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Geographical Indications (Wine and Spirits) Registration Bill (Consistent) [2005] NZBORARp 18 (2 June 2005)

Last Updated: 6 April 2021

Geographical Indications (Wine and Spirits) Registration Bill

2 June 2005

Attorney-General

LEGAL ADVICE
CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:
GEOGRAPHICAL INDICATIONS (WINE AND SPIRITS) REGISTRATION BILL

1. We have considered whether the Geographical Indications (Wine and Spirits) Registration Bill (the "Bill") (PCO 6344/10) is consistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 9 June 2005.
2. The Bill repeals and replaces the Geographical Indications Act 1994 (the "Act"), which was passed to provide the requisite protection under the Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) for geographical indications for wines and spirits. However, this Act was never brought into force because it was premised on the establishment of a multilateral system of notification and registration of geographical indications, and the negotiations that are taking place within the World Trade Organisation to establish this system are still continuing.
3. The Bill seeks to:

• contribute to the development and continual growth of and innovation in, the wine and spirits industries in New Zealand by providing a suitable legal framework for the registration of geographical indications; and
• provide a sound trading and marketing environment that facilitates, rather than creates barriers to, the trade in wine and spirits.

4. We have concluded that the Bill appears to achieve overall consistency with the Bill of Rights Act.
5. In accordance with your instructions, we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister of Economic Development, if you agree.

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Geographical Indications (Wine and Spirits) Registration Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.