In this practice guideline
Registrar may establish GI committee
The Registrar may, if he or she thinks fit, establish a geographical indications committee (committee) in relation to an application for the:
- registration of a GI
- alteration of a registered GI, and/or
- removal of a registered GI from the register.
Each committee must include:
- the Surveyor-General, or their representative (if the matter relates to boundaries)
- a member of the New Zealand Geographic Board (if the matter relates to place names
- one or more persons with appropriate knowledge of the wine or spirits industry (appointed after consultation with the relevant national and regional organisations).
The function of the committee is to advise the Registrar on issues relating to the boundaries and the use of a place name as a GI.
In deciding whether or not to establish a committee in relation to an application for registration of a GI, the Registrar must have regard to the following factors:
- whether any person opposes or, in the opinion of the Registrar, is likely to oppose the application for registration
- whether the application is supported by the relevant national and regional organisations representing the wine or spirits industry, as the case may be
- whether there are any existing trade mark rights that may need to be taken into account in considering the application
- whether there are any existing homonymous GIs
- whether, if the application is successful, the GI might be registered subject to conditions
- the history and current use of the GI in New Zealand and the country of origin
- any other factors that the Registrar considers relevant.
See section 53 and section 54 of the GI Act.