WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights RESTRICTED 
IP/N/I/NZL/G/l 
26 January 1996 
(96-0202) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
New Zealand 
Geographical Indications 
The present document reproduces the Geographical Indications Act 19941, as notified by New Zealand 
under Article 63.2 of the Agreement (see document IP/NIl/NZLIl). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE DE 
L'ARTICLE 63:2 DE L'ACCORD 
N ouvelle-Zelande 
Indications geographigues 
Le present document contient le texte de la Loi de 1994 sur les indications geographiques 1, notifiee par 
la Nouvelle-Zelande au titre de l'article 63:2 de l'Accord (voir le document IP/NIl/NZLIl). 
Consejo de los Aspectos de los Derechos de 
Propiedad Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
Nueva Zelandia 
Indicaciones geognlficas 
En el presente documento se reproduce la Ley de Indicaciones Geognificas de 19941, notificada por Nueva 
Zelandia en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/1/NZLIl). 
IEnglish only/anglais seulement/en ingles solamente. IP/N/lINZL/G/l 
Page 2 
1994 Geographical Indications No. 125 
ANALYSIS 
Title 
1. Short Title and commencement 
2. Interpretation 
3. Meaning of "specified goods" 
Restrictions on Use of Protected Geographical 
Indications 
4. Restrictions relating to protected geo· 
graphical indications 
5. Exemptions from restrictions 
6. Liability under general law not affected 
Registration of Ge~graphical Indications 
7. Registrar 
8. Register of Protected Geographical 
Indications 
9. Registration 
10. Automatic registration 11. Alteration or removal of registration 
12. Search and copies of Register 
New Zealand Geographical Indications 
13. Application to determine geographical 
indication 
14. Geographical indications committee 
15. Proceedings of committee 
16. Notice of application 
1 7. Making and notice of determination 
18. Review of determination 
19. Application for registration 
Miscellaneous Provisions 
20. Regulations 
21. Amendment to New Zealand Geo­
graphic Board Act 1946 
22. Amendment to Ombudsmen Act 1975 
1994, No. 125 
An Act to provide for the registration and protection of 
geographical indications in relation to goods 
[9 December 1994 
BE IT ENACTED by the Parliament of New Zealand as follows: 
I 
1. Short Title and cotntnencernent-(l) This Act ITlay be 
cited as the Geographical Indications Act 1994. 
(2) This Act shall come into force on a date to be appointed 
by the Governor-General by Order in Council; and one or more 
orders may be made bringing different provisions into force on 
different dates. 
2.Interpretation-(1) In this Act, unless the context 
otherwise requires,-
"Board" and "New Zealand Geographic Board" mean the 
New Zealand Geographic Board established under 
section 3 of the New Zealand Geographic Board Act 
1946: 
Public-125 Price Code: 12-CX 2 Geographical Indications IP/NIlINZL/GI 1 
Page 3 
1994, No. 125 
"Committee" llleans a geographical indications committee 
appointed under section 14 of this Act: 
"Geographical indication", in relation to goods, means a 
description or presentation used to indicate the 
geographical oriF of the goods: 
"Geographical origin' llleans a country, region, locality, or 
linear feature: 
"Goods" means all kinds of movable property: 
"International agreement" means any bilateral or 
multilateral treaty, convention, or agreement to 
which New Zealand is a party, and any arrangement 
between New Zealand and any other country, 
concerning the protection of geographical indications: 
"Linear feature" means a road, river, or other similar 
geographical feature: 
"Locality", in relation to New Zealand, means an 
identifiable area within a region: 
"Ministry" llleans the Ministry or Department of State for 
which the Minister responsible for the administration 
of this Act is responsible: 
"Person" includes a corporation sole, an incorporated or 
unincorporated body of persons, and any association 
or cOIllbination of individual persons or incorporated 
or unincorporated bodies: 
"Prescribed" llleans prescribed by regulations made under 
section 20 of this Act: 
"Protected geographical indication" means a geographical 
indication that is entered on the Register: 
"Region", in relation to New Zealand, has the same 
meaning as in the Local Government Act 1974: 
"Register" means the Register of Protected Geographical 
Indications established under section 8 of this Act: 
"Registrar" means the Registrar of Protected 
Geographical Indications referred to in section 7 of 
this Act: 
"Registration" means entry on the Register in accordance 
with this Act: 
"Specified goods" has the meaning set out in section 3 of 
this Act: 
"Surveyor-General" means the Surveyor-General 
appointed in accordance with section 7 of the Survey 
Act 1986: 
"Trade" means any trade, business, industry, profession, 
occupation, activity of commerce, or undertaking 
relating to the supply or acquisition of goods: IP/N/lINZL/G/l 
Page 4 
1994, No. 125 Geographical Indications 3 
"Use" means use in any way, including without lill1itation, 
use as part of, or in connection with,-
(a) Any transaction, including a purchase, sale, gift, 
or exchange; or 
(b) Any iIllporting or exporting; or 
(c) Any advertisement; or 
(d) Any other activity: 
"Working day" means a day of the week other than­
(a) Saturday, Sunday, Good Friday, Easter Monday, 
Anzac Day, the Sovereign's Birthday, Labour Day, 
and Waitangi Day; and 
(b) A day in the period comIllencing with the 25th 
day of December in any year and ending with the 
2nd day of January in the following year; and 
(c) If the 1st day of January in any year falls on a 
Friday, the following Monday; and 
(d) If the 1st day of January in any year falls on a 
Saturday or a Sunday, the following Monday and 
Tuesday. 
(2) In this ,Act, a reference to the description or presentation 
of goods includes a reference to any name, address, place, sign, 
design, trade mark, or other matter used in relation to the 
goods, whether or not it appears-
(a) On any container, wrapping, or label, or on the goods 
theIllselves; or 
(b) On any docuIllent relating to the use, or any transaction 
involving the transport, of the goods; or 
(c) In any advertiseIllent relating to the goods. 
(3) A geographical indication may be entered on the Register 
under this Act even though it relates to a geographical origin, 
or part of a geographical origin, to which another protected 
geographical indication relates. 
8. Meaning of "specified goods"-In this Act, the terIll 
"specified goods" means goods of a class declared, by 
regulations made under this Act, to be a class of goods for the 
purposes of this Act. 
Restrictions on Use 0/ Protected Geographical Indications 
4. Restrictions relating to protected geographical 
indications-( 1) If a person, in trade, uses, in relation to any 
specified goods, a protected geographical indication and the 
goods did not originate in the geographical origin to which the 
protected geographical indication relates, the person shall be 
deeIlled, for the purposes of the Fair Trading Act 1986, to have 4 Geographical Indications IP/N/1/NZL/G/l ' 
Page 5 
1994, No. 125 
contravened section 9 of that Act, and the provisions of that 
Act shall apply accordingly. 
(2) Subsection (1) of this section shall apply in regard to the 
use of a protected geographical indication whether or not­
(a) The true geographical origin of the goods is used together 
with the protected geographical indication; or 
(b) The protected geographical indication is used in 
translation; or 
(c) The use of the protected geographical indication is 
accompanied by any of the words "kind", "type", 
"style" '. "imitation", or any similar word or 
expreSSIon. 
5. Exetnptions frotn restrictions-(l) For the purposes of 
section 4 of this Act, the use of any or all of the following 
information, without any intention to mislead or deceive, does 
not of itself constitute the use of a protected geographical 
indication in relation to specified goods: 
(a) The name of any person who produced, or entered into 
any transaction in relation to, the goods: 
(b) If such a person lawfully carries on business under the 
name of another person who previously carried on 
the business, the name of that other person: 
(c) The address of the place at which the goods were 
produced. 
(2) Section 4 of this Act does not apply in respect of-
(a) Any protected geographical indication to the extent that 
any conditions relating to registration of that 
geographical indication so provide; or 
(b) Any goods that are never in New Zealand, or are in New 
Zealand only for the purpose of transit from one 
country to another (neither of which is New Zealand); 
or 
(c) The use, in relation to specified goods, of a trade mark 
applied for or registered under the Trade Marks Act 
1953, if the trade mark was applied for, registered, or 
used in New Zealand in good faith in relation to goods 
of the same class before goods of that class were 
declared to be specified goods. 
(3) Section 4 of this Act does not apply in respect of the use 
of a protected geographical indication in relation to any 
specified goods if the goods were produced or being produced 
before-
(a) The registration of the protected geographical indication; 
or IP/N/lINZL/GIl 
Page 6 
1994, No. 125 Geographical Indications 
(b) The goods were declared to be specified goods. 5 
6. Liability under general law not affected-Nothing in 
sections 4 and 5 of this Act limits section 9 of the Fair Trading 
Act 1986 or any other enactment or lUle of law. 
Registration of Geographical Indications 
7. Registrar-( 1) There shall be a Registrar of Protected 
Geographical Indications appointed under the State Sector Act 
1988. 
(2) The person referred to in subsection (1) of this section 
shall be an officer or employee of the Ministry, and any such 
appointment may be held either separately or in conjunction 
with any other office in the Ministry. 
(3) The Registrar shall have and use a seal of office bearing 
the impression of the New Zealand Coat of Arms and having 
inscribed in the margin the words "Registrar of Protected 
Geographical Indications, New Zealand". 
(4) Every document bearing the imprint of the Registrar's 
seal of office, and purporting to be signed or issued by the 
Registrar, or by a person employed to assist the Registrar in the 
exercise of the Registrar's functions under this Act, shall be 
received in evidence, and shall, in the absence of proof to the 
contrary, be deemed to be signed or issued by or under the 
direction of the Registrar. 
S. Register of Protected Geographical Indications­
(1) The Registrar shall establish and maintain a Register of 
Protected Geographical Indications. 
(2) The Register shall contain 3 parts, being-
(a) A part containing geographical indications submitted by 
the Surveyor-General under section 9 (1) of this Act; 
and 
(b) A part containing geographical indications submitted 
under that section in accordance with a multilateral 
international agreement and with regulations made 
under this Act; and 
(c) A part containing geographical indications submitted 
under that section in accordance with a bilateral 
international agreement and with regulations made 
under this Act. 
(3) The Register shall specify, in respect of each protected 
geographical indication,-
(a) The conditions, if any, relating to the geographical 
indication; and 6 Geographical Indications IP IN 11 INZL/GI 1 
Page 7 
1994, No. 125 
(b) In the case of a geographical indication submitted by the 
Surveyor-General, the boundaries relating to the 
geographical indication. 
(4) The Register shall be kept in such form as the Registrar 
considers appropriate, and may be kept in the form of 
information stored by means of an electronic device. 
9. Registration-( 1) Submission of a geographical indication 
for registration on the Register-
(a) May be made only-
(i) By the Surveyor-General under section 19 of this 
Act, in respect of a geographical indication relating to 
a geographical origin in New Zealand; or 
(ii) In accordance with regulations made under this 
Act, in respect of a geographical indication relating to 
a geographical origin outside New Zealand; and 
(b) Shall be made in the prescribed form, and be 
accornpanied by payrnent of the prescribed fee. 
(2) The Registrar shall enter on the appropriate part of the 
Register those geographical indications which are submitted for 
registration in accordance with subsection (1) of this section. 
10. AutoInatic registration-( 1) This section applies to the 
following geographical origins: 
(a) New Zealand, being the North Island, the South Island, 
and the Chatham Islands: 
(b) Every region of New Zealand from time to time. 
(2) Subject to subsection (3) of this section, the nallle of each 
geographical origin to which this section applies shall be 
deemed to be a geographical indication that has been 
submitted by the Surveyor-General ID accordance with 
section 9 (1) of this Act and that-
(a) Is subject to such conditions (if any) as are specified from 
tirne to time by regulations made under this Act in 
regard to that narne; and 
(b) Has the boundaries that the geographical origin has from 
tillle to time;-
and the Registrar shall enter on the appropriate part of the 
Register, as soon as practicable after the commencement of this 
Act, every such geographical indication. 
(3) Any protected geographical indication registered under 
this section or the conditions or boundaries relating to such a 
protected geographical indication, may be altered, or removed 
froll1 the Register, in accordance with section 11 of this Act. IP/N/lINZL/GIl 
Page 8 
1994, No. 125 Geographical Indications 7 
11. Alteration or relTloval of registration-
(1) Notification of an alteration or removal of a protected 
geographical indication on or from the Register-
(a) May be made only-
(i) By the Surveyor-General under section 19 of this 
Act, in respect of a geographical indication relating to 
a geographical origin in New Zealand; or 
(ii) In accordance with regulations made under this 
Act, in respect of a geographical indication relating to 
a geographical origin outside New Zealand; and 
(b) Shall be made in the prescribed form and be 
accompanied by payment of the prescribed fee. 
(2) The Registrar shall-
(a) Alter the Register in relation to any protected 
geographical indication whose alteration is notified in 
accordance with subsection (1) of this section; and 
(b) Remove from the Register any protected geographical 
indication whose removal is notified in accordance 
with subsection (1) of this section. 
(3) The Registrarlllay correct any obvious errors in, or 
omissions frolll, the Register. 
12. Search and copies of Register-(l) Any person may, 
on paYlllent of the prescribed fee, have access to the Register 
for the purpose of inspection during each working day at such 
times as the Registrar shall deterllline. 
(2) The Registrar shall, on application and payment of the 
prescribed fee, furnish to any person a copy, or a certified 
copy, of any particulars on the Register. 
(3) A certified copy of particulars on the Register 'signed by 
the Registrar and sealed with the Registrar's seal shall be 
received in evidence for all purposes as conclusive evigence that 
the particulars shown on the certified copy have been duly 
registered. 
New Zealand Geographical Indications 
18. Application to detennine geographical 
indication-( 1) Any person Illay make an application to the 
Surveyor-General for the determination of-
(a) One or more geographical indications relating to one or 
more geographical origins in New Zealand, and the 
conditions (if any) and the boundaries relating to the 
geographical indication or indications; or 
(b) An alteration of one or more protected geographical 
indications relating to one or more geographical 8 Geographical I ndicatio ns IP/N/lINZL/G/l 
Page 9 
1994, No. 125 
orlgII1s ill New Zealand or of the conditions, or 
boundaries, relating to any such protected 
geographical indication or indications; or 
(c) The removal from the Register of one or more protected 
geographical indications relating to one or Illore 
geographical origins in New Zealand. 
(2) Every application under subsection (1) of this' section shall 
be in the prescribed forIll and shall be accompanied by 
payment of the prescribed fee. 
14. Geographical indications cotntnittee-( 1) Where the 
Surveyor-General receives an application made in accordance 
with section 13 of this Act, the Surveyor-General shall, within 
20 working days of receiving the application,-
(a) Appoint a geographical indications committee to Illake a 
determination in respect of the application in 
accordance with this Act; and 
(b) Refer a copy of the application to the committee. 
(2) Every COlllIllittee shall consist of not fewer than 3 persons. 
(3) The Surveyor-General shall appoint a lllelllber of the 
Board as both a member and the chairperson of a committee. 
(4) At least one member of a committee (other than the 
chairperson) shall be either a member of the Board or a person 
nominated by the chairperson of the Board for appointment to 
the committee. 
(5) At least one member of a committee shall be appointed as 
a representative of producers of the specified goods. 
(6) A member of a committee may resign his or her 
membership of the committee by notice in writing to the 
Surveyor-GeneraL 
(7) The Surveyor-General may revoke the appointment of a 
member of a committee for disability, bankruptcy, neglect of 
duty, or misconduct proved to the satisfaction of the Surveyor­
GeneraL 
(8) Where a member of a committee dies or resigns or the 
appointlllent of the member is revoked, the Surveyor-General 
may appoint another member in his or her place. 
(9) Where a member of a committee resigns from 
membership of the committee, that person shall continue as a 
member of the committee until a successor is appointed. 
15. Proceedings of cOIl1ll1.ittee-(I) In carrying out its 
functions and duties under this Act, every comnnttee shall 
observe the rules of natural justice. IP/N/lINZL/G/l 
Page 10 
1994, No. 125 Geographical Indications 9 
(2) Meetings of a COIllIllittee shall be held at such tiIlles and 
places as the committee or the chairperson from tiIlle to tiIlle 
determines. 
(3) At every ll1eeting of a cOIllmittee 3 IlleIllbers shall forIll a 
quorum. 
(4) Every question before a cOIllmittee shall be determined 
by a majority of the votes of the members present at the 
meeting concerned. 
(5) The chairperson of a cOll1mittee shall have a deliberative 
vote, and in the case of an equality of votes, shall also have a 
casting vote. 
(6) Except as otherwise provided in this Act or in regulations 
Illade under this Act, a cOIllmittee Illay regulate its procedure 
in such manner as it thinks fit. 
, 16. Notice of application-( 1) Within 10 working days 
after being appointed, a COIllIllittee shall, unless it considers 
that the application is frivolous or vexatious, cause-
(a) A copy of the application referred to it under section 
14 (1) (b) of this Act; and 
(b) A stateIllent of the Illatters that the COIllIllittee is required 
to determine; and 
(c) A statement inviting written submissions in accordance 
with subsection (2) of this section-
to be published in the prescribed manner. 
(2) Any person Illay make written submissions to a 
committee on an application or any matters published by it 
under subsection (1) of this section at any tiIlle within 2 months 
from the date of publication. 
17. Making and notice of detennination--( 1) As soon as 
practicable after the expiry of the period referred to in section 
16 (2) of this Act, a committee shall consider all submissions 
received by it and Illake a determination on the matters that it 
is required to deterll1ine. 
(2) In determining one or ll10re geographical indications in 
relation to one or Illore geographical origins, a committee must 
have regard to those matters prescribed by regulations made 
under this Act. 
(3) Within 10 working days after making a determination 
under subsection (1) of this section, a comIllittee shall-
(a) Deliver a copy of its deterIllination to the Surveyor. 
General; and 
(b) Cause notice of its determination to be published in the 
prescribed manner. 10 Geographical Indications IP/N/lINZL/GI 1 
Page 11 
1994, No. 125 
(4) Subject to section 18 of this Act, a committee's 
determination under this section shall be final. 
18. Review of detennination-(I) Any person who is 
dissatisfied with a determination may, at any time within 
15 working days after the date of publication of a notice in 
accordance with section 1 7 (3) (b) of this Act, apply to the 
Board to review the determination referred to in the notice. 
(2) Every application under subsection (1) of this section shall 
be in the prescribed form and shall be accompanied by 
payment of the prescribed fee. 
(3) As soon as practicable after receiving an application under 
subsection ( 1 ) of this section, the Board shall review the 
determination concerned and may reverse, alter, or confirm it. 
(4) Within 10 working days after making a decision under 
subsection (3) of this section, the Board shall-
(a) Deliver a copy of its decision to the Surveyor-General; and 
(b) Cause notice of the decision to be published in the 
prescribed manner. 
(5) For the' purposes of any review under subsection (3) of this 
section, the persons comprising the Board must not include any 
persons who were members of the committee whose 
determination is the subject of review. 
(6) For the purposes of any review under subsection (3) of this 
section, the Board shall observe the rules of natural justice. 
19. Application for registration-(I) Where, in relation to 
a determination of a committee, no application has been made 
to the Board under section 18 (1) of this Act, the Surveyor­
General shall, within 15 working days after the expiry of the 
period referred to in that subsection, submit the determination 
to the Registrar for registration under this Act. 
(2) Where, in relation to a determination of a committee, an 
application has been made to the Board under section 18 (1) of 
this Act and the Board has not reversed the determination, the 
Surveyor-General shall, within 15 working days after the 
completion of the Board's review of the determination, submit 
the determination, as altered or confirmed by the Board, to the 
Registrar for registration under this Act. 
(3) Where-
(a) A committee has, on an application under section 
13 ( 1 ) (c) of this Act, determined that a protected 
geographical indication not be removed from the 
Register; and IP/N/lINZL/G/1 
Page 12 
1994, No. 125 Geographical Indications 11 
(b) On an application lllade to the Board under section 18 (1) 
of this Act in respect of that detennination, the Board 
has reversed that deterlllination,-
the Surveyor-General shall, within 15 working days after the 
cOlllpletion of the Board's review of the determination, submit 
the deterlllination, as so reversed, to the Registrar for 
registration under this Act. 
Miscellaneous Provisions 
20. Regulations-The Governor-General lllay frolll tillle to 
tillle, by Order in Council, lllak.e regulations for all or any of 
the following purposes: 
(a) Declaring any class of goods to be a class of goods for the 
purposes of this Act: 
(b) Regulating the fo rlll , content, or use of any or all 
protected geographical indications in relation to all or 
any specified goods: 
(c) Prescribing the forlll of, and requirelllents relating to, 
submissions of geographical indications for 
registration on the Register, and in relation to 
alterations or relllovals of such registrations: 
(d) Specifying conditions relating to anyone or more 
protected geographical indications: 
(e) Prescribing the form of, and requirelllents relating to, 
applications under this Act: 
(f) Prescribing the lllanner in which persons are to be 
appointed to committees, the terlllS of appointment, 
and the remuneration payable to those persons: 
(g) Regulating the procedure of committees: 
(h) Prescribing the criteria to which COllllllittees must have 
regard in determining the issues before them: 
(i) Prescribing the records that must be kept, or regulating 
the keeping of records, by persons who use a 
protected geographical indication in relation to any 
specified goods: 
0) Authorising and regulating the inspection of records kept 
pursuant to regulations made under paragraph (i) of 
this section: 
(k) Prescribing the lllatters in respect of which fees are 
payable under this Act, the amounts of the fees or the 
lllethods by which they are to be assessed, and the 
person to whom the fees are to be paid: 
(1) Prescribing the manner of publication required under 
sections 16, 1 7, and 18 of this Act: 12 Geographical I ndicationJ IP/NIlINZL/GI 1 
Page 13 
1994, No. 125 
(m) Giving effect, for the purposes of this Act, to the terms of 
any international agreement: 
(n) Prescribing offences in respect of the contravention of 
regulations made under this section and prescribing 
the fines, not exceeding $3,000, that may be imposed 
in respect of any such offence: 
(0) Providing for such matters as are contemplated by or 
necessary for giving full effect to the provisions of this 
Act and for its due administration. 
21. Atn.endtn.ent to New Zealand Geographic Board Act 
1946-Section 8 of the New Zealand Geographic Board Act 
1 946 is hereby amended by inserting, after subsection (1), the 
following subsection: 
"(lA) The Board shall also: 
"(a) Have the functions given to it by the Geographical 
Indications Act 1994: 
"(b) Provide Illaps or other documents that show the 
boundaries relating to geographical indications 
determined under the Geographical Indications Act . 
1994. " 
22. Atn.endtn.ent to Otnbudstnen Act 1975-Part 11 of the 
First Schedule to the OIllbudsmen Act 1975 is hereby amended 
by inserting, in its appropriate alphabetical order, the following 
item: 
"Geographical indications committees established under 
the Geographical Indications Act 1 994." 
This Act is administered in the Ministry of Commerce. 
WELLINGTON, NEW ZEAL<\ND: Published under the authority of the 
New Zealand Government-1994 
59515J-94/NS 