Updated 1 May 2024
In July 2023, New Zealand signed a free trade agreement (FTA) with the European Union (EU). Under the terms of this EU FTA:
- New Zealand provides protection for 1,975 EU geographical indications (GIs) used on a wide range of products, mostly foods and beverages. The EU may also put forward further GIs for protection in New Zealand in the future.
- The EU will provide similar protection for 23 New Zealand-registered GIs for wines and spirits.
A geographical indication (GI) is a sign used on products to identify that the product:
- comes from a specific territory, region or location, and
- has qualities, characteristics or reputation essentially attributable to its geographical origin.
A GI helps geographically “brand” a product. It assures that the product is authentic, and that it has specific characteristics due to its geographical origin. For example, the name ‘Champagne’ identifies sparkling wine that comes from the Champagne region in France and meets the requirements of the Champagne GI.
To register and therefore provide protection for these EU GIs, the New Zealand Government made changes to the Geographical Indications Registration Act 2006 (“the GI Act”). These changes received Royal Assent on 25 March 2024 as part of the European Union Free Trade Agreement Legislation Amendment Bill, and entered into force on 1 May 2024.
European Union Free Trade Agreement Legislation Amendment Bill — New Zealand Parliament
European Union Free Trade Agreement Legislation Amendment Act 2024 — New Zealand Legislation
How a Bill becomes law — New Zealand Parliament
EU GIs protected in New Zealand
The Geographical Indications register includes all EU GIs protected in New Zealand as a result of the New Zealand – European Union Free Trade Agreement. This includes terms that were included under the original FTA, as well as additional terms registered after its entry into force.
Geographical Indications Register
The register includes some GIs that were previously used by New Zealand businesses on goods that do not come from Europe. As the changes to the GI Act are currently in force, restrictions apply to the use of these GIs in New Zealand.
Registration of new EU GIs
Under the terms of the FTA, the EU may periodically propose additional GIs for registration in New Zealand. These proposed EU GIs undergo examination by IPONZ, and their registration may be opposed in a manner that is similar to other GI applications.
Restrictions on the use of EU Geographical Indications
From 1 May 2024, no person or business can continue to use, or start using, any of these EU geographical indication terms on their product unless:
- they are importing a product that comes from the specific location in Europe that is related to the GI, and
- the product complies with the requirements of the GI.
This applies whether the terms are used on the product’s labels, and/or in any related promotional or marketing material about the product. The restrictions also apply to the use of these terms to describe ingredients on commercial products. Using an EU GI term to describe an ingredient may breach “truth in labelling” provisions in the Fair Trading Act 1986, if that ingredient does not fulfil the above conditions.
If you have existing stock from before 1 May 2024 that breaches these new restrictions, you can continue to sell this stock until it is exhausted.
For example:
- A business will not be able to start selling a new balsamic vinegar using the term “Aceto Balsamico di Modena” unless the balsamic vinegar comes from Modena in Italy and is made according to the rules for its production in Italy.
- A business that is currently lawfully selling a balsamic vinegar using the term “Aceto Balsamico di Modena”:
- cannot continue to use the term if the balsamic vinegar does not come from Modena in Italy and is not made according to the Italian rules for its production. Any stock from before 1 May 2024 that uses this term may continue to be sold until that stock is exhausted.
- can continue using this term in the marketing and sales for this product as normal, if the balsamic vinegar comes from Modena in Italy and is made in accordance with the Italian rules for its production.
- A business that is currently lawfully selling a salad dressing that uses the term “Aceto Balsamico di Modena” to describe a balsamic vinegar ingredient:
- cannot continue to use the term to describe the ingredient, if the ingredient does not come from Modena in Italy and is not made according to the Italian rules for its production. Any stock from before 1 May 2024 that lists this term among its printed ingredients may continue to be sold until that stock is exhausted.
- can continue using this term to describe the ingredient, if the ingredient comes from Modena in Italy and is made according to the Italian rules for its production.
The restrictions on the use of EU GIs will apply even if the product:
- indicates its true place of origin,
- uses a translation or transliteration of the GI, or
- uses the GI accompanied by words such as “kind”, “type”, “style”, “imitation” (or similar).
A small number of EU GIs have special provisions that either allow for their continued use or support a gradual phase-out of their existing use. These GIs are noted below.
Terms to be phased out
Businesses that are currently using the following terms may continue to use them for commercial purposes until the end of the relevant phase-out period. The phase-out periods are over multiple years, to give users time to change their packaging and associated marketing material.
During the phase-out period, these GIs must be used with a legible and visible indication of the geographical origin of the relevant product. For example, a cheese made in Hawke’s Bay that is marketed as “feta” must clearly indicate that it originated in New Zealand.
List of terms to be phased out:
| GI Descriptor | Product Class | Phase-out period beginning 1 May 2024 |
|---|---|---|
|
Bayerisches Bier |
Beer |
5 years |
|
Münchener Bier |
Beer |
5 years |
|
Feta |
Cheeses |
9 years |
|
Gorgonzola* |
Cheeses |
5 years |
|
Grappa |
Spirits |
5 years |
|
Madeira / Madera |
Wines |
5 years |
|
Port |
Wines |
9 years |
|
Sherry / Jerez / Xérès |
Wines |
5 years |
|
Prosecco |
Wines |
5 years |
* The term “Gorgonzola” is also a registered certification trade mark in New Zealand and is subject to additional rules relating to its commercial use.
Terms that may continue to be used on goods made in New Zealand by certain prior users
Businesses that have used the term “Gruyère” or “Parmesan” continuously for at least 5 years before 1 May 2024 may continue to use the term.
The use of these terms must be accompanied by a legible and visible indication of the geographical origin of the relevant product. For example, a cheese made in Dunedin that is marketed as “Gruyère” must clearly indicate that it originated in New Zealand.
List of terms whose use may continue by prior users:
| Term | Corresponding GI Descriptor | Product Class |
|---|---|---|
|
Gruyère / Gruyere |
Gruyère |
Cheeses |
|
Parmesan* |
Parmigiano Reggiano |
Cheeses |
* The use of the term “Parmesan” is restricted on the basis that it is a translation of “Parmigiano Reggiano”. Conditions permitting the continued use of “Parmesan” by certain prior users do not similarly permit the use of “Parmigiano Reggiano”.
GIs with other specific provisions
Certain provisions also apply to the use of the following GIs.
| GI Descriptor | Product Class | Specific provision |
|---|---|---|
|
České pivo |
Beer |
Protection for this GI is only for its use in the Czech language. |
|
Českobudějovické pivo |
Beer |
Protection for this GI is only for its use in the Czech language. |
|
Roquefort |
Cheeses |
This GI does not prevent use of the compound term “Penicillium roqueforti” when referring to mould culture, as long as it does not mislead consumers. |
|
Armagnac |
Spirits |
Armagnac and the terms “Bas-Armagnac”, “Haut-Armagnac”, “Armagnac-Ténarèze”, and/or “Blanche Armagnac” are all protected. |
|
Alicante |
Wines |
This GI does not prevent use of the varietal term “Alicante Bouschet”, as long as it does not mislead consumers. |
|
Avola |
Wines |
This GI does not prevent use of the varietal term “Nero d’Avola”, as long as it does not mislead consumers. |
|
Cariñena |
Wines |
This GI does not prevent use of the varietal term “Carignan”, as long as it does not mislead consumers. |
|
Zeeland |
Wines |
Use of “Zeeland” must come with a clear indication that the wine originates from the Netherlands. This GI does not restrict any use of the term “New Zealand”. |
More information
For more information about the EU FTA, please visit the Ministry of Foreign Affairs and Trade (MFAT) website. Please contact MFAT in relation to any questions about the FTA and the EU GIs.
New Zealand - European Union Free Trade Agreement— Ministry of Foreign Affairs and Trade
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