Corporate & Commercial
The Wine Act 2003
On 1 January 2004, the Wine Act 2003 came into force. The Act applies to all wine made for reward or for trade or export.
The Wine Act replaces the Wine Makers Act 1981 and the Wine Makers Levy Act 1976, legislation from earlier times when the New Zealand wine industry was small and competed in a protected domestic market. Then, regulation of winemaking primarily involved a cursory examination of the premises and the reputation of the applicant.
The explosive growth of the wine industry - growth in participants, areas under vine and export sales plus anticipated multilateral and bilateral requirements of international agreements - gave impetus to the requirement for new legislation.
The Wine Act establishes an new integrated regime for the production and export of wine. The objectives of the Wine Act are as follows:
- To set standards for identity, truthfulness in labelling, and safety
of wine.
- To minimise and manage risks to human health arising from the making
of wine and ensuring compliance with wine standards.
- To facilitate the entry of wine into overseas markets by providing
the controls and mechanisms needed to give and safeguard official assurances
issued for the purpose of enabling entry into those markets.
- To enable the setting of export eligibility requirements to safeguard
the reputation of New Zealand wine in overseas markets.
- To promote consultation with industry organisations on the regulation
of the industry, as an aid to fostering efficiency and growth in the
New Zealand wine industry.
- To enable levies to be imposed on winemakers for payment to entities representing their interests for the funding of industry-good activities.
The new legislation should ensure the safety of wine, truthfulness in labelling and the verification of wine manufacture. Wine standards will be proposed by the New Zealand Food Safety Authority (NZFSA) and promulgated as regulations. The NZFSA will be the regulatory body responsible for implementing the provisions of the Wine Act (with the exception of matters relating to funding). The Wine Act has also amended the system for funding the wine industry, which is discussed in Part 2.
Order a full copy of the Winegrowers' Legal Guide.
Enquiries and information
For more information about the Winegrowers' Legal Guide, please contact:
David McGregor
Partner, Auckland
Philip Gregan
NZ Winegrowers
Disclaimer
This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.
