Plant Variety Rights Act 1987 review: Proposed Regulations

Submissions closed: 01 September 2021, 5pm

The Ministry of Business, Innovation and Employment sought feedback on a discussion document exploring proposed regulations to support the new PVR regime.

The feedback from this consultation was used to advise the Government on what regulations would be needed to implement the provisions of the Plant Variety Rights (PVR) Bill.

The discussion sought feedback on proposed regulations to support the implementation of the provisions of the PVR Bill, particularly whether MBIE should: 

  • Draft a new set of regulations, from scratch without reference to regulations developed for other legislation, including other legislation administered by IPONZ
  • Base the regulations, as far as possible, on relevant provisions of regulations developed for other legislation administered IPONZ, in particular the Patents Regulations 2014.

There are also a number of issues for which there are no equivalents in the patents regime (such as time limits for paying fees and responding to requests for information and propagating material; and matters relating to growing trials and compulsory licences). These are discussed in greater detail in the discussion document.

The document also sought feedback on the proposed list of ‘non-indigenous species of significance’, and on how we should proceed with further consultation on this list if required. This list set out the species that are not indigenous to New Zealand but still considered taonga by Māori because they were brought over on the migrating waka. Any PVR application relating to these species will be referred to the Māori Plant Varieties Committee for consideration.

Your feedback on these issues informed officials’ advice to the Minister of Commerce and Consumer Affairs to enable policy decisions. These decisions would then inform which options to take in developing regulations.

The new Plant Variety Rights Bill which has now been introduced to Parliament and received its first reading. It has now been referred to the Economic Development, Science and Innovation select committee for consideration, where you can engage with the submissions process.

You can find out more information about the Bill and track its progress through Parliament on Parliament website.

Plant Variety Rights Bill(external link) — New Zealand Parliament – Pāremata Aotearoa

Opportunities to engage in person

Thank you to those who engaged with us at our hui to discuss the proposed list of non-indigenous species of significance under the new regime.

Last updated: 02 September 2021