent, if required; and (b) consider the evidence; and (c) determine whether to alter the registered geographical indication, or the

conditions or boundaries relating to it. (2) If no counter-statement is filed in accordance with regulation 47, the Registrar

must alter the registered geographical indication, or the conditions or bounda- ries relating to it, as proposed in the public notice.

Subpart 2—Application to alter registered geographical indication

Application

49 Application to alter registered geographical indication (1) An application, under section 46(1) of the Act, to alter a registered geographic-

al indication or the conditions or boundaries relating to it must— (a) be filed with the Registrar; and (b) be signed by the applicant; and (c) contain,—

(i) if the applicant is not the registrant, a statement of the basis on which the applicant claims to be an interested person; and

(ii) the proposed alteration; and (iii) the grounds on which the alteration is proposed.

(2) An applicant must pay the prescribed fee for an application in accordance with Part 11.

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Opposition to application

50 Opposition to application (1) An interested person may, under section 46B of the Act, oppose an application

to alter a registered geographical indication, or the conditions or boundaries re- lating to it, by filing a counter-statement.

(2) The counter-statement must— (a) be filed within 2 months after the date on which the proposed alteration

was first publicly notified; and (b) be signed by the opponent; and (c) contain,—

(i) if the opponent is not the registrant, a statement of the basis on which the opponent claims to be an interested person; and

(ii) a response to the applicant’s grounds for the proposed alteration, by admitting, denying, or claiming lack of knowledge of each as- sertion made in the application; and

(iii) a brief statement of the facts on which the opponent relies in op- posing the proposed alteration.

(3) The Registrar must, as soon as practicable, send a copy of any counter-state- ment to the applicant.

(4) The Registrar must determine the application on the documents filed by the ap- plicant if the opponent does not comply with subclauses (1) and (2). Compare: SR 2003/187 rr 101, 102

Evidence

51 Applicant’s evidence (1) The applicant must, within 4 months after the date on which the Registrar

sends a copy of the counter-statement to the applicant,— (a) file evidence in support of the application; or (b) notify the Registrar that the applicant does not intend to file evidence; or (c) notify the Registrar that the applicant withdraws the application.

(3) The applicant discontinues the application if— (a) the applicant does not, within the period specified in subclause (1), file

evidence or notify the Registrar that the applicant does not intend to file evidence; or

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(b) the applicant notifies the Registrar that the applicant withdraws the ap- plication.

52 Opponent may file evidence The opponent may file evidence in support of opposition to the alteration with- in 4 months after the date on which the opponent— (a) receives a copy of the applicant’s evidence; or (b) is notified by the Registrar that the applicant does not intend to file evi-

dence.

53 Applicant may file evidence in reply An applicant may, if the opponent has filed evidence in support of opposition to the alteration, file evidence strictly in reply within 3 months after the date on which the applicant receives a copy of the evidence filed in support of oppos- ition to the alteration by the opponent.

Determination

54 Registrar’s determination on opposition to application to alter registered geographical indication The Registrar must— (a) hear the parties, if required; and (b) consider the evidence; and (c) determine whether to alter the registered geographical indication, or the

conditions or boundaries relating to it.

Subpart 3—Alterations related to registrant

Altering details of registrant

55 Change to name or address of registrant An application, under section 46(1A) of the Act, to alter the registrant’s name or address on the register must contain the new name or address to be entered on the register. Compare: SR 2003/187 r 135

Substitution of registrant

56 Substitution of registrant An application, under section 46(1B) of the Act, to alter the register by substi- tuting a new registrant must— (a) be filed with the Registrar; and (b) be signed by the applicant; and

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(c) contain the current registrant’s name and address; and (d) be accompanied by evidence that the applicant is an interested person;

and (e) be accompanied by evidence that—

(i) the registrant consents to the applicant becoming the new regis- trant in relation to the registered geographical indication; or

(ii) the registrant has died or ceased to exist (as applicable).

Part 7 Decisions of Registrar

57 Registrar must notify decision (1) The Registrar must,—

(a) in the case of a decision by the Registrar at the conclusion of a proceed- ing, notify all the parties to the proceeding in writing; and

(b) in the case of the Registrar’s exercise of any other discretionary power under the Act or these regulations, notify the party or parties affected in writing.

(2) For the purpose of an appeal under section 48 of the Act, a decision is given— (a) on the date on which the Registrar sends notice of the decision under

subclause (1); or (b) if a person to whom the notice has been sent requires the Registrar to no-

tify the reasons for the decision, on the date on which the Registrar sends the reasons for the decision to the person.

Compare: SR 2003/187 r 162

58 Registrar must give reasons for decision if required (1) A person who is sent a notice under regulation 57 may require the Registrar to

notify that person of the reasons for the decision, if the Registrar has not al- ready done so.

(2) A person who requires the reasons for a decision must give notice to the Regis- trar within the time for appealing against the decision. Compare: SR 2003/187 r 163

59 Registrar may waive requirement for information The Registrar may waive a requirement in these regulations for information to be provided in a proceeding or document if the Registrar is satisfied that the information is unnecessary. Compare: SR 2003/187 r 164

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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 (1) A document that is filed with the Registrar in, or that is related to, a proceeding

must be in English or Māori. (2) The Registrar may require a person who files a document in Māori to provide

the Registrar with a translation into English within the time specified by the Registrar.

(3) Despite subclause (1), a person may file a document that is not in English or Māori if— (a) it is necessary to do so; and (b) the document is accompanied by a translation into English that has been

verified to the satisfaction of the Registrar. Compare: SR 2003/187 r 4

61 Content of documents filed in proceeding (1) A document that is filed with the Registrar in, or that is related to, a proceeding

must contain— (a) the name, address for service, and email address of the person filing the

document; and (b) if that person has an agent, the name, address for service, and email ad-

dress of the agent; and (c) the application number or registration number of the geographical indi-

cation that is the subject of the proceeding. (2) In this regulation, person filing the document means—

(a) the person that files the document; or (b) if a document is filed by a person (for example an agent) on behalf of

another person, the person on whose behalf the document has been filed. Compare: SR 2003/187 r 5

62 Signatures (1) A document required to be signed for the purposes of these regulations must,—

(a) in the case of a partnership,— (i) contain the full names of all partners; and

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(ii) be signed by a qualified partner or any other person who has, to the satisfaction of the Registrar, authority to sign; and

(b) in the case of a body corporate, be signed by a director or other principal officer, or any other person who has, to the satisfaction of the Registrar, authority to sign; and

(c) in the case of an unincorporated association, be signed by any person who appears to the Registrar to be duly qualified.

(2) A document may be signed in accordance with section 226 of the Contract and Commercial Law Act 2017. Compare: SR 2003/187 r 6

63 Electronic documents A requirement in these regulations for a document to be in writing is satisfied if the document complies with section 222 of the Contract and Commercial Law Act 2017. Compare: SR 2003/187 r 7

Filing documents

64 How information and documents given to Registrar (1) Any information or document that a person must or may give to the Registrar

under the Act or these regulations must— (a) be in writing; and (b) be given to the Registrar—

(i) electronically; or (ii) by any other method approved by the Registrar.

(2) In this regulation,— give means issue, supply, produce, provide, file, send, serve, or give in any other way information or document means any evidence, application, authority, request, form, certificate, statement, notice, or any other type of information or docu- ment that— (a) is referred to in the Act or these regulations; and (b) relates to a geographical indication registration or to proceedings. Compare: SR 2003/187 r 8

65 Document filed when received in proper form by Registrar (1) A document required to be filed by the Act or these regulations must be filed

with the Registrar. (2) A document is filed with the Registrar when it is received in proper form.

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(3) A document is in proper form only if— (a) it is legible; and (b) it complies with regulations 60 and 64; and (c) it complies with any requirement in these regulations for the document

to be signed; and (d) any prescribed fee in relation to the document has been paid. Compare: SR 2003/187 r 9

66 Evidence must be sent to relevant parties (1) A person who files evidence with the Registrar in, or in relation to, a proceed-

ing must send a copy of the evidence to each relevant party as soon as practic- able after filing it with the Registrar.

(2) Evidence may be sent to a relevant party electronically. (3) In this regulation, relevant party means the opposite party (if any) and any

other party to the proceeding.

Evidence

67 Form of evidence Evidence filed under these regulations must be by statutory declaration or affi- davit unless otherwise expressly provided in these regulations. Compare: LI 2014/275 r 144

Amendment of documents

68 Request to amend documents (1) A person who has filed a document in a proceeding (other than an application

to register a geographical indication) may request the Registrar to amend the document.

(2) The request must— (a) be signed by the person making the request; and (b) contain—

(i) details of the document requested to be amended; and (ii) details of the requested amendment.

(3) The Registrar may amend the document if, in the Registrar’s opinion,— (a) the requested amendment corrects a clerical error or an obvious mistake;

or (b) it is fair and reasonable in all the circumstances of the case to make the

requested amendment.

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(4) A request to amend a document that is a pleading within the meaning of regula- tion 69 must comply with this regulation and regulation 69. Compare: SR 2003/187 r 11

69 Request to amend pleadings (1) A request under regulation 68 to amend a pleading must, in addition to comply-

ing with that regulation, be made prior to any hearing to which the pleading re- lates.

(2) If a request to amend a pleading is made,— (a) the Registrar must, on receipt of the request, notify the opposite party (if

any) of the request; and (b) the opposite party may make submissions on the request within a time

specified by the Registrar; and (c) the Registrar must, after considering those submissions (if any), notify

the parties of the decision that the Registrar intends to make on the re- quest.

(3) If the Registrar intends to allow an amendment to a pleading described in sub- clause (4)(a), (b), or (c), the Registrar must give the opposite party (if any) an opportunity to file, within a time specified by the Registrar, an amended coun- ter-statement.

(4) In this regulation, pleading means any of the following: (a) a notice of opposition to an application to register a geographical indica-

tion: (b) an application to remove a registered geographical indication: (c) an application to alter a registered geographical indication or the condi-

tions or boundaries relating to it: (d) a counter-statement to—

(i) a notice of opposition to an application to register a geographical indication:

(ii) a proposal by the Registrar to remove a registered geographical indication:

(iii) an application to remove a registered geographical indication: (iv) a proposal by the Registrar to alter a registered geographical indi-

cation or the conditions or boundaries relating to it: (v) an application to alter a registered geographical indication or the

conditions or boundaries relating to it. Compare: SR 2003/187 r 11A

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Subpart 2—Addresses

70 Notice of address for service Each of the following persons must, at the time when the person first gives any information or a document to the Registrar in respect of a matter, file a notice of address for service: (a) an applicant applying to register a geographical indication: (b) the registrant of a registered geographical indication: (c) an agent: (d) a party to a proceeding under the Act or these regulations. Compare: SR 2003/187 r 13

71 Notice of email address A person must, at the time when the person first gives any information or a document to the Registrar in respect of a matter, file a notice of an email ad- dress for the purpose of— (a) receiving documents related to proceedings; and (b) receiving general correspondence. Compare: SR 2003/187 r 15

72 Change of address, etc (1) A person who has filed a notice of address for service or a notice of an email

address must, if the address changes, file a notice of change of address as soon as practicable after the address has changed.

(2) A notice of address or a notice of change of address must contain the name and the address (or the new address) of the person giving the notice.

(3) An address that is notified to the Registrar must be sufficiently detailed to enable the Registrar to contact the addressee at that address. Compare: SR 2003/187 rr 16, 17, 18

Subpart 3—Agents

73 Agent may act on behalf of principal (1) An agent may, subject to the scope of the agent’s authority, act for the agent’s

principal in a proceeding in accordance with the Act or these regulations or take a step on the principal’s behalf under the Act or these regulations.

(2) Despite subclause (1), the Registrar may require that a document that must be signed for the purposes of the Act or these regulations be signed by the princi- pal and not by the agent. Compare: SR 2003/187 r 20

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74 Registrar may serve and give notices to agent (1) The Registrar satisfies a requirement under the Act or these regulations of ser-

vice on, notice to, or correspondence with a person by serving on, giving notice to, or corresponding with that person’s agent.

(2) Subclause (1) does not apply if a written authority filed with the Registrar by the agent’s principal expressly excludes the authority of the agent for the matter that is the subject of the service, notice, or correspondence. Compare: SR 2003/187 r 21

75 Registrar may require principal to file authority with Registrar in certain cases

(1) This regulation applies if— (a) the Registrar receives a communication that refers to a person as an

agent (A) of a principal (X) and, at the time of the communication, the Registrar does not have a written authority in respect of A that complies with subclause (3); or

(b) the Registrar has a written authority in respect of an agent that complies with subclause (3) and the Registrar receives a communication inform- ing the Registrar that the principal (X) has appointed a new agent (A).

(2) The Registrar may, by notice in writing, require X to file, within the time speci- fied by the Registrar, a written authority in respect of A.

(3) The written authority must— (a) be signed by X and not by an agent; and (b) contain—

(i) A’s name and address for service; and (ii) if A is authorised to act in respect of a particular geographical in-

dication,— (A) the application number or registration number of the geo-

graphical indication; or (B) details of the geographical indication (if an application

number or registration number has not been assigned); and (iii) a statement of any limitation on the authority of A to act on X’s

behalf. (4) The time specified by the Registrar under subclause (2) must be,—

(a) if X’s address is inside New Zealand, not less than 1 month from the date on which the Registrar receives the communication referred to in subclause (1); and

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(b) if X’s address is outside New Zealand, not less than 2 months from the date on which the Registrar receives the communication referred to in subclause (1).

Compare: SR 2003/187 r 22

76 Notice of revocation or alteration of authority given by principal (1) A principal (X) must, as soon as practicable, give written notice to the Regis-

trar of the revocation or alteration of the authority of X’s agent (A). (2) The notice must—

(a) be signed by X, and not by an agent; and (b) contain—

(i) A’s name; and (ii) if A is (or has been) authorised to act in respect of a particular

geographical indication,— (A) the application number or registration number of the geo-

graphical indication; or (B) details of the geographical indication (if an application

number or registration number has not been assigned); and (iii) if A’s authority has been revoked, a statement to that effect; and (iv) if A’s authority has been altered, a statement setting out the altera-

tion to the authority and the matters for which A continues to have authority.

(3) A notice that complies with this regulation is effective on and from the date on which it is received by the Registrar. Compare: SR 2003/187 r 25

77 Notice of revocation of authority given by agent (1) An agent (A) of a principal (X) may give written notice to the Registrar of the

revocation of A’s authority as X’s agent. (2) The notice must—

(a) be signed by A; and (b) contain—

(i) X’s name and address for service; and (ii) A’s name; and (iii) if A is (or has been) authorised to act in respect of a particular

geographical indication,— (A) the application number or registration number of the geo-

graphical indication; or

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(B) details of the geographical indication (if an application number or registration number has not been assigned); and

(iv) a statement that A’s authority as X’s agent has been revoked. (3) A notice that complies with this regulation is effective on and from the date on

which it is received by the Registrar. Compare: SR 2003/187 r 25A

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 ac- ceptable 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 consis-

tent 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 hear-

ing; 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 privil-

eged is to be treated if the parties have not been able to reach an agree- ment within the time specified by the Registrar; and

(f) require parties to file copies of documents; and

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(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 Regis-

trar 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-compli- ance.

(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 con- cerning 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 ex- ercising his or her power under section 57C of the Act,—

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(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 proceed- ing 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

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Extension of time

84 Registrar may extend time (1) The Registrar may extend, for a period not exceeding 3 months, the time speci-

fied 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: (a) the matters described in regulation 21(1): (b) a time period for paying a fee specified in regulation 97 or 98: (c) a time period, for a step to be taken in a proceeding, that has already ex-

pired 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 circum-

stances 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—

Geographical Indications (Wine and Spirits) 2017/146 Registration Regulations 2017 Part 9 r 85

(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 pre- scribed in these regulations by which the evidence or type of evidence must be filed specified proceeding means any of the following proceedings: (a) opposition to an application to register a geographical indication (see

regulations 28 to 34): (b) opposition to a proposal by the Registrar to remove a registered geo-

graphical indication (see subpart 1 of Part 5): (c) an application to remove a registered geographical indication (see sub-

part 2 of Part 5): (d) opposition to a proposal by the Registrar to alter a registered geographic-

al indication or the conditions or boundaries relating to it (see subpart 1 of Part 6):

Geographical Indications (Wine and Spirits) Part 9 r 86 Registration Regulations 2017 2017/146

(e) an application to alter a registered geographical indication or the condi- tions 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

(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 cor-

respondence or by holding a pre-hearing conference of the parties, each of the matters specified in subclause (2).

(2) The matters are as follows:

Geographical Indications (Wine and Spirits) 2017/146 Registration Regulations 2017 Part 10 r 91

(a) whether a hearing is required: (b) the form of the hearing: (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 hear- ing.

(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 rea-

sons 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— (a) in Wellington; or (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 Regis-

trar decides that it is not appropriate for members of the public to attend. Compare: LI 2014/275 r 174

Geographical Indications (Wine and Spirits) Part 10 r 92 Registration Regulations 2017 2017/146

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 regis-

tration 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 (c) be signed by the person.

(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: (a) a hearing referred to in regulation 92: (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 hear- ing 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

Part 11 Fees

94 Amount of fees (1) The amount of each fee that must be paid under these regulations is set out in

Schedule 2.

Geographical Indications (Wine and Spirits) 2017/146 Registration Regulations 2017 Part 11 r 98

(2) The fees prescribed by these regulations are exclusive of goods and services tax. Compare: SR 2003/187 r 167

95 Registrar may refuse to take step before fee paid (1) The Registrar may refuse to take a step under the Act or these regulations in

respect of which a fee is payable unless the fee is first paid in accordance with this Part.

(2) The Registrar may refuse to accept an application, notice, or request under the Act or these regulations in respect of which a fee is payable unless the fee is first paid in accordance with this Part. Compare: SR 2003/187 r 168

96 Invoice for fees (1) The Registrar must issue an invoice—

(a) to an applicant, after receiving an application under regulation 6: (b) to an opponent, after receiving a notice of opposition under regulation

28: (c) to an applicant, after receiving an application under regulation 41: (d) to an applicant, after receiving an application under regulation 49: (e) to an interested person, after receiving a notice seeking a hearing under

regulation 92: (f) to a party, after receiving a request to be heard at a hearing referred to in

regulation 93(1)(b). (2) The invoice must specify the prescribed fee to be paid.

97 Time for payment (1) A fee payable under regulation 37 or 38 must be paid when the application is

filed. (2) A fee payable under regulation 6, 28, 41, 49, or 93 must be paid not later than

10 working days after the date on which the invoice for the fee is issued under regulation 96.

98 Extension of time for payment (1) A time for payment specified in regulation 97 may be extended if the person

required to pay the fee has, before filing the document (or making the request) that caused the fee to be payable, made an arrangement that is acceptable to the Registrar for payment of the fee.

(2) If a time for payment is extended, the person required to pay the fee must pay the fee by the extended time agreed with the Registrar under subclause (1).

(3) A time for payment may be extended under this regulation only once.

Geographical Indications (Wine and Spirits) Part 11 r 99 Registration Regulations 2017 2017/146

99 Form of payment A fee payable under the Act or these regulations must be paid by electronic means. Compare: LI 2014/275 r 7

100 Payment of fees A fee payable under the Act or these regulations must be paid to the Registrar (unless the Act or these regulations require otherwise).

101 Currency A fee payable under the Act or these regulations must be paid in New Zealand currency. Compare: SR 2003/187 r 171

Schedule 1 Transitional, savings, and related provisions

r 5

Part 1 Provision relating to these regulations as made

1 References to Contract and Commercial Law Act 2017 Until the Contract and Commercial Law Act 2017 comes into force,— (a) in regulation 62(2), the reference to section 226 of the Contract and

Commercial Law Act 2017 must be read as a reference to section 22 of the Electronic Transactions Act 2002; and

(b) in regulation 63, the reference to section 222 of the Contract and Com- mercial Law Act 2017 must be read as a reference to section 18 of the Electronic Transactions Act 2002.

Geographical Indications (Wine and Spirits) 2017/146 Registration Regulations 2017 Explanatory note

Schedule 2 Fees

r 94

Regulation Matter for which fee is prescribed Amount of fee (NZ$) 6 Application to register a geographical indication 5,000 28 Notice of opposition to an application to register a 700

geographical indication 37 First application to renew registration of a geographical 2,000

indication 37 Second and subsequent applications to renew registration of 500

a geographical indication 38 Application to restore to the register an expired geographical 2,000

indication that has not been renewed 38 Application to restore to the register an expired geographical 500

indication that has been renewed at least once 41 Application to remove a geographical indication from the 1,000

the conditions or boundaries relating to it 93 Request to be heard at a hearing 1,700

Michael Webster, Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations, which come into force on 27 July 2017, contain the operational and technical provisions that enable the various steps and procedures set out in the Geographical Indications (Wine and Spirits) Registration Act 2006 (the Act) to oper- ate in practice. These regulations also prescribe fees for various matters that are pay- able under the Act or these regulations. The Act itself comes into force on 27 July 2017 in accordance with the Geographical Indications (Wine and Spirits) Registration Act Commencement Order 2017. These regulations prescribe procedural provisions and related matters in connection with the following: • an application to register a geographical indication: • opposition to an application to register a geographical indication: • an application to renew the registration of a geographical indication: • an application to restore a geographical indication to the register: • the removal of a geographical indication from the register:

Geographical Indications (Wine and Spirits) Explanatory note Registration Regulations 2017 2017/146

• the alteration of a registered geographical indication. These regulations also contain general provisions in relation to the following: • documents: • addresses: • agents: • management of proceedings: • procedure for hearings: • payment of fees.

Regulatory impact statement The Ministry of Business, Innovation, and Employment produced a regulatory impact statement to help inform the decisions taken by the Government relating to the con- tents of this instrument. A copy of this regulatory impact statement can be found at— • http://www.mbie.govt.nz/info-services/business/intellectual-property/geograph-

ical-indications/implementation-geographical-indications-wines-spirits-regis- tration-act-2006

• http://www.treasury.govt.nz/publications/informationreleases/ris

Issued under the authority of the Legislation Act 2012. Date of notification in Gazette: 29 June 2017. These regulations are administered by the Ministry of Business, Innovation, and Employment.

Wellington, New Zealand:

Published under the authority of the New Zealand Government—2017

Geographical Indications (Wine and Spirits) Registration Regulations 2017, New Zealand

Available Materials