Plant Variety Rights Act 2022
Public Act  2022 No 61
Date of assent  18 November 2022
Commencement  see section 2
Contents
Page
1 Title 8
2 Commencement 8
Part 1
Preliminary provisions
Subpart 1—Purpose and overview
3 Purposes 8
4 Principles of Treaty of Waitangi 9
5 Outline of regulatory scheme 9
Subpart 2—Interpretation
6 Interpretation 9
7 Meaning of plant and plant varieties 11
8 Essentially derived varieties 12
9 Dependent varieties 12
10 Breeding a plant variety 12
11 Who is the breeder 12
12 Propagation and propagating material 13
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers
under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Ministry of Business, Innovation, and Employment.Version
as at 24 January 2023
1Subpart 3—Other preliminary matters
13 Transitional, savings, and related provisions 13
14 Act binds the Crown 13
Part 2
Plant variety rights
Subpart 1—Nature and scope of PVR: UPOV 91
15 PVR is exclusive right to exploit protected variety 13
16 Exception to PVR: farm-saved seed 14
17 Exception to PVR: private, experimental, and breeding purposes 15
18 Exhaustion of PVR: material lawfully sold or marketed 15
19 Duration of PVR 16
20 PVR is personal property 16
Subpart 2—Nature and scope of PVR: UPOV 78
21 Status of plant variety rights granted under 1987 Act 16
Part 3
Infringement and enforcement
Subpart 1—Infringement of PVR
22 Infringement of PVR 17
23 What does not constitute infringement 17
24 Limitation of damages 17
25 PVR holder’s authorisation 18
26 Notice of protection 18
27 Restrictions during and following expiry of PVR 19
Subpart 2—Infringement proceedings
28 Commencement of infringement proceedings 19
29 Types of relief available for infringement 19
Part 4
Grant of plant variety rights
Subpart 1—Grant of PVR and criteria
30 Grant of PVR 19
31 Grant of PVR where there are 2 or more breeders 20
32 Criteria for granting PVR 20
33 Meaning of novel 20
34 Meaning of distinct 21
35 Meaning of uniform 22
36 Meaning of stable 22
37 Criteria for plant variety denomination 22
Subpart 2—PVR applications
38 Application for PVR 23Plant Variety Rights Act 2022Version as at
24 January 2023
239 Additional requirements for applications where kaitiaki
relationship asserted23
40 Variation of PVR application to alter denomination sought 24
41 Withdrawal of PVR application 24
Subpart 3—Dates and priority
42 Application date 24
43 Priority date 25
44 Priority arising from overseas application 25
45 Priority of PVR applications 25
46 Cancellation of PVR because of earlier overseas applications 25
Subpart 4—Consideration of PVR application
47 PVR application to be notified and made publicly available 26
48 Propagating material and information 26
49 Growing trials 27
50 Fees 27
51 Opposition to grant of PVR 28
52 Consideration of application and notices of opposition 28
53 Alternative denomination if criteria for denominations not met 28
Part 5
Additional provisions that apply to indigenous plant species
and non-indigenous plant species of significance
Subpart 1—Preliminary provisions
54 Overview of Part 5 29
55 Application of this Part 29
56 Interpretation of this Part 29
Subpart 2—Māori Plant Varieties Committee
57 Appointment and membership of Māori Plant Varieties Committee 30
58 Functions of Māori Plant Varieties Committee 30
59 Advice given under section 58(c) and (d) 31
60 Remuneration of Māori Plant Varieties Committee 31
Subpart 3—Additional procedures for applications to which this
Part applies
61 Commissioner must refer applications to Māori Plant Varieties
Committee31
62 Māori Plant Varieties Committee’s role 31
63 Assessment where kaitiaki relationship asserted 32
64 Process to be adopted by Māori Plant Varieties Committee 32
65 Decision-making by Māori Plant Varieties Committee 33
66 Factors to be considered when deciding condition to mitigate
adverse effects on kaitiaki relationship33Version as at
24 January 2023 Plant Variety Rights Act 2022
367 Decision by Māori Plant Varieties Committee that PVR application
should proceed or be declined33
68 Request for reconsideration of Māori Plant Varieties Committee’s
decisions34
Other provisions
69 Powers to require nullification or cancellation of PVR to which
this Part applies35
70 Frivolous, vexatious, or repetitious applications 35
Appeals against certain Part 5 decisions
71 Māori Appellate Court 36
72 Decision stayed pending determination of appeal 36
73 Decision on appeal 36
74 Jurisdiction of Māori Appellate Court 36
Part 6
Plant variety rights: other matters
Subpart 1—General matters
Requests for information or propagating material
75 Commissioner may request propagating material or information 37
Substitution of applicants
76 Persons claiming under assignment or agreement or by operation
of law37
77 Death of applicant 38
Registration of assignments, and certain other interests in PVRs
78 Application for registration of assignments, and certain other
interests in PVRs38
79 Registration of assignments, and certain other interests in PVRs 38
Vesting of PVR and PVR application without probate or letters of
administration
80 Commissioner may vest PVR or PVR application without probate
or letters of administration39
Cessation of PVR before expiry date
81 How PVR may cease to be in force before expiry date 39
Subpart 2—Cancellation, nullification, surrender, and renewal fees
82 Grounds for cancellation or nullification 40
83 Effect of cancellation 40
84 Effect of nullification 41
Cancellation or nullification by Commissioner
85 Cancellation or nullification by Commissioner on own initiative 41
86 Cancellation or nullification by Commissioner on application 41Plant Variety Rights Act 2022Version as at
24 January 2023
487 Application to Commissioner to cancel or nullify PVR 41
88 Frivolous, vexatious, or repetitious applications 42
89 Consideration of application 42
Cancellation or nullification by court
90 Cancellation or nullification by court 43
Surrender
91 Surrender of PVR 43
Renewal fee
92 PVR holder must pay PVR renewal fee 43
Subpart 3—Restoration of lapsed PVR applications
93 Restoration of lapsed PVR application 44
94 Application for restoration of lapsed PVR application 44
95 No prima facie case made out 45
96 Consideration of application 45
97 Opposition 45
98 Consideration of application and notices of opposition 45
99 Conditions of restoration 46
Subpart 4—Restoration of cancelled PVRs
100 Restoration of cancelled PVR 46
101 Application for restoration of cancelled PVR 47
102 No prima facie case made out 47
103 Consideration of application 48
104 Opposition 48
105 Consideration of application and notices of opposition 48
106 Conditions of restoration 49
Part 7
Compulsory licences
Subpart 1—Grant of compulsory licences and criteria
107 Effect of compulsory licence 49
108 Grant of compulsory licence 50
109 Criteria for granting compulsory licence 50
110 Royalty payable by licensee 51
Subpart 2—Applications for compulsory licences
111 Application for compulsory licence 51
112 Application to be notified and made publicly available 52
113 Commissioner’s powers to obtain information 52
114 Content of compulsory licence 52
Subpart 3—Amendment or revocation of compulsory licences
115 Amendment or revocation of compulsory licence 53
116 Grounds for Commissioner to amend or revoke 53Version as at
24 January 2023 Plant Variety Rights Act 2022
5117 Amendment or revocation by Commissioner on application 53
118 Application to Commissioner to amend or revoke compulsory
licence53
119 Consideration of application 54
Part 8
Administration, secondary legislation, and other matters
Subpart 1—Commissioner and Assistant Commissioners
120 Commissioner and Assistant Commissioners 54
121 Functions 54
122 Delegation by Commissioner 55
123 Liability of Commissioner and others 55
124 Hearing before exercise of Commissioner’s discretion 55
Evidence
125 How to give evidence to Commissioner in proceedings 55
126 Commissioner may receive evidence on oath 56
127 Issuing of summons by Commissioner 56
128 Requirements for summons 56
129 Witnesses’ fees, allowances, and expenses 57
130 Offence of failing to comply with summons 57
Appeals against Commissioner’ s decisions
131 Appeal to High Court 58
132 Decision stayed pending determination of appeal 58
133 Appeals against decisions of High Court on appeal 58
Subpart 2—Other administrative matters
Plant variety rights register
134 Register 59
135 Form of register 59
136 Contents of PVR register 59
Searches of PVR register and obtaining PVR information
137 Search of PVR register 60
138 Requests for PVR information and certified copies 60
Changes to PVR register and other official documents
139 Changes to PVR register 60
140 Commissioner may correct own mistakes in PVR register, etc 60
141 Commissioner may correct other persons’ mistakes in PVR
register, etc61
142 Commissioner may alter certain inconsistent information 62
143 Court may correct PVR register 62
Evidence
144 Evidence: PVR register and PVRs 62Plant Variety Rights Act 2022Version as at
24 January 2023
6145 Evidence: anything done by Commissioner 62
Confidentiality
146 Obligation of confidentiality on applicant, iwi, and hapū, etc 63
147 Breach of confidentiality proceedings 63
148 Types of relief available for breach of confidentiality 63
Fees and other money
149 Fees and other money 64
150 Payment and application of fees and other money paid under this
Act64
Journal and other publications
151 Commissioner must publish journal 64
Electronic filing and service, etc
152 Electronic filing and service, etc 65
Serving of notices and other documents
153 Service of notices (other than those given to or by Commissioner) 65
Meanings of certain terms
154 Meaning of publicly notify 66
155 Meaning of make publicly available 67
Subpart 3—Secondary legislation
156 Regulations 67
157 Declaration of entity to be UPOV party 70
Subpart 4—Repeals and revocations
158 Repeals and revocations 70
Subpart 5—Amendments
159 Consequential amendments to other Acts 71
Schedule 1
Transitional, savings, and related provisions72
Schedule 2
Part 5 appeals77
Schedule 3
Appeals to High Court78
Schedule 4
Amendments to other enactments79
The Parliament of New Zealand enacts as follows:
 Version as at
24 January 2023 Plant Variety Rights Act 2022
71 Title
This Act is the Plant Variety Rights Act 2022.
2 Commencement
(1) The following provisions come into force on the day after the date on which
this Act receives the Royal assent:
(a) sections 1 and 2:
(b) Part 1 (preliminary provisions and interpretation), except for section 13:
(c) subparts 1 and 2 of Part 5:
(d) sections 156 and 157:
(e) clause 6 of Schedule 1.
(2) The rest of this Act, including any provisions in the schedules which are not
referred to in subsection (1), comes into force—
(a) on 1 or more dates appointed by the Governor-General by Order in
Council:
(b) to the extent not brought into force earlier, on the second anniversary of
the date on which this Act receives the Royal assent.
(3) However, an Order in Council may not bring subpart 3 of Part 5 into force—
(a) earlier than the first anniversary of the date on which this Act receives
the Royal assent; or
(b) until a date later than the date on which Part 4 is brought into force.
(4) An order under this section is secondary legislation ( see Part 3 of the Legis‐
lation Act 2019 for publication requirements).
Legislation Act 2019 requirements for secondary legislation made under this section
Publication PCO must publish it on the legislation website and notify
it in the GazetteLA19 s 69(1)(c)
Presentation The Minister must present it to the House of
RepresentativesLA19 s 114
Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.
Section 2(2)(a): the rest of this Act (except subpart 3 of Part 5) brought into force, on 24 January
2023, by clause 2 of the Plant Variety Rights Act 2022 Commencement Order 2022 (SL 2022/345).
Part 1
Preliminary provisions
Subpart 1—Purpose and overview
3 Purposes
The purposes of this Act are—s 1 Plant Variety Rights Act 2022Version as at
24 January 2023
8(a) to provide an efficient and effective plant variety rights system that revi‐
ses and consolidates the law on plant variety rights in the light of New
Zealand’s obligations under the Comprehensive and Progressive Agree‐
ment for Trans-Pacific Partnership ( CPTPP ) in relation to the UPOV
Convention:
(b) to protect kaitiaki relationships with taonga species and mātauranga
Māori in the plant variety rights system:
(c) to promote innovation and economic growth in New Zealand by provid‐
ing incentives for the development and use of new plant varieties while
maintaining an appropriate balance between the interests of plant breed‐
ers, growers, and others so there is a net benefit to society as a whole.
4 Principles of Treaty of Waitangi
This Act recognises and respects the Crown’s obligations under the principles
of Te Tiriti o Waitangi/the Treaty of Waitangi in relation to the law on plant
variety rights, through the provisions of Part 5 and related provisions that sup‐
port the purpose of Part 5.
5 Outline of regulatory scheme
(1) This Act provides a framework for protecting intellectual property rights in
plant varieties.
(2) This Act (with the exception of Part 5) applies to all plant genera and species.
(3) Part 5 applies only to indigenous plant species and non-indigenous plant spe‐
cies of significance.
(4) This Act provides for—
(a) plant variety rights ( PVRs ) granted under this Act; and
(b) existing plant variety rights that were granted under the Plant Variety
Rights Act 1987 and are continued by section 21.
Subpart 2—Interpretation
6 Interpretation
In this Act, unless the context otherwise requires,—
application date , in relation to a PVR application, has the meaning set out in
section 42
breed  has the meaning set out in section 10
breeder  has the meaning set out in section 11
chief executive  means the chief executive of the Ministry
Commissioner  means the person appointed as Commissioner of Plant Variety
Rights under section 120Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 1 s 6
9compulsory licence  means a licence granted by the Commissioner under sec‐
tion 108
court  means the High Court
denomination , in the case of a protected variety, means the name recorded in
the register for that variety
dependent , in relation to a plant variety, has the meaning set out in section 9
essential characteristics , in relation to a plant variety, means the heritable
traits that are determined by the expression of 1 or more genes, or other herita‐
ble determinants, that contribute to the principal features, performance, or
value of the plant variety
essentially derived , in relation to a plant variety, has the meaning set out in
section 8
exclusive licensee  means the licensee referred to in section 25(3)
exploit  has the meaning set out in section 15
journal  means the journal required to be published under section 151
kaitiaki relationship , in relation to a plant species, means the relationship that
any particular iwi, hapū, individual of Māori descent, or Māori entity has, or
Māori in general have, as guardian, trustee, or caretaker of—
(a) an indigenous plant species; or
(b) a non-indigenous plant species of significance
make publicly available , in relation to the Commissioner, has the meaning set
out in section 155
Māori Plant Varieties Committee  or committee  means the Māori Plant Var‐
ieties Committee appointed under section 57
Ministry  means the department of State, that, with the authority of the Prime
Minister, is for the time being responsible for the administration of this Act
non-UPOV country  means a country that is not a UPOV party
overseas application  means an application for an overseas breeder’s right
overseas breeder’s right  means a breeder’s right (as defined in the UPOV
Convention) for a plant variety that is in force under the law of a UPOV party
(other than New Zealand)
plant  has the meaning set out in section 7
plant variety  has the meaning set out in section 7
priority date  has the meaning set out in section 43
propagate  has the meaning set out in section 12
propagating material  has the meaning set out in section 12
protected variety  means a plant variety for which a PVR is in forcePart 1 s 6 Plant Variety Rights Act 2022Version as at
24 January 2023
10publicly notify , in relation to the Commissioner, has the meaning set out in
section 154
PVR  means a plant variety right granted under section 30(3)(a)
PVR application  means an application made under section 30(1) for a PVR
for a plant variety
PVR holder , in relation to a protected variety, means the person recorded in
the register as the holder of the PVR for that variety
register  means the register of plant variety rights kept under section 134
regulations  means regulations made under section 156
restricted act  has the meaning set out in section 15(3)
territory , in relation to a UPOV party, means,—
(a) for a State, the territory of that State; or
(b) for an intergovernmental organisation, the territory in which the consti‐
tuting treaty of the organisation applies
UPOV Convention  means the International Convention for the Protection of
New Varieties of Plants done at Paris on 2 December 1961, as revised at Gen‐
eva on 10 November 1972, 23 October 1978, and 19 March 1991
UPOV party  means—
(a) a State or an intergovernmental organisation that is a party to the UPOV
Convention (whether or not it is also party to some or all of the revisions
to that convention); or
(b) a State, an international organisation, or another international entity that
is declared to be a UPOV party under section 157.
7 Meaning of plant and plant varieties
(1) A plant  means a member of any plant genus and species,—
(a) including a fungus or an alga; but
(b) not including a bacterium.
(2) A plant variety  means a plant grouping that—
(a) is contained within a single botanical taxon of the lowest known rank;
and
(b) can be defined by the expression of the characteristics resulting from a
particular genotype or combination of genotypes; and
(c) can be distinguished from any other plant grouping by the expression of
at least 1 of those characteristics; and
(d) can be considered as a unit because of its suitability for being propagated
unchanged.Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 1 s 7
118 Essentially derived varieties
(1) A plant variety ( variety B ) is essentially derived  from another plant variety
(variety A ) if—
(a) variety B is predominantly derived from variety A, or from a variety that
is itself predominantly derived from variety A, while retaining the essen‐
tial characteristics that result from the genotype or combination of geno‐
types of variety A; and
(b) variety B is clearly distinguishable from variety A; and
(c) except for the differences that result from the act of derivation, variety B
conforms to variety A in the expression of the essential characteristics
that result from the genotype or combination of the genotypes in variety
A.
(2) For the purposes of subsection (1), a plant variety may be derived (for
example) by—
(a) the selection of—
(i) a natural or induced mutant; or
(ii) a somaclonal variant; or
(iii) a variant individual from plants of the initial variety; or
(b) backcrossing; or
(c) transformation by genetic engineering.
9 Dependent varieties
A plant variety ( variety C ) is dependent  on another plant variety ( variety A )
if—
(a) variety C is not clearly distinguishable from variety A; or
(b) variety C cannot be reproduced except by the repeated use of variety A
or of another dependent variety of variety A.
10 Breeding a plant variety
To breed  a plant variety—
(a) includes the process of selection within the variation of a plant or plant
population generated by natural or other means, together with the
process of propagation and evaluation so as to enable the development
of the variety; and
(b) is not restricted to any method or technique by which a new variety is
bred.
11 Who is the breeder
(1) If a plant variety is bred by only 1 person, that person is the breeder .Part 1 s 8 Plant Variety Rights Act 2022Version as at
24 January 2023
12(2) If a plant variety is bred by 2 or more persons (whether jointly or independ‐
ently and whether at the same time or different times), each of them is a
breeder .
(3) A breeder includes a successor in title to a person who is a breeder under sub‐
section (1) or (2).
12 Propagation and propagating material
(1) To propagate  a plant variety means to grow, culture, multiply, or reproduce the
plant variety (whether by sexual or asexual means).
(2) Propagating material , in relation to a plant variety, means any part or product
from which (whether alone or in combination with other parts or products of
that plant) another plant with the same essential characteristics can be propaga‐
ted.
Subpart 3—Other preliminary matters
13 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have
effect according to their terms.
14 Act binds the Crown
This Act binds the Crown.
Part 2
Plant variety rights
Subpart 1—Nature and scope of PVR: UPOV 91
15 PVR is exclusive right to exploit protected variety
(1) A PVR for a plant variety gives the PVR holder the exclusive right to exploit
the protected variety.
(2) To exploit  a protected variety ( variety A ) means to undertake, or to authorise
another person to undertake, 1 or more restricted acts with any of the follow‐
ing:
(a) propagating material of—
(i) variety A; or
(ii) a plant variety that is essentially derived from variety A, if variety
A is not itself an essentially derived variety; or
(iii) a plant variety that is dependent on variety A:
(b) unless the PVR holder has had a reasonable opportunity to exercise their
exclusive rights in relation to the propagating material described in para‐Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 2 s 15
13graph (a), harvested material obtained through the unauthorised use of
that propagating material.
(3) Each of the following is a restricted act :
(a) production or reproduction:
(b) conditioning for the purpose of propagation:
(c) selling or offering for sale or other marketing:
(d) importing or exporting:
(e) stocking for the purpose of undertaking any other restricted activity.
(4) However, the PVR holder’s right is subject to—
(a) the exceptions in sections 16 to 18; and
(b) the Commissioner’s power to grant compulsory licences under section
108.
16 Exception to PVR: farm-saved seed
(1) This section applies if a person engaged in farming activities (a farmer )—
(a) lawfully obtains seed—
(i) of a protected variety; or
(ii) of a plant variety that is essentially derived from, or is dependent
on, a protected variety; and
(b) in the course of their farming activities, grows plants from that seed; and
(c) harvests seed from those plants.
(2) However, this section applies subject to any limitations or requirements in the
regulations doing, without limitation, 1 or more of the following:
(a) specifying the plant varieties to which this section does not apply:
(b) requiring a farmer to pay remuneration as a condition of the exercise of
the rights conferred by this section:
(c) limiting or specifying the amount of seed to which the rights conferred
by this section apply:
(d) making different provisions in different circumstances (for example, for
farms of different sizes or for different amounts of seed).
(3) The farmer may—
(a) condition for the purpose of propagation of that seed the amount that
they require for their future farming activities on their own farm hold‐
ings; and
(b) in the course of those farming activities on their own farm holdings,
reproduce further seed; and
(c) store the seed for the purpose of the things described in paragraphs (a)
and (b).Part 2 s 16 Plant Variety Rights Act 2022Version as at
24 January 2023
14(4) However, the farmer may do the things authorised by subsection (3) only if
they comply with any requirements specified in the regulations.
(5) In carrying out an activity permitted by this section, the farmer—
(a) does not require authorisation from the PVR holder; and
(b) does not infringe the PVR.
(6) For the purposes of this section,—
(a) a farmer’s own farm holdings are land used by the farmer to grow plants
whether the land is—
(i) owned or leased by the farmer; or
(ii) managed under the farmer’s own responsibility and on their own
account:
(b) seed is lawfully obtained  if it is obtained by the operation of this section
on a previous occasion.
17 Exception to PVR: private, experimental, and breeding purposes
(1) A person may exploit a protected variety if they do so solely for 1 or more of
the following purposes:
(a) private and non-commercial purposes:
(b) experimental purposes:
(c) breeding other plant varieties.
(2) In doing the things authorised by subsection (1), the person—
(a) does not require authorisation from the PVR holder; and
(b) does not infringe the PVR.
18 Exhaustion of PVR: material lawfully sold or marketed
(1) If any protected material is sold or otherwise marketed in New Zealand with
the authority of the PVR holder, another person may undertake a restricted act
in relation to that protected material without the authority of the PVR holder
unless that restricted act involves—
(a) further propagation of the variety; or
(b) the export of the propagating material for a purpose other than final con‐
sumption, to a non-protected place.
(2) In this section,—
non-protected place , in relation to a plant variety, means a country that pro‐
vides no protection for varieties of the genus or species to which the variety
belongs
protected material  means—
(a) propagating material of—Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 2 s 18
15(i) a protected variety; or
(ii) a plant variety that is essentially derived from a protected variety;
or
(iii) a plant variety that is dependent on a protected variety; or
(b) harvested material of a variety described in paragraph (a); or
(c) any product made directly from harvested material of a variety described
in paragraph (a).
19 Duration of PVR
(1) A PVR for a plant variety—
(a) takes effect when it is granted under section 30(3)(a); and
(b) remains in effect until the close of the expiry date.
(2) However, the PVR ceases to be in effect before the expiry date if—
(a) it is cancelled or nullified under section 85, 86, or 90; or
(b) it is surrendered under section 91; or
(c) it is deemed to be cancelled for non-payment of a PVR renewal fee
under section 92 (subject to section 100).
(3) The expiry date  for a PVR is the date that is,—
(a) if the plant variety is a woody plant or its root stock or a potato, 25 years
after the PVR was granted; or
(b) otherwise, 20 years after the PVR was granted.
20 PVR is personal property
A PVR is personal property.
Subpart 2—Nature and scope of PVR: UPOV 78
21 Status of plant variety rights granted under 1987 Act
A plant variety right granted under the Plant Variety Rights Act 1987  (the 1987
Act)—
(a) is the right conferred by the 1987 Act; and
(b) does not include additional rights granted to the holders of plant variety
rights under this Act.Part 2 s 19 Plant Variety Rights Act 2022Version as at
24 January 2023
16Part 3
Infringement and enforcement
Subpart 1—Infringement of PVR
22 Infringement of PVR
(1) In this Act, a person infringes  the PVR for a protected variety if—
(a) the person exploits the protected variety; and
(b) the exploitation is not excluded from the operation of this section under
section 23; and
(c) the exploitation occurs—
(i) on or after the priority date for the application that results in the
PVR being granted but before the PVR is granted; or
(ii) while the PVR is in force.
(2) A person ( person A ) also infringes the PVR for a protected variety ( variety 1 )
with a specified denomination if person A—
(a) exploits another variety ( variety 2 ) by referring to it as that specified
denomination; and
(b) does not own the PVR for variety 1 and is not authorised to exploit it
under a licence issued by the owner of the PVR for variety 1.
(3) Subsection (2) does not apply if the groups of plants to which variety 1 and
variety 2 belong are recognised as being distinct for the purposes of denomin‐
ation.
(4) Subsections (1) and (2) do not apply to—
(a) a PVR holder, unless the holder has conferred the exclusive right to
exploit the protected variety on another person (the exclusive licensee );
or
(b) an exclusive licensee of the PVR holder.
23 What does not constitute infringement
A person does not infringe a PVR for a protected variety by doing something
that—
(a) they are authorised to do by the PVR holder; or
(b) they are permitted to do under sections 16 to 18; or
(c) they are authorised to do by a compulsory licence.
24 Limitation of damages
(1) If, in any proceedings for the infringement under section 22 of the rights of the
holder of a PVR, it is proved or admitted that an infringement was committed
but the defendant proves that, at the time of that infringement, the defendantVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 3 s 24
17was not aware, and had no reasonable grounds for supposing, that it was an
infringement, the plaintiff—
(a) is not entitled under section 29 to any damages against the defendant in
respect of that infringement; but
(b) is entitled instead to an account of profits in respect of that infringement.
(2) Subsection (1) does not affect any entitlement of the holder of a PVR to any
relief in respect of the infringement of that holder’s rights under section 22 ,
other than damages.
25 PVR holder’s authorisation
(1) The PVR holder for a protected variety may authorise any other person (the
licensee ) to exploit the protected variety.
(2) The authorisation may be given subject to any conditions or limitation the PVR
holder thinks fit.
(3) If the authorisation gives the licensee exclusive rights to exploit the protected
variety in New Zealand (an exclusive licence ), the licensee (the exclusive
licensee ) has the same rights as the PVR holder to take proceedings in respect
of any infringement of the PVR that—
(a) affects the rights of the licensee; and
(b) occurs after the authorisation is granted.
(4) If an exclusive licensee brings an infringement proceeding, the PVR holder
must be joined as a defendant (unless joined as a plaintiff).
(5) A PVR holder who is joined as a defendant is not liable for costs unless that
holder defends the proceedings.
26 Notice of protection
(1) Subsections (2) and (3) apply to a breeder who—
(a) has acquired a PVR in respect of a plant variety; and
(b) sells or markets any propagating material of that variety.
(2) The breeder must take all reasonable steps, by means of suitable labelling or
other identification of that material, to inform the purchaser concerned of that
right.
(3) In determining, for the purposes of section 24, whether any person had reason‐
able grounds for supposing that any action was an infringement of the rights of
a PVR holder, the court may take into account the extent (if any) to which that
PVR holder or, as the case requires, the defendant concerned, complied with
subsection (2) in respect of any propagating material in respect of which that
infringement occurred.Part 3 s 25 Plant Variety Rights Act 2022Version as at
24 January 2023
1827 Restrictions during and following expiry of PVR
Any person who at any time sells propagating material of a protected variety,
or of a variety that was a protected variety until the grant made in respect of it
expired, must—
(a) use its denomination; and
(b) not associate any trade mark, trade name, or other similar indication with
that denomination unless that denomination is clearly recognisable.
Subpart 2—Infringement proceedings
28 Commencement of infringement proceedings
(1) The holder of a PVR may bring an infringement proceeding in respect of that
PVR in the court.
(2) An infringement proceeding in relation to a plant variety cannot be commenced
until after the PVR has been granted (even if the infringement occurred during
the period referred to in section 22(1)(c)(i)).
29 Types of relief available for infringement
The relief that the court may grant for an infringement of a PVR includes—
(a) an injunction; and
(b) at the option of the plaintiff, damages or an account of profits.
Part 4
Grant of plant variety rights
Subpart 1—Grant of PVR and criteria
30 Grant of PVR
(1) A breeder may apply to the Commissioner for a PVR for a plant variety in
accordance with section 38 and (if applicable) section 39.
(2) The Commissioner must consider the application in accordance with subparts 3
and 4 of this Part, and (if applicable) Part 5, and any procedures specified in
the regulations.
(3) After considering the application, the Commissioner must—
(a) grant the PVR to the applicant—
(i) if satisfied that the criteria for granting a PVR in section 32 are
met; and
(ii) in a case where Part 5 applies, if the Māori Plant Varieties Com‐
mittee has informed the Commissioner under section 67 that the
application should proceed; but
(b) otherwise, refuse to grant the PVR.Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 4 s 30
19(4) If the Commissioner grants a PVR, they must—
(a) notify the applicant and anyone who opposed the application under sec‐
tion 51 (other than a person who withdrew their notice of opposition
before the Commissioner decided to grant the PVR); and
(b) enter the PVR in the register.
(5) If the Māori Plant Varieties Committee decides, under section 67(1)(c), that an
agreed or a proposed condition must be a condition of grant of a PVR, the
Commissioner must impose that condition when granting the plant variety
right.
(6) If the Commissioner refuses to grant a PVR, they must notify the applicant and
anyone who opposed the application under section 51 of the decision and the
reasons for it.
(7) The Commissioner must not grant a PVR until the applicant has complied with
all requirements imposed on the applicant by this Act or the regulations that are
prescribed as relevant requirements for the purposes of this subsection.
31 Grant of PVR where there are 2 or more breeders
(1) If 2 or more persons breed a plant variety jointly, those persons, or some of
them, may make a joint application for the PVR for that variety.
(2) If 2 or more persons breed a plant variety jointly, one of those persons may not
apply for a PVR for that variety otherwise than jointly with, or except with the
consent in writing of, each other of those persons.
32 Criteria for granting PVR
The criteria that must be met to grant a PVR for a plant variety to an eligible
applicant are that—
(a) the plant variety is all of the following:
(i) novel ( see section 33):
(ii) distinct ( see section 34):
(iii) uniform ( see section 35):
(iv) stable ( see section 36):
(b) the name for the plant variety meets the denomination criteria in section
37.
33 Meaning of novel
(1) A plant variety is novel  if propagating material or harvested material for the
plant variety has not been distributed—
(a) in New Zealand before the period beginning 12 months before the prior‐
ity date; and
(b) in any other territory—Part 4 s 31 Plant Variety Rights Act 2022Version as at
24 January 2023
20(i) if the plant variety is a woody plant or its root stock or a potato,
before the period beginning 6 years before the priority date:
(ii) otherwise, before the period beginning 4 years before the priority
date.
(2) Subsection (3) applies where, to increase the stock of a variety or for evalu‐
ation trials or tests of a variety, its owner makes arrangements under which—
(a) propagating material of that variety is to be sold to, or used by, some
other person; and
(b) any unused portion of that propagating material, and all the material of
any sort produced from that propagating material, is—
(i) to be sold to that owner by that other person; or
(ii) kept to become the property of the owner.
(3) For the purposes of subsection (1), no account may be taken of any sale under
that arrangement of—
(a) propagating material of that variety by that owner to that other person; or
(b) material of any sort of that variety by that other person to that owner.
(4) For the purposes of subsection (1), a variety does not cease to be novel because
of the sale at any time of—
(a) material to which subsection (5) applies that is not propagating material;
or
(b) propagating material to which subsection (5) applies that is disposed of
for purposes other than reproduction.
(5) Subsection (4) applies to material that, having been produced during the breed‐
ing of a variety, or to increase the stock of a variety or for evaluation tests or
trials of a variety, is not (or is no longer) required for any of those activities.
(6) In this section, distributed , in relation to a variety, means sold or otherwise
disposed of to another person for the purposes of exploiting the variety by, or
with the consent of, the breeder.
34 Meaning of distinct
(1) A plant variety is distinct  if it is clearly distinguishable from any other plant
variety whose existence is a matter of common knowledge at the application
date.
(2) Without limiting what is common knowledge, the existence of a plant variety
(variety K ) is taken to be common knowledge  if—
(a) there is or has been an overseas breeder’s right for variety K:
(b) an application of either of the following kinds has been made in relation
to variety K:Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 4 s 34
21(i) a PVR application made under this Act or under the laws of any
other country, resulting in the grant of PVR for variety K; or
(ii) an application under this Act or the laws of any other country to
enter variety K onto an official register, resulting in the entry of
the variety on the official register in the relevant country.
35 Meaning of uniform
A plant variety is uniform  if, subject to the variation that may be expected
from the particular features of its propagation, it is sufficiently uniform in its
relevant characteristics.
36 Meaning of stable
A plant variety is stable  if its relevant characteristics remain unchanged after
repeated propagation or, in the case of a particular cycle of propagation, at the
end of each such cycle.
37 Criteria for plant variety denomination
(1) The criteria for the denomination of a plant variety are that the denomination—
(a) enables the plant variety to be identified; and
(b) does not consist solely of figures (unless that is an established practice
for designating varieties); and
(c) is not liable to mislead or cause confusion concerning—
(i) the characteristics, value, or identity of the plant variety; or
(ii) the name of the breeder applying for the PVR (or, if there is more
than 1 applicant, the name of each breeder); and
(d) is different from any denomination that designates an existing plant var‐
iety of the same or a similar species in New Zealand or the territory of
any other UPOV party; and
(e) is the same as the denomination—
(i) in any overseas breeder’s right for the plant variety; or
(ii) in any overseas application in relation to the plant variety that has
been made and has not yet been finally determined; and
(f) is not one in respect of which another person has a prior right that would
prevent a person from using the denomination when they are required to
do so in order to avoid infringing the PVR under section 22(2); and
(g) meets any other prescribed criteria.
(2) However, subsection (1)(e) does not apply if the denomination used overseas
does not meet the criteria in subsection (1)(a) to (d) and (f).
(3) Despite subsections (1) and (2), if in the opinion of the Commissioner, the use
or approval of a denomination would be likely to offend a significant section ofPart 4 s 35 Plant Variety Rights Act 2022Version as at
24 January 2023
22the community, including Māori, the Commissioner must not approve the
denomination.
Subpart 2—PVR applications
38 Application for PVR
(1) A PVR application in relation to a plant variety may be made by 1 breeder or
by 2 or more breeders jointly.
(2) The application must—
(a) be made in the way specified in the regulations; and
(b) include the following information:
(i) a completed technical questionnaire about the plant variety (being
a questionnaire supplied to the applicant by the Commissioner):
(ii) the name of the breeder applying for the PVR (or each of them if
there is more than 1):
(iii) any other information specified in the regulations; and
(c) be accompanied by any amount of propagating material of the candidate
variety specified in the regulations (which must be sent to the Commis‐
sioner or a person nominated by the Commissioner); and
(d) be accompanied by any fee specified in the regulations.
(3) The proposed denomination of the plant variety must be filed with the Com‐
missioner by the prescribed date, and if it is not filed by that date the applica‐
tion lapses.
(4) If an application is not accompanied by the prescribed fee (if any), the Com‐
missioner may not process the application until the prescribed fee is paid.
39 Additional requirements for applications where kaitiaki relationship
asserted
(1) This section applies if—
(a) subpart 3 of Part 5 has come into force and a PVR application is made
on or after the date on which subpart 3 of Part 5 comes into force; and
(b) the breeder knows that a hapū, iwi, individual of Māori descent, or
Māori entity has asserted that they have a kaitiaki relationship with an
indigenous plant species or a non-indigenous plant species of signifi‐
cance ( see subpart 3 of Part 5).
(2) If the breeder makes a PVR application under section 38 in relation to a plant
species in respect of which a kaitiaki relationship is asserted, that application
must include—
(a) the name of the kaitiaki referred to in subsection (1):Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 4 s 39
23(b) a summary of the engagement the breeder has conducted with the kai‐
tiaki:
(c) if available,—
(i) a copy of any assessment by the kaitiaki of the potential effects on
the kaitiaki relationship if the PVR is granted:
(ii) a summary of—
(A) any consideration given by the breeder or kaitiaki, or both,
to how those effects could be mitigated; and
(B) any agreement reached between the breeder and the kaitiaki
about how those effects can be mitigated.
(3) For the purposes of this section, kaitiaki  includes a hapū, iwi, individual of
Māori descent, or Māori entity that has asserted that they have a kaitiaki rela‐
tionship with a plant species.
40 Variation of PVR application to alter denomination sought
(1) An applicant may vary their PVR application to alter the denomination sought,
by giving a variation notice to the Commissioner.
(2) The applicant may do so at any time before the Commissioner decides the PVR
application under section 30(3).
(3) A variation notice must—
(a) be made in the way specified in the regulations; and
(b) if the PVR application was made by 2 or more persons jointly, be made
by both or all of those persons jointly; and
(c) include any information specified in the regulations; and
(d) be accompanied by any fee specified in the regulations.
(4) The Commissioner must publicly notify the variation notice and make it pub‐
licly available.
41 Withdrawal of PVR application
(1) An applicant may withdraw their PVR application by giving a withdrawal
notice to the Commissioner at any time before the Commissioner decides the
PVR application under section 30(3)(a).
(2) The Commissioner must publicly notify the withdrawal notice (unless it is
received before the application is publicly notified).
Subpart 3—Dates and priority
42 Application date
The application date  for a PVR application is the later of the following:
(a) the date on which the PVR application is received by the Commissioner:Part 4 s 40 Plant Variety Rights Act 2022Version as at
24 January 2023
24(b) if, when the PVR application is received, it does not comply with section
38(2), the date on which that non-compliance is remedied.
43 Priority date
The priority date  for a PVR application is the earlier of—
(a) its application date; and
(b) if section 44 applies, the overseas application date under that section.
44 Priority arising from overseas application
(1) This section applies if—
(a) a person makes a PVR application in relation to a plant variety in New
Zealand (the New Zealand application ); and
(b) the person has previously made 1 or more overseas applications in rela‐
tion to that plant variety in another country that is a UPOV party; and
(c) the application date for the New Zealand application (as determined
under section 42) is within 12 months after the date on which the first
overseas application was made; and
(d) the New Zealand application includes a claim for priority based on the
overseas application.
(2) The overseas application date , in relation to the New Zealand application, is
the date on which the first overseas application referred to in subsection (1)(b)
was made.
(3) However, this section does not apply if evidence of the overseas application—
(a) is not included in the New Zealand application; and
(b) is not given to the Commissioner within 3 months after the New Zealand
application is made.
(4) In this section, evidence of the overseas application  means a copy of the
documents that constitute the overseas application (or the first overseas appli‐
cation if there was more than 1) certified to be a true copy by the authority with
which that application was filed.
45 Priority of PVR applications
If 2 or more PVR applications are made in relation to the same plant variety,
the PVR applications must be considered and determined in order of their pri‐
ority dates, starting with the PVR application with the earliest priority date.
46 Cancellation of PVR because of earlier overseas applications
(1) This section applies if,—
(a) after a PVR is granted to any person in respect of a variety, another per‐
son makes an application in respect of that variety; andVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 4 s 46
25(b) the Commissioner is satisfied that, if that PVR had not already been
granted, that other person would, because of section 44, be entitled to a
PVR in respect of that application.
(2) If this section applies, the Commissioner must—
(a) cancel that PVR; and
(b) grant a new PVR to the person who would be entitled to it if the cancel‐
led PVR had never been granted.
Subpart 4—Consideration of PVR application
47 PVR application to be notified and made publicly available
(1) The Commissioner must publicly notify a PVR application, the information
referred to in section 38(2) and (3), and any additional information that the
Commissioner obtains on a request under section 48(2), and make it publicly
available,—
(a) as soon as practicable after the Commissioner receives the application;
or
(b) if, when the application is received, it does not comply with section
38(2), as soon as practicable after that non-compliance is remedied.
(2) However, if the application contains information about kaitiaki relationships
supplied by any iwi, hapū, individual of Māori descent, or Māori entity, the
Commissioner must consult with the Māori Plant Varieties Committee as to
whether that information should be made publicly available.
(3) If the Māori Plant Varieties Committee recommends that the information not be
disclosed, the Commissioner must not make that information publicly avail‐
able.
48 Propagating material and information
(1) The Commissioner may request the applicant for a PVR to give the Commis‐
sioner, or any person nominated by the Commissioner propagating material
reasonably needed by the Commissioner, to properly consider the PVR applica‐
tion.
(2) The Commissioner may request the applicant to give the Commissioner any
information reasonably needed by the Commissioner to properly consider the
PVR application.
(3) The Commissioner’s request must be made in writing and specify the pre‐
scribed time within which it must be complied with.
(4) The Commissioner—
(a) may, subject to subsection (5), defer consideration of the PVR applica‐
tion until the request is complied with; andPart 4 s 47 Plant Variety Rights Act 2022Version as at
24 January 2023
26(b) must make any information given in response to the request publicly
available.
(5) If the applicant does not comply with the request within the prescribed time,—
(a) the PVR application lapses; and
(b) the Commissioner must publicly notify that fact.
(6) The Commissioner may give propagating material to a person if the Commis‐
sioner considers it necessary or desirable to do so for the purposes of perform‐
ing or exercising the Commissioner’s functions, powers, or duties under this
Act.
(7) If propagating material supplied under section 75(2) is given to an applicant,
but the applicant uses that material in a way that contravenes the directions of
the Commissioner, the Commission may decline the application.
49 Growing trials
(1) A PVR must not be granted for a plant variety unless a growing trial has been
undertaken for that variety.
(2) The Commissioner must decide whether a growing trial is to be undertaken—
(a) by or on behalf of the Commissioner; or
(b) by or on behalf of the applicant for a PVR; or
(c) by an overseas testing body approved by the Commissioner; or
(d) by or on behalf of an authority of a State that is a member of UPOV and
grants plant variety rights.
(3) The Commissioner must inform the applicant of the Commissioner’s decision
under subsection (2).
(4) The Commissioner may give directions about the way the growing trial is to be
conducted and impose conditions about the trial (for example a timetable for
conducting the trial).
(5) A growing trial must be conducted in accordance with any prescribed require‐
ments.
50 Fees
(1) An applicant for a PVR must pay the prescribed fee for conducting growing
trials if the growing trial is to be conducted by or on behalf of the Commis‐
sioner.
(2) An applicant for a PVR must pay the prescribed examination fee for the PVR
application.
(3) The fees payable under subsections (1) and (2) must be paid within the pre‐
scribed time after the Commissioner has requested payment.
(4) The request must be in writing and specify the prescribed time.Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 4 s 50
27(5) If the applicant does not pay the prescribed growing trial or examination fees
within the prescribed time,—
(a) the PVR application lapses; and
(b) the Commissioner must publicly notify that fact.
51 Opposition to grant of PVR
(1) A person may oppose the grant of a PVR for a plant variety on the ground that
1 or more of the criteria in section 32(a) and (b)  are not met, by giving a notice
of opposition.
(2) A notice of opposition must be given—
(a) in the way specified in the regulations; and
(b) within the following times:
(i) if the opposition relates to a proposed denomination, within the
prescribed time after the application is notified in accordance with
section 47:
(ii) in any other case, at any time before the PVR is granted.
52 Consideration of application and notices of opposition
(1) This section applies after the close of the period for giving notice of opposition
in relation to a PVR application.
(2) As soon as practicable after the close of that period, the Commissioner must
give the applicant a copy of any notices of opposition received.
(3) The Commissioner must follow procedures set out in the regulations and—
(a) give the applicant and all opponents a reasonable opportunity to be heard
on the matter; and
(b) take the notices of opposition and any submissions into account in con‐
sidering the PVR application; and
(c) otherwise decide and deal with the application in the prescribed manner.
53 Alternative denomination if criteria for denominations not met
(1) The Commissioner must not reject a PVR application on the grounds that the
proposed denomination does not meet the criteria in section 37 unless the Com‐
missioner has—
(a) notified the applicant of the Commissioner’s intention to do so and the
reasons for it; and
(b) given the applicant the prescribed time (specified in the notice) to submit
1 or more alternative denominations.
(2) If the applicant submits an alternative denomination, the Commissioner must
publicly notify it.Part 4 s 51 Plant Variety Rights Act 2022Version as at
24 January 2023
28(3) If the applicant fails to submit an alternative denomination within the pre‐
scribed time, the application lapses.
(4) The Commissioner is not required to give the applicant more than 1 opportun‐
ity to submit alternative denominations.
Part 5
Additional provisions that apply to indigenous plant species and
non-indigenous plant species of significance
Subpart 1—Preliminary provisions
54 Overview of Part 5
This Part recognises and respects the Crown’s obligations under the principles
of Te Tiriti o Waitangi/the Treaty of Waitangi through protecting kaitiaki rela‐
tionships with taonga species and mātauranga Māori in the plant variety rights
system, by—
(a) providing additional procedures that will recognise and protect kaitiaki
relationships; and
(b) providing for a Māori Plant Varieties Committee to administer those pro‐
cedures, to make determinations about kaitiaki relationships, and to have
advisory functions; and
(c) enabling the nullification or cancellation of PVRs that have adverse
effects on kaitiaki relationships.
55 Application of this Part
This Part applies to a PVR application that relates to a plant variety—
(a) that is derived wholly or partly from—
(i) an indigenous plant species; or
(ii) a non-indigenous plant species of significance; and
(b) in circumstances where the material from which the plant variety was
derived was obtained from New Zealand.
56 Interpretation of this Part
In this Part, unless the context otherwise requires,—
indigenous plant species  means a native plant species that occurs naturally in
New Zealand or has arrived in New Zealand without human assistance
non-indigenous plant species of significance  means a plant species—
(a) believed to have been brought to New Zealand before 1769 on waka
migrating from other parts of the Pacific region; and
(b) listed in the regulations as a non-indigenous plant species of significanceVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 5 s 56
29party , in relation to a PVR application, means the breeder and any hapū, iwi,
individual of Māori descent, or Māori entity that asserts they have a kaitiaki
relationship with a plant variety that is the subject of the application.
Subpart 2—Māori Plant Varieties Committee
57 Appointment and membership of Māori Plant Varieties Committee
(1) The Commissioner must establish a committee called the Māori Plant Varieties
Committee.
(2) The Commissioner may, at any time,—
(a) appoint a person as a member of the committee:
(b) remove a member from the committee and, if the Commissioner thinks
fit, appoint another member in that member’s place.
(3) Before appointing a person under subsection (2), the Commissioner must con‐
sult the chief executive of Te Puni Kōkiri.
(4) A person must not be appointed as a member of the committee unless, in the
opinion of the Commissioner, the person is qualified for appointment, having
regard to that person’s knowledge of mātauranga Māori (Māori traditional
knowledge), tikanga Māori (Māori protocol and culture), te ao Māori (the
Māori world view), and taonga species.
(5) In making an appointment, the Commissioner must also consider—
(a) whether the proposed member has the mana, standing in the community,
skills, knowledge, or experience to participate effectively in the commit‐
tee and to contribute to carrying out the functions of the committee; and
(b) the committee’s overall knowledge and experience as a whole.
(6) The members must appoint one of their number to be the chairperson of the
committee.
(7) A member of the committee may at any time resign office by notice in writing
to the Commissioner.
(8) The Commissioner may not delegate the power of establishment or appoint‐
ment in this section.
Compare: 2013 No 68 s 225
58 Functions of Māori Plant Varieties Committee
The functions of the Māori Plant Varieties Committee are to—
(a) issue engagement guidelines and provide advice to applicants for a PVR
and kaitiaki:
(b) consider PVR applications referred to it by the Commissioner and make
decisions under this Part:Part 5 s 57 Plant Variety Rights Act 2022Version as at
24 January 2023
30(c) advise the Commissioner whether the use or approval of a proposed
denomination is likely to be offensive to Māori:
(d) provide advice to the Commissioner on any information that may be
relevant to application of the criteria listed in section 32 for granting a
PVR.
59 Advice given under section 58(c) and (d)
The Commissioner must consider, but is not bound by, the advice given by the
Māori Plant Varieties Committee under section 58(c) and (d).
Compare: 2013 No 68 ss 226, 227
60 Remuneration of Māori Plant Varieties Committee
(1) The members of the Māori Plant Varieties Committee are entitled, in accord‐
ance with the fees framework, to—
(a) remuneration for services as a member at a rate and of a kind determined
by the Commissioner; and
(b) be reimbursed for actual and reasonable expenses incurred by them in
undertaking the functions and duties of the committee.
(2) In subsection (1), fees framework  means the framework determined by the
Government from time to time for the classification and remuneration of other
bodies in which the Crown has an interest.
Subpart 3—Additional procedures for applications to which this Part
applies
61 Commissioner must refer applications to Māori Plant Varieties Committee
The Commissioner must refer to the Māori Plant Varieties Committee all PVR
applications to which this Part applies.
62 Māori Plant Varieties Committee’s role
(1) The role of the Māori Plant Varieties Committee in relation to any PVR appli‐
cation that is referred to it is to assess and determine whether that PVR, if gran‐
ted, will or could have adverse effects on 1 or more kaitiaki relationships with
the plant variety that is the subject of the PVR application.
(2) In carrying out its role under subsection (1), the committee must,—
(a) if an iwi, hapū, individual of Māori descent, or Māori entity asserts that
they have a kaitiaki relationship with the plant variety that is the subject
of the PVR application, assess that relationship (if any) and the effect of
granting a PVR on that relationship, in the manner described in section
63:
(b) if paragraph (a) does not apply, consider the nature of any kaitiaki rela‐
tionships that Māori in general have with the plant variety that is theVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 5 s 62
31subject of the application, and the effect on those relationships of grant‐
ing a PVR for the plant variety in question.
(3) The matters that the committee may take into account in carrying out its role
under subsection (1) also include—
(a) the effects of any PVR already granted in relation to the plant species
that is the subject of the application:
(b) the purposes of this Act (explained in section 3):
(c) whether any adverse effects on a kaitiaki relationship with the plant spe‐
cies that is the subject of the application can be mitigated by an agree‐
ment or undertaking.
(4) It is also the committee’s role to publicly notify the committee’s rules about
hearing and timing requirements for the making and hearing of submissions,
responding to information requests from the committee and others, and con‐
vening hui.
63 Assessment where kaitiaki relationship asserted
In a case where an iwi, hapū, individual of Māori descent, or Māori entity
asserts that they have a kaitiaki relationship with the plant species that is the
subject of a PVR application, the Māori Plant Varieties Committee must also
consider—
(a) whether that person, iwi, hapū, or other entity has demonstrated their
kaitiaki relationship with the relevant plant variety and associated māta‐
uranga Māori:
(b) if a kaitiaki relationship has been demonstrated,—
(i) the kaitiaki’s assessment of the effect of a grant of the PVR on
their relationship; and
(ii) any agreement to mitigate adverse effects reached between the
breeder and the kaitiaki; and
(iii) whether there is any evidence that the parties have not acted in
good faith during their engagement (if any).
64 Process to be adopted by Māori Plant Varieties Committee
The Māori Plant Varieties Committee, in carrying out its functions under this
subpart,—
(a) must, where practicable, consider any submissions made, in accordance
with the times and procedures set out in the committee’s publicly noti‐
fied rules, by the applicant, or an iwi, hapū, individual of Māori descent,
or Māori entity that asserts they have a kaitiaki relationship with a plant
variety, and any organisation that the committee considers represents
Māori generally or significant Māori interests (and any evidence givenPart 5 s 63 Plant Variety Rights Act 2022Version as at
24 January 2023
32by an expert on behalf of any of those iwi, hapū, individuals, entities, or
organisations):
(b) may conduct any investigations the committee considers appropriate to
carry out its functions (including requesting further information from
any party or convening hui):
(c) must comply with the requirements of natural justice:
(d) must act as quickly as is practicable in the circumstances:
(e) must provide written reasons to the parties for every determination that it
makes:
(f) may, except as provided in this Act or any other enactment, regulate its
own procedure as it thinks fit.
65 Decision-making by Māori Plant Varieties Committee
(1) In making decisions under this Part, members of the Māori Plant Varieties
Committee must strive to reach consensus.
(2) However, if the chairperson of the committee is satisfied that a consensus is not
possible, the chairperson may authorise the members to make a decision by a
simple majority.
66 Factors to be considered when deciding condition to mitigate adverse
effects on kaitiaki relationship
In deciding whether a condition to mitigate adverse effects or possible adverse
effects on a kaitiaki relationship should be imposed as a formal condition of the
grant of a PVR, the Māori Plant Varieties Committee must consider whether an
adverse or possible adverse effect of the PVR application, if granted, on the
relevant kaitiaki relationship can be adequately mitigated by,—
(a) in the case of a kaitiaki relationship between a plant variety and Māori in
general, a proposed condition of grant set out in an undertaking by the
breeder following discussion between the breeder and the committee; or
(b) a proposed condition of grant agreed by the applicant and the relevant
iwi, hapū, individual of Māori descent, or Māori entity, or proposed by a
breeder or another party.
67 Decision by Māori Plant Varieties Committee that PVR application should
proceed or be declined
(1) The Māori Plant Varieties Committee must inform the Commissioner that the
PVR application should proceed to be further considered by the Commissioner
if the committee is satisfied that—
(a) there is no kaitiaki relationship between—
(i) Māori in general and the plant variety that is the subject of the
application; orVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 5 s 67
33(ii) a particular iwi, hapū, individual of Māori descent, or Māori
entity, and the plant variety that is the subject of the application;
or
(b) there is such a kaitiaki relationship but it is unlikely to be affected by the
grant of that PVR; or
(c) any adverse effect or likely adverse effects on the kaitiaki relationship
will be adequately mitigated by a condition of the grant agreed between
the parties or set out in an undertaking given by a breeder following dis‐
cussion between the breeder and the committee.
(2) If subsection (1)(c) applies, the committee must inform the Commissioner that
the proposed condition must be imposed by the Commissioner as a condition of
the grant of the PVR.
(3) If subsection (1) does not apply, the committee must inform the Commissioner
that the PVR application must be declined.
(4) The committee must notify the Commissioner and the parties in writing, as
soon as practicable after making a decision under this section, of the decision
and the reasons for it.
68 Request for reconsideration of Māori Plant Varieties Committee’s
decisions
(1) An applicant may request the Commissioner to ask the Māori Plant Varieties
Committee to reconsider its decision to inform the Commissioner that a PVR
application must be declined, on the basis of further information that was not
available to the committee when it made its decision.
(2) Any iwi, hapū, individual of Māori descent, or Māori entity may request the
Commissioner to ask the committee to reconsider its decision that the applica‐
tion should proceed for further consideration by the Commissioner, on the basis
of further information that was not available to the committee when it made its
decision.
(3) A request under subsection (1) or (2) must be made within 10 working days
after the date on which the Commissioner and the parties are notified in writing
under section 67(4) of the committee’s decision.
(4) On receiving a request under subsection (1) or (2) for reconsideration the com‐
mittee—
(a) must consider whether the new information, had it been available at the
time it made its decision, would be likely to have altered the committee’s
decision; and
(b) if so, must reconsider its decision in accordance with sections 61 to 67 ,
but may rely on information previously obtained, and need not repeat
any process previously undertaken before the original decision, unless
the committee is satisfied that the information or that process is likely to
be affected by the new information.Part 5 s 68 Plant Variety Rights Act 2022Version as at
24 January 2023
34(5) The committee must notify the Commissioner and the parties in writing as soon
as practicable after making a decision under this section not to reconsider the
committee’s decision.
Other provisions
69 Powers to require nullification or cancellation of PVR to which this Part
applies
(1) Any person may apply at any time to the Commissioner for the nullification or
cancellation of a PVR to which this Part applies on the grounds set out in sub‐
section (3)(a) or (b), in the manner described in section 87.
(2) On receiving an application under subsection (1) the Commissioner must,
unless they dismiss the application under section 70 , refer the application to the
Māori Plant Varieties Committee.
(3) The committee may,—
(a) if it determines that there was an adverse effect on a kaitiaki relationship
with a plant species at the time a PVR was granted for that variety,
inform the Commissioner that the PVR must be nullified:
(b) if it determines that the PVR holder has breached any condition of the
grant of the PVR or any undertaking made by the PVR holder before or
at or after the time of the grant, being a condition or an undertaking
designed to mitigate an adverse effect on kaitiaki relationships with the
plant species, inform the Commissioner that the PVR must be cancelled:
(c) if neither paragraph (a) nor paragraph (b) applies, dismiss the applica‐
tion.
(4) The committee may, if subsection (3)(a) or (b) applies, but the PVR holder
makes a further undertaking that is acceptable to the committee,—
(a) dismiss the application instead of making a decision under subsection
(3)(a) or (b); and
(b) inform the Commissioner that an existing or new condition must be
imposed as a formal condition of the PVR holder continuing to hold the
PVR.
(5) The Commissioner must give effect to any decision made under subsection
(3)(a) or (b) or subsection (4)(a).
(6) The committee must notify the Commissioner and the parties in writing as soon
as practicable after making a decision referred to in subsection (5).
70 Frivolous, vexatious, or repetitious applications
(1) The Commissioner may dismiss an application made under section 69(1) (with‐
out considering its merits) if satisfied that—
(a) it is frivolous or vexatious; orVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 5 s 70
35(b) all of the issues raised by it are previously considered issues.
(2) The Commissioner must notify the parties in writing as soon as practicable
after making a decision under subsection (1).
(3) In this section, previously considered issue  means an issue that is the same, or
substantially the same, as an issue previously considered under this Part.
Appeals against certain Part 5 decisions
71 Māori Appellate Court
(1) A person may appeal to the Māori Appellate Court against a Part 5 decision
if—
(a) the decision is a kind of decision listed in Schedule 2  as an appealable
decision under Part 5; and
(b) the person is a kind of person listed in Schedule 2 as a person who may
appeal against that decision.
(2) An appeal must be made—
(a) in accordance with the rules of the Māori Appellate Court; and
(b) within the appeal period specified in Schedule 2 for the appeal; and
(c) in any other case, within—
(i) 20 working days after the date of the decision; or
(ii) any further time the Māori Appellate Court allows on an applica‐
tion made before or after that period expires.
Compare: 2013 No 68 s 214
72 Decision stayed pending determination of appeal
If an appeal against a decision is made under section 71 , the operation of that
decision is stayed until the appeal is finally disposed of, unless the Māori
Appellate Court orders otherwise.
73 Decision on appeal
In determining an appeal under section 71, the Māori Appellate Court may—
(a) confirm or reverse the decision of the Māori Plant Varieties Committee
or modify the decision in the manner that the Māori Appellate Court
thinks fit; and
(b) confirm or reverse or modify a decision of the Commissioner imple‐
menting the decision of that committee.
74 Jurisdiction of Māori Appellate Court
(1) The provisions of Part 2 of Te Ture Whenua Maori Act 1993 (except for sec‐
tions 55, 56, 58, 58B, 59, 60, 61, and 62 of that Act) apply for the purposes of
any appeal under section 71, with any necessary modifications.Part 5 s 71 Plant Variety Rights Act 2022Version as at
24 January 2023
36(2) Section 58A(1) of Te Ture Whenua Maori Act 1993  applies, as if for the words
“section 58” there were substituted “section 71 of the Plant Variety Rights Act
2022” and as if for the words “on the appeal” there were substituted “on the
appeal under section 71 of the Plant Variety Rights Act 2022”.
(3) The provisions of Part 3 of Te Ture Whenua Maori Act 1993 (except for sec‐
tions 72, 76, 77, 81A, 82 to 85, 87, and 88) apply for the purposes of any
appeal under section 71, with any necessary modifications.
Part 6
Plant variety rights: other matters
Subpart 1—General matters
Requests for information or propagating material
75 Commissioner may request propagating material or information
(1) The Commissioner may request a PVR holder to give to the Commissioner any
information reasonably needed by the Commissioner to verify the maintenance
of the variety to which the PVR relates or for any other purpose in relation to
that variety.
(2) The Commissioner may request an applicant for a PVR in respect of a variety
or a PVR holder of the protected variety, as the case requires, to give propagat‐
ing material of the variety to the Commissioner or to any person nominated by
the Commissioner, if the Commissioner considers that this is necessary or
desirable for the purposes of exercising or performing the Commissioner’s
functions, duties, or powers under this Act.
(3) The Commissioner’s request must be made in writing and specify the pre‐
scribed time within which it must be complied with.
(4) If a PVR holder fails, without reasonable excuse, to comply with a request
under subsection (1) or (2), the Commissioner may cancel the holder’s PVR.
(5) If an applicant fails to comply with a request under subsection (2), the applica‐
tion lapses.
Substitution of applicants
76 Persons claiming under assignment or agreement or by operation of law
(1) This section applies if, before a PVR is granted, a person would, if the PVR
were then to be granted, be entitled under an assignment or agreement, or by
operation of law, to—
(a) the PVR; or
(b) an interest in the PVR; or
(c) an undivided share in the PVR or in an interest in the PVR.Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 6 s 76
37(2) The Commissioner may, on a request made by the person in the prescribed
manner, direct that the PVR application proceed in the name of the person, or
in the names of the person and the applicant or the other joint applicant or
applicants (as the case may require).
(3) If the Commissioner gives a direction, the person must be taken to be the appli‐
cant, or a joint applicant, as the case may require.
Compare: 2013 No 68 s 129
77 Death of applicant
(1) If an applicant dies before a PVR is granted, their personal representative may
proceed with the PVR application.
(2) However, the Commissioner may also, under section 80 , dispense with probate
and letters of administration and allow a person to proceed with a deceased
applicant’s application.
Compare: 2013 No 68 s 130
Registration of assignments, and certain other interests in PVRs
78 Application for registration of assignments, and certain other interests in
PVRs
(1) A person ( A) who acquires a PVR or a share in a PVR or an interest in a PVR
must apply to the Commissioner for registration of A’s title or interest.
(2) However, the person who disposes of the PVR or share in a PVR or who con‐
fers the interest may instead apply to register A’s title or interest (in which case
subsection (1) does not apply).
(3) In either case, the application must be made in the prescribed manner.
(4) This section applies to acquisitions and disposals by assignment, transmission,
operation of law, mortgage, or any other means, but does not apply in respect
of the grant of a licence (including the grant of a compulsory licence under
section 108).
Compare: 2013 No 68 s 165
79 Registration of assignments, and certain other interests in PVRs
If an application is made under section 78, the Commissioner, on proof satis‐
factory to the Commissioner of the acquisition by the applicant ( A) of a PVR
or an interest or a share in a PVR,—
(a) must register A’s title or interest; and
(b) may issue a replacement PVR in the name of the new holder of the PVR;
and
(c) must retain any documents provided with the application under section
78 or copies of those documents.
Compare: 2013 No 68 s 166Part 6 s 77 Plant Variety Rights Act 2022Version as at
24 January 2023
38Vesting of PVR and PVR application without probate or letters of
administration
80 Commissioner may vest PVR or PVR application without probate or
letters of administration
(1) If a holder of a PVR or an applicant for a PVR ( A) dies, the Commissioner
may (without requiring probate or letters of administration) register or substi‐
tute a person ( B) as the PVR holder or applicant in place of A if—
(a) B proves, to the Commissioner’s satisfaction, that—
(i) B is entitled to obtain probate of A’s will or letters of administra‐
tion of A’s estate, or is A’s personal representative, in the place
where A was living at the time of A’s death; and
(ii) probate or letters of administration have not been made or
resealed in New Zealand; and
(iii) the interests of A’s creditors, and of all persons beneficially inter‐
ested under A’s will or on A’s intestacy, will be adequately safe‐
guarded if this action is taken; and
(b) B applies in the prescribed manner.
(2) If B becomes the holder of a PVR or an applicant under this section, B holds
the PVR or is responsible for the application, subject to all existing interests
and equities affecting it.
(3) This section applies even if A dies before the commencement of this section.
(4) Nothing in section 70 or 73 of the Administration Act 1969  restricts the oper‐
ation of this section.
Compare: 2013 No 68 s 167
Cessation of PVR before expiry date
81 How PVR may cease to be in force before expiry date
(1) A PVR may be cancelled or nullified, if there are grounds for doing so under
section 82,—
(a) by the Commissioner on their own initiative under section 85; or
(b) by the Commissioner on application under section 86; or
(c) by the court under section 90.
(2) A PVR may be surrendered under section 91.
(3) A PVR is deemed to be cancelled for non-payment of a PVR renewal fee under
section 92(2).Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 6 s 81
39Subpart 2—Cancellation, nullification, surrender, and renewal fees
82 Grounds for cancellation or nullification
(1) There are grounds to cancel a PVR  if—
(a) the criteria in section 32(a)(iii) and (iv) are no longer met; or
(b) the PVR holder fails, without reasonable excuse,—
(i) to comply with a requirement to supply information under section
75; or
(ii) to comply with a request to supply propagating material under
section 75; or
(c) the Commissioner is required to cancel a PVR under section 46(2)(a), or
under section 69(5) (as a result of a decision under section 69(3)(b)).
(2) There are grounds to nullify a PVR  if, at the time the PVR was granted,—
(a) any information supplied in or in relation to the application for the PVR
was incorrect and, if the correct information had been known, the PVR
application would have been declined; or
(b) the criteria in section 32(a)(i) and (ii) were not met; or
(c) both—
(i) the criteria in section 32(a)(iii) and (iv) were not met; and
(ii) the Commissioner’s decision that those criteria were met was
essentially based on information given to them by the applicant;
or
(d) a PVR holder is not the breeder of the variety.
(3) However, subsection (2)(d) does not apply if the PVR has subsequently been
transferred to a person who is a breeder of the variety.
(4) There are also grounds to nullify a PVR  if the Commissioner is required to do
so under section 69(5) (as a result of being required to do so under section
69(3)(a)).
83 Effect of cancellation
(1) If a PVR is cancelled under section 69(5), 85, 86, 90, 91, or 92, it ceases to be
in force at the time of the cancellation.
(2) The Commissioner must,—
(a) if a PVR is cancelled by the Commissioner, notify the PVR holder of the
cancellation and the reasons for it; and
(b) record the cancellation in the register.Part 6 s 82 Plant Variety Rights Act 2022Version as at
24 January 2023
4084 Effect of nullification
(1) If a PVR is nullified under section 69(5), 85, 86 , or 90, the PVR is taken never
to have been granted.
(2) The Commissioner must,—
(a) if the PVR is nullified by the Commissioner, notify the PVR holder of
the nullification and the reasons for it; and
(b) record the nullification in the register.
Cancellation or nullification by Commissioner
85 Cancellation or nullification by Commissioner on own initiative
(1) The Commissioner may cancel or nullify a PVR on their own initiative if satis‐
fied that there are grounds to do so under section 82(1)(a) or (b)  or, as the case
requires, section 82(2).
(2) However, before doing so the Commissioner must—
(a) notify the PVR holder of the Commissioner’s intention to cancel or nul‐
lify the PVR and the reasons for doing so; and
(b) give the PVR holder a reasonable opportunity to be heard on the matter;
and
(c) take any submissions into account in deciding whether to cancel or nul‐
lify the PVR.
86 Cancellation or nullification by Commissioner on application
(1) Any person may apply to the Commissioner to have a PVR cancelled or nulli‐
fied.
(2) The application must be made in accordance with section 87.
(3) The Commissioner must consider an application under subsection (1) in
accordance with sections 88 and 89 and any procedures specified in the regula‐
tions.
(4) To avoid doubt, an application made under section 69(1) must be dealt with in
accordance with sections 69 and 70.
(5) If the Commissioner cancels or nullifies the PVR, section 83 or, as the case
requires, section 84 applies.
(6) If the Commissioner dismisses the application, they must notify the applicant
and PVR holder of the decision and the reasons for it.
87 Application to Commissioner to cancel or nullify PVR
(1) An application under section 69(1) or section 86 must—
(a) be made in the way specified in the regulations; and
(b) include the following information:Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 6 s 87
41(i) the grounds on which cancellation or nullification is sought:
(ii) any other information specified in the regulations; and
(c) be accompanied by any fee specified in the regulations.
(2) If a relevant proceeding relating to the PVR is pending in the court, the appli‐
cation may be made only with the leave of the court.
(3) In this section, relevant proceeding , in relation to a PVR, means a court pro‐
ceeding—
(a) for infringement of the PVR; or
(b) for the PVR to be cancelled or nullified.
88 Frivolous, vexatious, or repetitious applications
(1) The Commissioner may dismiss an application made under section 86 (without
considering its merits) if satisfied that—
(a) it is frivolous or vexatious; or
(b) all of the issues raised by it are previously considered issues.
(2) The Commissioner must notify the parties in writing as soon as practicable
after making a decision under subsection (1).
(3) In this section and section 89, previously considered issue  means an issue that
is the same, or substantially the same, as an issue previously raised in any of
the following:
(a) a notice of opposition given under section 51:
(b) a previous application made under section 86:
(c) a previous proceeding before the Commissioner or the court.
89 Consideration of application
(1) This section applies if an application is made under section 86 and is not dis‐
missed under section 88.
(2) The Commissioner must—
(a) give a copy of it to the PVR holder; and
(b) give the applicant and PVR holder a reasonable opportunity to be heard
on the matter; and
(c) take any submissions into account in deciding whether to nullify or can‐
cel the PVR.
(3) The Commissioner need not consider any issues raised by the application that
are previously considered issues.Part 6 s 88 Plant Variety Rights Act 2022Version as at
24 January 2023
42Cancellation or nullification by court
90 Cancellation or nullification by court
(1) The court may, on application, cancel or nullify a PVR if satisfied that there are
grounds to do so under section 82.
(2) The application must be made and dealt with in accordance with the rules of
court.
Surrender
91 Surrender of PVR
(1) The holder of a PVR may, by notice given to the Commissioner in the pre‐
scribed manner (if any), offer to surrender the PVR.
(2) The Commissioner must publish the offer in the journal.
(3) A person may, within the prescribed period after the publication of the offer,
give notice to the Commissioner of opposition to the surrender.
(4) The Commissioner must notify the holder of the PVR if a notice of opposition
is given.
(5) The Commissioner may accept the offer and by order cancel the PVR if—
(a) the Commissioner has followed the procedures specified in the regula‐
tions; and
(b) the Commissioner has given the holder of the PVR and any opponents a
reasonable opportunity to be heard; and
(c) the Commissioner has taken any submissions into account in deciding
whether to dismiss the offer of surrender; and
(d) the Commissioner is satisfied that the PVR may properly be surrendered.
Compare: 2013 No 68 s 116
Renewal fee
92 PVR holder must pay PVR renewal fee
(1) If the regulations specify a PVR renewal fee, a PVR holder must pay the fee
within the period specified in the regulations.
(2) If the fee is not paid within that period, the PVR is deemed to be cancelled.
(3) The Commissioner must—
(a) notify the PVR holder that the PVR is deemed to have been cancelled
because of non-payment of the renewal fee for that PVR; and
(b) record the cancellation in the register.
(4) A PVR that is deemed to have been cancelled under this section may be
restored under section 100.Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 6 s 92
43Subpart 3—Restoration of lapsed PVR applications
93 Restoration of lapsed PVR application
(1) This section applies if a PVR application has lapsed—
(a) under section 48(5)(a) because of a failure to comply with a request for
propagating material or information within the specified period; or
(b) under section 50(5)(a) because of a failure to pay a prescribed fee.
(2) The Commissioner may, on application, restore the PVR application if—
(a) the Commissioner is satisfied that the failure was unintentional; and
(b) the applicant for restoration has complied with section 99(1)(b)(i) and
(ii).
(3) The application must be made in accordance with section 94.
(4) The Commissioner must consider the application in accordance with sections
95 to 99 and any procedures specified in the regulations.
(5) The Commissioner must—
(a) notify the applicant of the Commissioner’s decision and the reasons for
it; and
(b) if the PVR application is restored, publicly notify that fact.
(6) If the PVR application is restored, the lapse referred to in subsection (1) is
taken to have never occurred.
94 Application for restoration of lapsed PVR application
(1) An application to restore a lapsed PVR application must—
(a) be made—
(i) by the applicant for the PVR; and
(ii) within the period specified in the regulations (but see subsection
(2)); and
(iii) in the way specified in the regulations; and
(b) include the following information:
(i) a full explanation of the circumstances that led to the failure
referred to in section 93(1)(a) or (b):
(ii) if the application is made after the period referred to in subsection
(1)(a)(ii),—
(A) a full explanation of the circumstances that caused the
delay; and
(B) the reasons why it was not an undue delay:
(iii) any other information specified in the regulations; andPart 6 s 93 Plant Variety Rights Act 2022Version as at
24 January 2023
44(c) be accompanied by any fee specified in the regulations for making the
application.
(2) The Commissioner may accept an application made after the period referred to
in subsection (1)(a)(ii) if satisfied that the application was made without undue
delay.
95 No prima facie case made out
(1) The Commissioner may dismiss an application made under section 93 if they
are not satisfied that the application discloses a prima facie case for restoring
the PVR application.
(2) However, before doing so, the Commissioner must—
(a) notify the applicant for restoration of the Commissioner’s intention to
dismiss the application and the reasons for it; and
(b) give the applicant a reasonable opportunity to be heard; and
(c) take any submissions into account in deciding whether to dismiss the
application for restoration.
96 Consideration of application
(1) This section applies if an application is made under section 93 and is not dis‐
missed under section 95.
(2) The Commissioner must publicly notify the application and make it publicly
available.
97 Opposition
(1) A person may, by giving a notice of opposition, oppose the restoration of a
PVR application on 1 or both of the following grounds:
(a) that the failure to comply with the request made under section 48(1)(a)
or to pay trial and examination fees under section 50 was intentional:
(b) if the application was accepted under section 94(2) , that there was an
undue delay in making the application.
(2) A notice of opposition must be given—
(a) in the way specified in the regulations; and
(b) within the period specified in the regulations.
98 Consideration of application and notices of opposition
(1) This section applies after the close of the period for opposing an application to
restore a lapsed PVR application.
(2) As soon as practicable after the close of that period, the Commissioner must—
(a) give the applicant a copy of any notices of opposition received; andVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 6 s 98
45(b) publicly notify the notices of opposition and make them publicly avail‐
able.
(3) The Commissioner may require the applicant or any opponent to file evidence
or further evidence in accordance with the regulations.
(4) The Commissioner must—
(a) give the applicant and all opponents a reasonable opportunity to be heard
on the matter; and
(b) take the notices of opposition and any submissions into account in con‐
sidering the application.
99 Conditions of restoration
(1) If the Commissioner is satisfied that the failure to comply with section 48(1)(a)
or pay the prescribed fee under section 50 was unintentional and that the PVR
application should be restored, they must—
(a) notify the applicant for restoration that the Commissioner is satisfied that
the PVR application may be restored (subject to the applicant complying
with paragraph (b)(i) and (ii)); and
(b) give the applicant for restoration a reasonable time (specified in the
notice) to—
(i) pay all unpaid PVR application fees and trial and examination
fees; and
(ii) comply with any conditions specified in the regulations referred to
in subsection (2).
(2) The regulations may specify conditions for the protection or compensation of
persons who exploited the plant variety, or took definite steps to do so, between
the date on which the PVR application lapsed and the date on which the appli‐
cation for restoration was publicly notified.
Subpart 4—Restoration of cancelled PVRs
100 Restoration of cancelled PVR
(1) This section applies if a PVR is deemed to be cancelled under section 92(2)
because of a failure to pay a renewal fee.
(2) The Commissioner may, on application, restore the PVR if—
(a) the Commissioner is satisfied that the failure to comply with section
92(1) was unintentional; and
(b) the applicant has complied with section 106(1)(b)(i) and (ii).
(3) The application must be made in accordance with section 101.
(4) The Commissioner must consider the application in accordance with sections
103 to 106 and any procedures specified in the regulations.Part 6 s 99 Plant Variety Rights Act 2022Version as at
24 January 2023
46(5) The Commissioner must—
(a) notify the PVR holder of the Commissioner’s decision and the reasons
for it; and
(b) if the PVR is restored, record the restoration in the register.
(6) If the PVR is restored, the cancellation referred to in subsection (1) is taken
never to have occurred.
101 Application for restoration of cancelled PVR
(1) An application to restore a cancelled PVR may be made—
(a) by the person who was the PVR holder immediately before it was can‐
celled; or
(b) if, immediately before it was cancelled, the PVR was held by 2 or more
persons, by 1 or some (but not all) of those persons, but only with the
consent of the Commissioner.
(2) The application must—
(a) be made—
(i) within the period specified in the regulations (but see subsection
(3)); and
(ii) in the way specified in the regulations; and
(b) include—
(i) a full explanation of the circumstances that led to the failure to
pay a renewal fee; and
(ii) if the application is made after the end of the period referred to in
subsection (2)(a)(i),—
(A) a full explanation of the circumstances that caused the
delay; and
(B) the reasons why it was not an undue delay; and
(iii) any other information specified in the regulations; and
(c) be accompanied by any fee specified in the regulations for making the
application.
(3) The Commissioner may accept an application for restoration made after the
end of the period referred to in subsection (2)(a)(i) if satisfied that the applica‐
tion was made without undue delay.
102 No prima facie case made out
(1) The Commissioner may dismiss an application made under section 100 if they
are not satisfied that the application for restoration discloses a prima facie case
for restoring the PVR.
(2) However, before doing so, the Commissioner must—Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 6 s 102
47(a) notify the applicant of the Commissioner’s intention to dismiss the appli‐
cation and the reasons for it; and
(b) give the applicant a reasonable opportunity to be heard on the matter;
and
(c) take any submissions into account in considering the application.
(3) For the purposes of this section, the Commissioner may require the applicant
for restoration to provide any further evidence that the Commissioner thinks fit.
103 Consideration of application
(1) This section applies if an application is made under section 100 and is not dis‐
missed under section 102.
(2) The Commissioner must publicly notify the application and make it publicly
available.
104 Opposition
(1) A person may, by giving a notice of opposition, oppose the restoration of a
PVR on 1 or both of the following grounds:
(a) that the failure to comply with section 92(1) was intentional:
(b) if the application to restore the PVR was accepted under section 101(3) ,
that there was an undue delay in making the application.
(2) A notice of opposition must be given—
(a) in the way specified in the regulations; and
(b) within the period specified in the regulations.
105 Consideration of application and notices of opposition
(1) This section applies after the close of the period for giving a notice of oppos‐
ition to an application to restore a cancelled PVR.
(2) As soon as practicable after the close of that period, the Commissioner must—
(a) give the applicant a copy of any notices of opposition received; and
(b) publicly notify all notices of opposition and make them publicly avail‐
able.
(3) The Commissioner may require the applicant and any opponent to file evidence
or further evidence in accordance with the regulations.
(4) The Commissioner must follow the procedures specified in the regulations
and—
(a) give the applicant and all opponents a reasonable opportunity to be heard
on the matter; and
(b) take the notices of opposition and any submissions into account in con‐
sidering the application to restore the PVR; andPart 6 s 103 Plant Variety Rights Act 2022Version as at
24 January 2023
48(c) if the applicant or an opponent has requested a hearing, give the appli‐
cant and all opponents a reasonable opportunity to be heard before the
Commissioner decides the application.
106 Conditions of restoration
(1) If the Commissioner is satisfied that the failure to comply with section 92(1)
was unintentional and that the PVR should be restored, they must—
(a) notify the applicant that the Commissioner is satisfied that the PVR may
be restored (subject to the applicant complying with paragraph (b)(i) and
(ii)); and
(b) give the applicant a reasonable time (specified in the notice) to—
(i) pay all unpaid PVR renewal fees; and
(ii) comply with any conditions specified in the regulations referred to
in subsection (2).
(2) The regulations may specify conditions for the protection or compensation of
persons who exploited the protected variety, or took definite steps to do so,
between the date on which the PVR was cancelled and the date on which the
application for restoration was publicly notified.
Part 7
Compulsory licences
Subpart 1—Grant of compulsory licences and criteria
107 Effect of compulsory licence
(1) A compulsory licence for a protected variety may authorise the licensee to
undertake 1 or more restricted acts in New Zealand in relation to propagating
material of that protected variety.
(2) A compulsory licence may also require the PVR holder to supply propagating
material to the licensee on terms (including as to price) set out in the licence.
(3) A compulsory licence—
(a) is not exclusive; and
(b) is limited to New Zealand; and
(c) may be limited geographically within New Zealand or limited, tempo‐
rally or otherwise, as the Commissioner considers appropriate.
(4) A compulsory licence has effect as if it were a licence entered into by agree‐
ment between the PVR holder (as licensor) and the licensee.
(5) A PVR holder and a licensee may, by agreement,—
(a) with the approval of the Commissioner, amend the licence; or
(b) with the approval of the Commissioner, revoke the licence; orVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 7 s 107
49(c) with the approval of the Commissioner, transfer the licence to another
licensee; or
(d) do any other thing that the parties to a licence could do.
108 Grant of compulsory licence
(1) A person may apply to the Commissioner for a compulsory licence for a pro‐
tected variety in the prescribed manner.
(2) Before deciding the application, the Commissioner must—
(a) give the applicant, the PVR holder, and any exclusive licensee a reason‐
able opportunity to be heard; and
(b) take any submissions into account in deciding whether to grant or dis‐
miss the application for a compulsory licence.
(3) The Commissioner must deal with the application in accordance with this sub‐
part and any procedures specified in the regulations.
(4) After considering the application, the Commissioner must,—
(a) if satisfied that the criteria for granting a compulsory licence in section
109 are met, grant the licence; or
(b) otherwise, refuse to grant the licence.
(5) If the Commissioner grants a compulsory licence, the Commissioner must—
(a) notify the PVR holder, any exclusive licensee who has been heard on the
application, and the person to whom the compulsory licence is granted;
and
(b) publicly notify the licence in the journal and record it in the register.
(6) If the Commissioner refuses to grant a compulsory licence, they must—
(a) publicly notify the decision, and the reasons for it; and
(b) notify the applicant, the PVR holder, and any exclusive licensee who has
been heard on the application of the decision and the reasons for it.
109 Criteria for granting compulsory licence
(1) The criteria for granting a compulsory licence for a protected variety are that—
(a) 3 years have elapsed from the date on which the PVR was granted; and
(b) the applicant has been unable, after making reasonable efforts, to obtain
authorisation from the PVR holder to undertake the restricted acts in
respect of which the compulsory licence is sought; and
(c) it is in the public interest that the compulsory licence be granted.
(2) For the purposes of subsection (1)(c), the Commissioner must have regard to—
(a) whether the protected variety (and, if applicable, any essentially derived
or dependent varieties) and any harvested material are reasonably avail‐Part 7 s 108 Plant Variety Rights Act 2022Version as at
24 January 2023
50able to the public or any sector of the public (for example, growers), and
in doing so consider—
(i) the kinds of material that are available; and
(ii) who the material is available to; and
(iii) if the quantity and quality of material that is available is reason‐
able; and
(iv) if the price at which the material is available is reasonable; and
(b) whether the PVR holder has had a reasonable opportunity to make the
relevant plant varieties available; and
(c) the desirability of encouraging innovation in plant breeding; and
(d) the need to protect the life and health of humans, animals, and plants;
and
(e) any other matters the Commissioner considers relevant.
110 Royalty payable by licensee
(1) A compulsory licence for a protected variety is subject to the condition that the
licensee must pay a royalty to the PVR holder for exploiting the protected var‐
iety.
(2) The compulsory licence—
(a) must set out—
(i) the amount of, or method of calculating, the royalty; and
(ii) when the royalty must be paid; and
(b) may set out any other matters relating to payment of the royalty that the
Commissioner considers appropriate.
Subpart 2—Applications for compulsory licences
111 Application for compulsory licence
An application for a compulsory licence for a protected variety must—
(a) be made in the way specified in the regulations; and
(b) include the following information:
(i) the protected variety:
(ii) any essentially derived or dependent varieties to which the licence
will also apply:
(iii) the restricted acts to be authorised:
(iv) details of the efforts made by the applicant to obtain authorisation
from the PVR holder ( see section 109(1)(b)):
(v) any other information specified in the regulations; andVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 7 s 111
51(c) be accompanied by any fee specified in the regulations.
112 Application to be notified and made publicly available
The Commissioner must publicly notify an application for a compulsory
licence, and make it publicly available, as soon as practicable after they receive
it.
113 Commissioner’s powers to obtain information
(1) The Commissioner may request the applicant to give the Commissioner any
other information reasonably needed by the Commissioner to properly consider
the application for a compulsory licence.
(2) The Commissioner’s request must be made in writing and specify the pre‐
scribed time within which it must be complied with.
(3) The Commissioner—
(a) may, subject to subsection (4), defer consideration of the application
until the request is complied with; and
(b) must make any information given in response to the request publicly
available unless the Commissioner has reasonable grounds to believe
that the information should not be made publicly available.
(4) If the applicant does not comply with the request within the prescribed time,—
(a) the application for a compulsory licence lapses; and
(b) the Commissioner must publicly notify that fact.
(5) For the purpose of considering the application, the Commissioner may obtain
any other information the Commissioner considers appropriate.
114 Content of compulsory licence
A compulsory licence for a plant variety must set out the following:
(a) the plant variety, and any essentially derived or dependent varieties, to
which it relates:
(b) the restricted acts that it authorises the licensee to undertake:
(c) the material in relation to which the licensee is authorised to undertake
those activities:
(d) the dates on which it comes into force and expires:
(e) the matters relating to the royalty referred to in section 110(2):
(f) if the PVR holder is required to supply propagating material ( see section
107(2) ), what must be supplied and the terms (including as to price) on
which it must be supplied:
(g) any relevant conditions agreed or set out in an undertaking under section
66:Part 7 s 112 Plant Variety Rights Act 2022Version as at
24 January 2023
52(h) any other terms and conditions that the Commissioner considers appro‐
priate.
Subpart 3—Amendment or revocation of compulsory licences
115 Amendment or revocation of compulsory licence
(1) A compulsory licence may be amended or revoked by the Commissioner,—
(a) on application by the PVR holder or licensee, if the PVR holder and
licensee as parties to the licence agree to the amendment or revocation
and the Commissioner approves their agreement; or
(b) on application by the PVR holder or licensee, if the compulsory licence
includes provisions allowing the PVR holder or licensee to revoke the
licence without the agreement of the other party (for example, as a result
of a breach of the licence), in accordance with those provisions; or
(c) on application under section 117.
(2) This section does not limit section 107(5).
116 Grounds for Commissioner to amend or revoke
There are grounds for the Commissioner to amend or revoke a compulsory
licence on application under section 117 if—
(a) it is no longer in the public interest for the compulsory licence to remain
in force; or
(b) the licensee has breached a condition of the licence.
117 Amendment or revocation by Commissioner on application
(1) The Commissioner may, on application by any person, amend or revoke a com‐
pulsory licence if satisfied that there are grounds to do so under section 116.
(2) The application must be made in accordance with section 118.
(3) The Commissioner must consider the application in accordance with section
119 and any procedures specified in the regulations.
(4) If the Commissioner amends or revokes the licence, they must—
(a) notify the applicant, the licensee, and the PVR holder of the amendment
or revocation and the reasons for it; and
(b) publicly notify the amendment or revocation and the reasons for it.
(5) If the Commissioner dismisses the application, they must notify the applicant,
the licensee, and the PVR holder of the decision and the reasons for it.
118 Application to Commissioner to amend or revoke compulsory licence
The application under section 117 must—
(a) be made in the prescribed manner; andVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 7 s 118
53(b) include the following information:
(i) the grounds on which the amendment or revocation is sought:
(ii) any other information specified in the regulations; and
(c) be accompanied by any fee specified in the regulations.
119 Consideration of application
(1) This section applies if an application is made under section 117.
(2) The Commissioner must—
(a) give a copy of the application to the licensee and PVR holder (if they are
not the applicant); and
(b) give the applicant, licensee, and PVR holder a reasonable opportunity to
be heard on the matter; and
(c) take any submissions into account in deciding whether to amend or
revoke the licence.
Part 8
Administration, secondary legislation, and other matters
Subpart 1—Commissioner and Assistant Commissioners
120 Commissioner and Assistant Commissioners
(1) The chief executive must appoint a person as the Commissioner of Plant Var‐
iety Rights.
(2) The chief executive may appoint 1 or more Assistant Commissioners of Plant
Variety Rights.
(3) The appointments must be made in accordance with the Public Service Act
2020.
(4) An appointment may be held in conjunction with any other office in the Minis‐
try.
121 Functions
(1) The Commissioner—
(a) has the functions conferred on them by this or any other enactment; and
(b) has the powers necessary to perform their functions.
(2) An Assistant Commissioner—
(a) may perform the functions and exercise the powers of the Commissioner
(other than the power to delegate under section 122); and
(b) is subject to the control of the Commissioner.Part 7 s 119 Plant Variety Rights Act 2022Version as at
24 January 2023
54122 Delegation by Commissioner
(1) The Commissioner may, in writing, delegate any of their functions and powers,
except this power of delegation, to any individual who is—
(a) an employee of the Ministry; or
(b) working for the Ministry as a contractor or secondee.
(2) A delegation may be made—
(a) generally or particularly; and
(b) subject to any limitations the Commissioner thinks appropriate.
(3) A delegate may perform a delegated function or exercise a delegated power in
the same manner, and subject to the same restrictions, and with the same effect
as if it had been conferred on them directly by this Act.
(4) A delegate is presumed to be acting within the terms of the delegation in the
absence of proof to the contrary.
(5) The delegation of a function or power does not prevent the Commissioner from
performing the function or exercising the power.
123 Liability of Commissioner and others
The Commissioner, an Assistant Commissioner, or any other person acting on
their behalf is not personally liable for any act or omission done in good faith
in the performance or intended performance or exercise of the Commissioner’s
functions, duties, or powers.
124 Hearing before exercise of Commissioner’s discretion
The Commissioner must not exercise any of the Commissioner’s discretionary
powers under this Act or the regulations adversely to any applicant or other
party to a proceeding before the Commissioner without first giving the person a
reasonable opportunity of being heard in the prescribed manner.
Compare: 2013 No 68 s 208
Evidence
125 How to give evidence to Commissioner in proceedings
(1) Evidence must be given by affidavit or statutory declaration in proceedings
before the Commissioner under this Act.
(2) However, the Commissioner may—
(a) take oral evidence instead of, or as well as, an affidavit or a declaration;
and
(b) allow a witness to be cross-examined on the witness’s affidavit, declar‐
ation, or oral evidence.Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 8 s 125
55(3) A statutory declaration may be used before the court in any appeal instead of
evidence by affidavit and, if used in this way, has all the same incidents and
consequences as evidence by affidavit.
(4) Section 111 of the Crimes Act 1961 (which relates to false statements or dec‐
larations) applies to every affidavit and statutory declaration made for the pur‐
poses of this Act.
Compare: 1953 No 64 s 96(1), (4)
126 Commissioner may receive evidence on oath
(1) The Commissioner may also administer oaths to any witness in proceedings
before them.
(2) Evidence given on oath before the Commissioner is given in judicial proceed‐
ings for the purposes of sections 108 and 109 of the Crimes Act 1961  (which
relate to perjury).
Compare: 1953 No 64 s 96(2), (3)
127 Issuing of summons by Commissioner
(1) The Commissioner may issue a summons to a person requiring that person to
attend a hearing before the Commissioner and to do all or any of the following:
(a) give evidence:
(b) give evidence under oath:
(c) produce documents, things, or information, or any specified documents,
things, or information, in the possession or control of that person that are
relevant to the hearing.
(2) The Commissioner may require that any documents, things, or information pro‐
duced under this section be verified by oath, statutory declaration, or otherwise.
128 Requirements for summons
(1) A summons issued by the Commissioner under section 127 must be in writing,
be signed by the Commissioner, and specify—
(a) the date and time when, and the place where, the person must attend; and
(b) the documents, things, or information that the person is required to bring
and produce to the Commissioner; and
(c) the entitlement to be paid or tendered a sum in respect of witnesses’ fees,
allowances, and expenses; and
(d) the penalty for failing to attend.
(2) A summons may be served by—
(a) delivering it personally to the person summoned; or
(b) posting it to the person summoned at that person’s usual place of resi‐
dence or address for service; orPart 8 s 126 Plant Variety Rights Act 2022Version as at
24 January 2023
56(c) sending it by electronic communication to the person’s electronic
address for service if the person has provided an electronic address for
service.
(3) A summons must,—
(a) if it is to be served by personal delivery, be served at least 48 hours
before the attendance of the witness is required:
(b) if it is to be served by post, be served at least 10 days before the attend‐
ance of the witness is required:
(c) if it is to be served by electronic communication, be served at least 48
hours before the attendance of the witness is required.
(4) A summons that is posted is treated as having been served when it would have
been delivered in the ordinary course of post.
(5) A summons that is sent by electronic communication is treated as having been
served not later than 2 days after the date on which it is sent.
129 Witnesses’ fees, allowances, and expenses
(1) A witness appearing before the Commissioner under a summons is entitled to
be paid witnesses’ fees, allowances, and expenses in accordance with the scales
prescribed by regulations under the Criminal Procedure Act 2011.
(2) The person requiring attendance of the witness must pay or tender to the wit‐
ness the fees, allowances, and expenses at the time the requirement to attend is
served or at some other reasonable time before the hearing.
130 Offence of failing to comply with summons
(1) A person summoned to attend before the Commissioner commits an offence if
the person, without sufficient cause,—
(a) fails to attend in accordance with the summons; or
(b) does not give evidence when required to do so; or
(c) does not give evidence under oath when required to do so; or
(d) does not answer any question that is lawfully asked by the Commis‐
sioner; or
(e) does not provide any documents, things, or information that the sum‐
mons requires the person to provide.
(2) A person who commits an offence against this section is liable on conviction to
a fine not exceeding $2,000.
(3) A person must not be convicted of an offence against this section if witnesses’
fees, allowances, and expenses to which the person is entitled under section
129 have not been paid or tendered to them.Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 8 s 130
57Appeals against Commissioner’ s decisions
131 Appeal to High Court
(1) A person may appeal to the court against a decision of the Commissioner if—
(a) the decision is a kind of decision listed in Schedule 3  as an appealable
decision; and
(b) the person is a kind of person listed in Schedule 3 as a person who may
appeal against that decision.
(2) An appeal must be made—
(a) in accordance with the rules of court; and
(b) within the appeal period specified in Schedule 3 for the appeal; and
(c) in any other case, within—
(i) 20 working days of the date of the decision; or
(ii) any further time the court allows on an application made before or
after that period expires.
(3) A power exercised by the Commissioner is not appealable under this section if
that power is exercised wholly in reliance on an appealable decision referred to
in Schedule 2.
Compare: 2013 No 68 s 214
132 Decision stayed pending determination of appeal
If an appeal against a decision is made under section 131, the operation of that
decision is stayed until the appeal is finally disposed of, unless the court orders
otherwise.
133 Appeals against decisions of High Court on appeal
(1) A decision of the court on an appeal against a decision of the Commissioner
may be appealed to the Court of Appeal if—
(a) the decision was made under section 30 (which relates to the grant of a
PVR); or
(b) the decision was made under section 86 (which relates to the cancella‐
tion or nullification of a PVR by the Commissioner); or
(c) the decision was to issue a compulsory licence under section 108; or
(d) the court or the Court of Appeal gives leave.
(2) All other decisions of the court on an appeal against a decision of the Commis‐
sioner are final.
(3) However, this section does not limit the rights of appeal under sections 68 and
69 of the Senior Courts Act 2016.
Compare: 2013 No 68 s 215Part 8 s 131 Plant Variety Rights Act 2022Version as at
24 January 2023
58Subpart 2—Other administrative matters
Plant variety rights register
134 Register
(1) The Commissioner must keep a register of plant variety rights in New Zealand
in accordance with this Act and the regulations.
(2) Sections 144 and 145 provide for evidence relating to the PVR register.
(3) The purpose of the PVR register is to—
(a) enable members of the public to—
(i) know what PVRs are in force and the key dates for those PVRs
(for example, the date of filing of the PVR application); and
(ii) know who the PVR holder is and who has other interests in the
PVR (for example, under a mortgage or licence) and the addresses
for service of those persons; and
(iii) find out about the scope of a PVR; and
(iv) find out about other matters affecting the validity and ownership
of the PVR or any licensees of the PVR; and
(b) facilitate the carrying out of the Commissioner’s functions under this
Act.
135 Form of register
The register may—
(a) be an electronic register; or
(b) be kept in any other manner that the Commissioner thinks fit.
Compare: 2013 No 68 s 196
136 Contents of PVR register
(1) The PVR register must contain the following information for each PVR in
force in New Zealand:
(a) the name, address, and address for service of each PVR holder:
(b) the date of filing of each PVR application, the priority date or dates, the
date on which the PVR is granted, and the date on which the next
renewal fee is due:
(c) the genus or species to which the PVR relates:
(d) the denomination of the plant variety that is the subject of a PVR:
(e) a description of the distinctive features of the plant variety that is the
subject of a PVR, where those features are identified by the Commis‐
sioner:
(f) details of assignments and transmissions of PVRs:Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 8 s 136
59(g) the name, address, and address for service of licensees and other persons
with interests in a PVR:
(h) any other matters required by or under this Act to be entered in the PVR
register.
(2) The PVR register may also contain any other information that the Commis‐
sioner considers necessary or desirable.
(3) If the Commissioner is satisfied, on the application of any person, that the dis‐
closure of that person’s address (as entered in the register) would be prejudicial
to the safety of that person or their family, the Commissioner may direct that
that information not be available for inspection or otherwise disclosed.
(4) No notice of any trust may be entered in the PVR register, and the Commis‐
sioner is not affected by any notice of that kind.
Compare: 2013 No 68 s 197
Searches of PVR register and obtaining PVR information
137 Search of PVR register
A person may search the PVR register in accordance with this Act or the regu‐
lations.
Compare: 2013 No 68 s 198
138 Requests for PVR information and certified copies
The Commissioner must, if a person requests it in the prescribed manner, give
the person—
(a) a copy of, or an extract from, a PVR or any registered document that is
certified by the Commissioner as a true copy of, or extract from, the ori‐
ginal for the purposes of section 144:
(b) a certificate as to any of the matters stated in section 145:
(c) any prescribed information concerning a PVR or PVR application.
Compare: 2013 No 68 s 199
Changes to PVR register and other official documents
139 Changes to PVR register
The Commissioner may make changes to the PVR register in accordance with
this Act or the regulations.
Compare: 2013 No 68 s 200
140 Commissioner may correct own mistakes in PVR register, etc
(1) The Commissioner may correct an error or omission that the Commissioner is
satisfied has been made by the Commissioner in—
(a) the PVR register; orPart 8 s 137 Plant Variety Rights Act 2022Version as at
24 January 2023
60(b) any PVR; or
(c) any other document issued under this Act.
(2) The Commissioner must, before making the correction,—
(a) give notice that the Commissioner proposes to make the correction to
persons that the Commissioner thinks have an interest in it; and
(b) give those persons a reasonable opportunity to be heard.
(3) The Commissioner may require production of the PVR or other document to
make the correction.
Compare: 2013 No 68 s 201
141 Commissioner may correct other persons’ mistakes in PVR register, etc
(1) The Commissioner may (on application by any person or on the Commission‐
er’s own initiative) correct an error or omission that the Commissioner is satis‐
fied has been made by any person (other than the Commissioner) in—
(a) the PVR register; or
(b) any PVR; or
(c) any PVR application; or
(d) any documents filed in connection with a PVR application or filed in
proceedings before the Commissioner in connection with a PVR or PVR
application.
(2) Any person (whether or not that person made the error or omission) may apply
for a correction under this section in the prescribed manner.
(3) In the case of an application made in reliance on subsection (1)(c) or (d), the
application must be accompanied by the prescribed fee (if any).
(4) The Commissioner must, before making the correction, publicly notify the
nature of the proposed correction if the Commissioner thinks that—
(a) the correction would materially alter the meaning or scope of the docu‐
ment to be corrected; and
(b) it ought not be made without notice to persons who have an interest in it.
(5) If a person gives notice to the Commissioner of opposition to the application
for the proposed correction within the prescribed time, the Commissioner must,
before deciding the matter,—
(a) give notice of the opposition to the applicant (if any); and
(b) give the applicant (if any) and opponent a reasonable opportunity to be
heard.
Compare: 2013 No 68 s 202Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 8 s 141
61142 Commissioner may alter certain inconsistent information
(1) This section applies if information in the PVR register relating to a person is
inconsistent with the primary business data of that person in the New Zealand
Business Number Register.
(2) If this section applies, the Commissioner may, in the prescribed manner (if
any), alter the information in the PVR register so that it is consistent with the
primary business data in the New Zealand Business Number Register.
(3) In this section, primary business data  has the same meaning as in section
20(2) of the New Zealand Business Number Act 2016.
Compare: 2013 No 68 s 202A
143 Court may correct PVR register
(1) The court may, on application of any person aggrieved, order the PVR register
to be corrected by making an entry, or varying or deleting an entry, in it.
(2) In a proceeding under this section, the court may determine any question that it
is necessary or expedient to decide in connection with the correction of the
PVR register.
(3) The applicant for correction must give notice of the application in the pre‐
scribed manner to the Commissioner.
(4) The Commissioner is entitled to appear and be heard on the application, and
must appear if so directed by the court.
(5) Any order by the court under this section must direct that notice of the order
must be served on the Commissioner in the prescribed manner.
(6) The Commissioner must, on receipt of notice of an order, correct the PVR
register accordingly.
Compare: 2013 No 68 s 203
Evidence
144 Evidence: PVR register and PVRs
(1) The PVR register is prima facie evidence of any matters required or authorised
by or under this Act to be entered in it.
(2) A copy of, or an extract from, a PVR or registered document that purports to be
certified as a true copy or extract by the Commissioner is admissible in evi‐
dence in legal proceedings as if it were the original.
Compare: 2013 No 68 s 204
145 Evidence: anything done by Commissioner
(1) A certificate purporting to be signed by the Commissioner in relation to the
matters referred to in subsection (2) is for all purposes prima facie evidence of
those matters specified in the certificate.
(2) The matters are—Part 8 s 142 Plant Variety Rights Act 2022Version as at
24 January 2023
62(a) that anything that the Commissioner is authorised to do by or under this
Act or any other enactment in relation to PVRs or PVR applications
(including entries in the PVR register) has or has not been done; or
(b) that anything that the Commissioner is authorised or required to do by or
under this Act or any other enactment in relation to PVRs or PVR appli‐
cations has been lawfully done; or
(c) that any entry in the PVR register is as stated in the certificate.
Compare: 2013 No 68 s 205
Confidentiality
146 Obligation of confidentiality on applicant, iwi, and hapū, etc
(1) This section applies in relation to any engagement between a breeder and a per‐
son, iwi, hapū, or group representing Māori before the breeder lodges a PVR
application (the parties ).
(2) The parties—
(a) must keep confidential all information that comes into their knowledge
as a result of engagement before an application is made; and
(b) must not disclose any of that information except—
(i) with the consent of the person to whom the information relates or
to whom the information is confidential; or
(ii) to the extent that the information is already in the public domain;
or
(iii) to the extent required by an order of any court.
(3) The obligation imposed by subsection (2)(a) operates subject to section 47 ,
which provides that information submitted with an application must be made
publicly available.
147 Breach of confidentiality proceedings
Any party who alleges that another party has acted in breach of section 146
may bring proceedings for breach of confidentiality in the court.
148 Types of relief available for breach of confidentiality
The relief that the court may grant for a breach of confidentiality includes—
(a) an injunction; and
(b) at the option of the plaintiff, damages or an account of profits.Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 8 s 148
63Fees and other money
149 Fees and other money
(1) A fee specified in, or other money required to be paid under, this Act or the
regulations must be paid to the Commissioner in accordance with this Act and
the regulations.
(2) If an application is required to be accompanied by a fee, the application is
taken not to have been made until the fee is received by the Commissioner.
(3) If any other fee is payable in relation to a thing to be done by the Commis‐
sioner, the Commissioner may defer doing the thing until the fee is paid.
(4) Regulations made under section 156(1)(m) (relating to fees) may—
(a) specify a fee or the manner in which it is to be calculated:
(b) specify when, or the time within which, the fee must be paid (if that is
not specified in this Act):
(c) specify how the fee may or must be paid:
(d) authorise the Commissioner to waive or refund a fee payable by 1 or
more named persons.
150 Payment and application of fees and other money paid under this Act
(1) The Commissioner must pay all the fees or other money paid to them under
this Act into a Departmental Bank Account.
(2) The Commissioner may refund any sum paid to the Commissioner by mistake,
or any sum the payment of which is not required by the regulations, and the
money refunded may be paid out of public money without further appropri‐
ation than this Act.
(3) Any amount of a fee or other money required to be paid by this Act or the
regulations that is not paid is recoverable in a court of competent jurisdiction as
a debt due to the Crown or, if the Act or regulations require it to be paid to a
person other than the Commissioner, as a debt to that person.
(4) To avoid doubt, this section applies in relation to fines and costs orders
imposed under this Act other than fines for offences.
Compare: 2013 No 68 s 238(2)–(5)
Journal and other publications
151 Commissioner must publish journal
(1) The Commissioner must periodically publish a journal containing—
(a) prescribed details concerning PVRs and PVR applications (for example,
the names of PVR holders and brief descriptions of the PVRs); and
(b) any other information required by this Act, the regulations, or any other
law to be published in it; andPart 8 s 149 Plant Variety Rights Act 2022Version as at
24 January 2023
64(c) other information concerning PVRs or PVR applications that the Com‐
missioner thinks is useful or desirable for PVR holders, PVR applicants,
licensees, or the public to know.
(2) The journal may be published electronically or in any other manner that the
Commissioner thinks fit.
Compare: 2013 No 68 s 206
Electronic filing and service, etc
152 Electronic filing and service, etc
(1) This section applies to a requirement under this Act or the regulations for—
(a) a person to file information or a document with, or serve or give infor‐
mation or a document to, the Commissioner; and
(b) the Commissioner to serve or give information or a document to any per‐
son.
(2) A requirement referred to in subsection (1)(a) must be met by using a pre‐
scribed electronic delivery method (or another delivery method permitted by
the regulations) in the prescribed manner.
(3) A requirement referred to in subsection (1)(b) must be met—
(a) by using a prescribed electronic delivery method (or another delivery
method permitted by the regulations) in the prescribed manner; or
(b) by other means that are reasonable in the circumstances.
(4) Anything that is filed, served, or given by a prescribed electronic or other
delivery method must be treated as received for the purposes of that require‐
ment when specified by the regulations.
(5) However, this section does not apply to a requirement—
(a) to file, serve, or give information or documents in any proceeding in a
court; or
(b) for which a particular or different method is specified in this Act or the
regulations.
(6) In this section, information or a document  includes any notice, application,
request, certificate, correspondence, or other type of information or document
referred to in or under this Act.
Compare: 2013 No 68 s 229
Serving of notices and other documents
153 Service of notices (other than those given to or by Commissioner)
(1) Any notice or any other document required to be served on, or given to, any
person under this Act or the regulations (other than a notice or other documentVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 8 s 153
65given to or by the Commissioner) is sufficiently served or given if the notice or
document is—
(a) delivered personally or posted to the person at the person’s address for
service or last known place of residence or business; or
(b) sent by fax or electronic communication to the person’s last known fax
number or electronic address; or
(c) made available to the person in accordance with a prescribed electronic
delivery method (if permitted under the regulations).
(2) A notice or document that is sent to a person at a fax number or an electronic
address must be treated as received by that person on the second working day
after the date on which it is sent.
(3) A notice or document that is posted to a person must be treated as received by
that person not later than 7 days after the date on which it is posted.
(4) However, a notice or document must not be treated as received if the person to
whom it is posted or sent proves that it was not received, otherwise than
through fault on the person’s part.
(5) A notice or document that is made available to a person by the prescribed elec‐
tronic delivery method must be treated as received by that person when speci‐
fied by the regulations.
(6) This section does not—
(a) apply to any requirement to which section 152(5)(a) applies:
(b) apply to notices or other documents served, given, or filed in any pro‐
ceeding in any court or to the extent that a different or particular delivery
method is specified by this Act or the regulations.
Compare: 2013 No 68 s 233
Meanings of certain terms
154 Meaning of publicly notify
(1) If the Commissioner is required to publicly notify  a document or information,
they must publish a notice about it in the journal.
(2) The Commissioner must do so as soon as practicable after they receive the
document or information, unless this Act provides otherwise.
(3) The notice must—
(a) set out, or give a summary of, the document or information; and
(b) if the document or information is required to be made publicly available,
state where it is available; and
(c) if the document or information relates to a matter about which a notice
of opposition may be given,—Part 8 s 154 Plant Variety Rights Act 2022Version as at
24 January 2023
66(i) state that anyone wishing to do so may give a notice of opposition
to the Commissioner; and
(ii) set out how and by what date notices of opposition must be given.
155 Meaning of make publicly available
(1) If the Commissioner is required to make publicly available  a document or
other information, they must—
(a) publish it on an Internet site maintained by or on behalf of the Commis‐
sioner; and
(b) ensure that it can be viewed by members of the public on that site at all
reasonable times free of charge; and
(c) comply with any other notification requirements specified in the regula‐
tions.
(2) The Commissioner must do so as soon as practicable after the document or
information is given to the Commissioner, unless this Act provides otherwise.
(3) Subsection (1) does not apply to any document or other information—
(a) that is subject to legal professional privilege; or
(b) that is subject to an order of a court or tribunal prohibiting disclosure of
the document or information in the document; or
(c) that the Commissioner has reasonable grounds to believe should not be
open to public inspection.
Subpart 3—Secondary legislation
156 Regulations
(1) The Governor-General may, by Order in Council made on the recommendation
of the Minister, make regulations for all or any of the following:
Treaty-related matters
(a) listing which plant species are non-indigenous plant species of signifi‐
cance:
(b) prescribing matters relating to the Māori Plant Varieties Committee:
Applications, requests, notices, and proceedings
(c) prescribing procedures, requirements, and other matters, not inconsistent
with this Act, in respect of PVR applications and the granting of PVRs
under this Act, including—
(i) requiring PVR applications, specifications, and any other docu‐
ments relating to PVR applications or to be filed, made, or other‐
wise provided to the Commissioner in a prescribed manner:
(ii) requiring those PVR applications and documents to be dealt with
or proceeded with in a prescribed manner:Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 8 s 156
67(iii) providing for further information or documents to be filed with or
otherwise provided to the Commissioner in a prescribed manner:
(iv) specifying limitations and requirements for the purposes of sec‐
tion 16(2):
(v) specifying requirements about the conduct of growing trials:
(d) without limiting paragraph (c), requiring any applications, requests, or
notices under this Act to be made or given in a prescribed manner, and
providing for the lapse or abandonment or withdrawal, or deemed aban‐
donment or withdrawal, of such matters if specified prescribed require‐
ments are not satisfied:
(e) providing for the procedures for the surrender and restoration of PVRs,
applications, and any other matters:
(f) providing for the procedure to be followed in connection with any appli‐
cation, request, or notice under this Act, or in connection with any
opposition, nullification, cancellation, variation or other proceeding
before the Commissioner and for providing for the lapse, cancellation, or
abandonment of such matters if specified prescribed requirements are
not satisfied:
(g) authorising the correction of irregularities of procedure:
(h) regulating the making of applications or requests or the giving of notices
under this Act by agents, and prescribing classes of persons whom the
Commissioner may refuse to recognise as agents:
(i) providing for all matters placed under the direction or control of the
Commissioner by this Act or the regulations, including—
(i) providing for the Commissioner to extend time limits under the
regulations or waive requirements of the regulations:
(ii) regulating applications for, oppositions to, and the provision of
counter-statements and claims in relation to any matter under this
Act and the granting of extensions of time limits by the Commis‐
sioner under this Act:
(iii) providing for the protection of persons who have in good faith
begun to exploit a PVR that has been revoked or for which an
application for a grant is deemed to have lapsed or been aban‐
doned:
(iv) providing for the manner in which a reasonable opportunity to be
heard must be given to persons (which may include the making of
submissions in writing, the opportunity for an oral hearing, or
both):
(v) providing for how statutory declarations for proceedings before
the Commissioner must be made and given:Part 8 s 156 Plant Variety Rights Act 2022Version as at
24 January 2023
68(vi) providing for the Commissioner to destroy documents and infor‐
mation provided to them in connection with any application,
request, or notice that is abandoned, void, or otherwise inactive
for the prescribed period:
Register
(j) prescribing procedures, requirements, and other matters, not inconsistent
with this Act, for the register, including matters relating to—
(i) the operation of the register:
(ii) access to and search of the register:
(iii) the location of, and hours of access to, the register:
(k) regulating the manner in which the Commissioner may alter information
in the register, including prescribing procedures, requirements, and other
matters in respect of an alteration:
Journal
(l) prescribing the manner in which something must be published in the
journal:
Fees and penalties
(m) prescribing fees to be paid, or the means by which those fees may be cal‐
culated or ascertained, for any matter under this Act or the regulations:
(n) prescribing the period for the payment of a renewal fee:
(o) exempting, or providing for the Commissioner to exempt from, waive,
or refund fees:
General
(p) providing for—
(i) the filing, serving, or giving of notices or other documents, or
classes of notices or other documents, by an electronic method or
any other method (including by making those notices or docu‐
ments available to a person on an Internet site and for the person
to be directly alerted to them by means of a notice to the person’s
last known electronic address or any other specified means); and
(ii) when notices or documents are treated as received under that
method; and
(iii) any other related matters:
(q) any other matters contemplated by this Act, necessary for its administra‐
tion, or necessary for giving effect to this Act.
(2) The structure of the fee system under this Act prescribed by regulations under
subsection (1) may be such that the renewal fees—
(a) recover a share of the costs incurred by the Commissioner in performing
their functions under this Act or the Plant Variety Rights Act 1987; andVersion as at
24 January 2023 Plant Variety Rights Act 2022 Part 8 s 156
69(b) recover a share of the costs incurred by the Māori Plant Varieties Com‐
mittee in performing its functions under this Act; and
(c) recover those costs at a level that provides an appropriate incentive (hav‐
ing regard to the purpose of this Act set out in section 3(a) ) for appli‐
cants or PVR holders to let those PVRs expire if they do not receive, or
will not receive, sufficient benefit from having the PVRs.
(3) To avoid doubt, a reference in this Act to a prescribed time  includes a time set
by the Commissioner within a period of time specified in the regulations.
(4) Regulations made under this section are secondary legislation ( see Part 3 of the
Legislation Act 2019 for publication requirements).
Legislation Act 2019 requirements for secondary legislation made under this section
Publication PCO must publish it on the legislation website and notify
it in the GazetteLA19 s 69(1)(c)
Presentation The Minister must present it to the House of
RepresentativesLA19 s 114
Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.
157 Declaration of entity to be UPOV party
(1) For the purpose of meeting New Zealand’s international obligations, the
Governor-General may, by Order in Council, declare a State, an international
organisation, or any other international entity to be a UPOV party for the pur‐
poses of this Act.
(2) An Order in Council made under this section is secondary legislation ( see Part
3 of the Legislation Act 2019 for publication requirements).
Legislation Act 2019 requirements for secondary legislation made under this section
Publication PCO must publish it on the legislation website and notify
it in the GazetteLA19 s 69(1)(c)
Presentation The Minister must present it to the House of
RepresentativesLA19 s 114
Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.
Subpart 4—Repeals and revocations
158 Repeals and revocations
(1) The Plant Variety Rights Act 1987 (1987 No 5) is repealed.
(2) The following are revoked:
(a) the Plant Variety Rights Regulations 1988 (SR 1988/101):
(b) the Plant Variety Rights (Grantees’ Rights) Order 1997 (SR 1997/358):
(c) the Plant Variety Rights (Fees) Order 1999 (SR 1999/159).Part 8 s 157 Plant Variety Rights Act 2022Version as at
24 January 2023
70Subpart 5—Amendments
159 Consequential amendments to other Acts
Amend the enactments specified in Schedule 4 as set out in that schedule.Version as at
24 January 2023 Plant Variety Rights Act 2022 Part 8 s 159
71Schedule 1
Transitional, savings, and related provisions
s 13
1 Grants applied for or made before commencement of this clause
(1) This clause is for the purpose of determining the rights, interests, entitlements,
immunities, powers, functions, or duties of any person in relation to a plant
variety to which this clause applies.
(2) This clause applies to a plant variety if—
(a) a plant variety right was granted for that variety before the commence‐
ment of Part 4 of this Act; or
(b) an application for the grant of a plant variety right for that variety was
made before the commencement of Part 4 of this Act.
(3) If this clause applies,—
(a) any right, interest, entitlement, immunity, power, function, or duty of any
person in relation to the variety must be determined under the old law;
and
(b) without limiting paragraph (a), the applicable definition of owner is the
definition that was in force under the old law.
(4) In this clause and in clauses 2 and 3, old law  means the law as in force imme‐
diately before the commencement of Part 4 of this Act.
Example
Person A obtained a grant before the commencement of this clause. Person B
obtained a grant after the commencement of this clause but applied for that grant
before the commencement of this clause. Person A and person B have both
obtained grants in respect of wheat varieties (which are not vegetatively propaga-
ted). Their rights are determined under the old law. Their rights include the exclu-
sive right to sell reproductive material of the protected variety.
Person A’s rights and person B’s rights are not infringed if another person propa-
gates the relevant protected variety for non-commercial use, or uses it to breed a
new variety (as long as this does not involve repeated use of the protected var-
iety). This is because under the old law exceptions apply that allow this to happen.
Person A and person B do not have rights in respect of varieties that are essen-
tially derived from the protected variety for which they hold a grant, and they do not
have any of the other rights set out in this Act other than those that existed under
the old law.
(5) This clause is subject to clause 7 and does not prevent any applications made
under that clause.
(6) This clause is also subject to clause 8.Schedule 1 Plant Variety Rights Act 2022Version as at
24 January 2023
722 Continuation of applications, proceedings, actions, and matters made or
commenced before commencement of this clause
(1) This clause applies to an application, proceeding, action, or other matter that—
(a) was made or commenced before the commencement of Part 4 of this
Act; or
(b) otherwise relates to an application, proceeding, action, or other matter
that was made or commenced before the commencement of Part 4 of this
Act.
(2) If this clause applies, the application, proceeding, action, or other matter must
be continued, considered, completed, and determined under the old law.
(3) Without limiting subclause (2), the applications, proceedings, actions, and
other matters referred to in subclause (1) include the following:
(a) applications under section 5 of the Plant Variety Rights Act 1987  that
were made before the commencement of Part 4 of this Act, including a
proposal for a denomination to be approved by the Commissioner:
(b) objections under section 6 of the Plant Variety Rights Act 1987  that were
made in respect of an application made before the commencement of
Part 4 of this Act:
(c) objections under section 15 of the Plant Variety Rights Act 1987  that
were made before the commencement of Part 4 of this Act:
(d) requests under section 21 of the Plant Variety Rights Act 1987 that were
made before the commencement of Part 4 of this Act:
(e) proceedings for the infringement of any right, interest, or entitlement in
relation to a variety that were commenced before the commencement of
Part 4 of this Act:
(f) any appeal under section 23 of the Plant Variety Rights Act 1987  that
was commenced before the commencement of Part 4 of this Act:
(g) proceedings for an offence under section 37 of the Plant Variety Rights
Act 1987 that were commenced before the commencement of Part 4 of
this Act.
(4) Without limiting subclause (2), if this clause applies, the applicable definition
of owner is the definition that was in force under the old law.
Examples
Example 1
A person makes an application for a plant variety grant before the commencement
of Part 4 of this Act. There is no statutory requirement for the Commissioner to
consider whether a proposed denomination is likely to offend a significant section
of the community, including Māori.Version as at
24 January 2023 Plant Variety Rights Act 2022 Schedule 1
73Example 2
Person A makes an objection under section 6 of the Plant Variety Rights Act 1987
in relation to an application for a grant made by person B before the commence-
ment of Part 4 of this Act. The Commissioner must determine this question in
accordance with the definition of owner in force under the old law. Under that def-
inition, a person can be an owner if the person either bred or discovered the var-
iety (subject to other requirements, such as that the variety must be new and dis-
tinct).
Example 3
Person A makes an objection under section 15(2) of the Plant Variety Rights Act
1987  before the commencement of Part 4 of this Act that a grantee ( Person B )
was not the owner of the variety at the time the grant was made (the grant being
made before the commencement of Part 4 of this Act). As in example 2, the Com-
missioner must determine this according to the definition of owner in force under
the old law.
(5) This clause is subject to clause 7.
3 Transitional provision relating to Plant Variety Rights (Grantees’ Rights)
Order 1997
Despite the repeal of section 17 of the Plant Variety Rights Act 1987  by section
158 of this Act, the Plant Variety Rights (Grantees’ Rights) Order 1997, as in
force immediately before the commencement of this clause, continues in force
for the purposes of—
(a) determining any rights, interests, entitlements, immunities, or duties of
any person to whom clause 1 applies; and
(b) any application, proceeding, action, or other matter to which clause 2
applies.
Example
Person A obtained a grant before the commencement of this clause, and person B
obtained a grant after the commencement of this clause but applied for that grant
before the commencement of this clause. Person A’s rights exist in vegetatively
propagated begonias, and person B’s rights exist in vegetatively propagated fruit
trees.
Person A’s and person B’s rights are determined under the old law. The exclusive
rights include, in this case, both the right to sell reproductive material and propa-
gate the relevant variety for the commercial production of fruit, flowers, and other
products (as in both cases the plants fall into the category of vegetatively propaga-
ted fruit-producing plants, vegetatively propagated ornamental plants, or vegeta-
tively propagated vegetable-producing plants).
Person A and person B do not have rights in respect of varieties that are essen-
tially derived from the protected variety and they do not have any of the other
rights set out in this Act other than those that existed under the old law.Schedule 1 Plant Variety Rights Act 2022Version as at
24 January 2023
744 Essentially derived varieties
A PVR granted under this Act in respect of a plant variety ( A) does not confer
any rights on the holder of the right in respect of an essentially derived variety
(A1) if A1 was in existence before the commencement of this clause.
5 Plant variety rights register
(1) The register kept under section 14(3) of the Plant Variety Rights Act 1987  con‐
tinues to be kept as the register under section 134 of this Act.
(2) The Commissioner must continue to record in the register, kept under section
134 of this Act, all the matters required to be kept under section 14(3) of the
Plant Variety Rights Act 1987 and the Plant Variety Rights Regulations 1988.
(3) Any additional information requested by the Commissioner may be recorded
on the register kept under section 134 of this Act.
6 Existing appointments preserved
(1) The person holding the position of Commissioner of Plant Variety Rights
immediately before the commencement of this clause continues to hold office
on and after the commencement of this clause as the Commissioner appointed
under section 120(1) of this Act.
(2) Any person holding the position of Assistant Commissioner of Plant Variety
Rights immediately before the commencement of this clause continues to hold
office on and after the commencement of this clause as an Assistant Commis‐
sioner appointed under section 120(2) of this Act.
7 Compulsory licences
(1) An application for a compulsory licence under Part 7 of this Act must be dealt
with under this Act.
(2) An application for a compulsory licence under the Plant Variety Rights Act
1987  made before the commencement of Part 7 of this Act must be dealt with
under the Plant Variety Rights Act 1987.
(3) An application for a compulsory licence for a plant variety for which a plant
variety right was granted under the Plant Variety Rights Act 1987  (being an
application that is made on or after the commencement of Part 7 of this Act)
must be dealt with under this Act.
8 Renewal fees
For a plant variety right referred to in clause 1(2)(a), the next annual grant fee
(after this clause comes into force) must be paid when due in accordance with
the Plant Variety Rights Act 1987, but after that due date renewal fees become
due in accordance with this Act.Version as at
24 January 2023 Plant Variety Rights Act 2022 Schedule 1
759 Part 5 of this Act does not apply to a plant variety right granted under
Plant Variety Rights Act 1987
Subpart 3 of Part 5 of this Act (which among other matters allows the Māori
Plant Varieties Committee to consider and determine applications for cancella‐
tion or nullification of PVRs) does not apply in respect of—
(a) a plant variety right granted under the Plant Variety Rights Act 1987; or
(b) a PVR application made under Part 4 before subpart 3 of Part 5 comes
into force.Schedule 1 Plant Variety Rights Act 2022Version as at
24 January 2023
76Schedule 2
Part 5 appeals
s 71
Section Appealable decision Who may appeal Appeal period
1 s 67(1) That a PVR application
should proceedAny person aggrieved
by the decision28 days after notice
given under s 67(4)
2 s 67(3) That a PVR application
must be declinedApplicant 28 days after notice
given under s 67(4)
3 s 68(4) That the committee’s
decision not be
reconsideredAny person aggrieved
by the decision28 days after notice
given under s 68(5)
4 s 69(3)(a) That a PVR application
must be nullifiedAny person aggrieved
by the decision28 days after notice
given under s 69(6)
5 s 69(3)(b) That a PVR application
must be cancelledAny person aggrieved
by the decision28 days after notice
given under s 69(6)
6 s 69(3)(c) or
(4)(a)Dismissal of application
made under s 69(1)Any person aggrieved
by the decision28 days after notice
given under s 69(6)Version as at
24 January 2023 Plant Variety Rights Act 2022 Schedule 2
77Schedule 3
Appeals to High Court
s 131
Section Appealable decision Who may appeal Appeal period
1 s 30(3)(a) Grant of a PVR Any person aggrieved
by the decision28 days after notice
given under s 30(4)
2 s 30(3)(b) Refusal to grant a PVR Applicant 28 days after notice
given under s 30(6)
3 s 46(2)(a) Cancellation of a PVR Any person aggrieved
by the decision28 days after
notification of the
decision
4 ss 70(1) and
88(1)Dismissal of application
made under s 69(1) or
86(1)Any person aggrieved
by the decision28 days after the
notification of the
decision
5 ss 85 and 86 Nullification of a PVR Any person aggrieved
by the decision28 days after
notification of the
nullification
6 ss 85 and 86 Cancellation of a PVR Any person aggrieved
by the decision28 days after
notification of the
decision
7 s 93 Decision not to restore a
lapsed PVR applicationAny person aggrieved
by the decision28 days after
notification of the
decision
8 s 95 Decision that no prima
facie case exists for
restorationAny person aggrieved
by the decision28 days after
notification of the
decision
9 s 100 Decision not to restore a
cancelled PVR
applicationAny person aggrieved
by the decision28 days after
notification of the
decision
10 s 102 Decision that no prima
facie case exists for
restorationAny person aggrieved
by the decision28 days after
notification of the
decision
11 s 108(4)(a) Decision to grant a
compulsory licenceAny person aggrieved
by the decision28 days after
notification of the
decision
12 s 108(4)(b) Decision not to grant a
compulsory licenceAny person aggrieved
by the decision28 days after
notification of the
decision
13 s 117 Decision not to amend
or revoke a compulsory
licenceAny person aggrieved
by the decision28 days after
notification of the
decision
14 s 117 Decision to amend or
revoke a compulsory
licenceAny person aggrieved
by the decision28 days after
notification of the
decisionSchedule 3 Plant Variety Rights Act 2022Version as at
24 January 2023
78Schedule 4
Amendments to other enactments
s 159
Part 1
Amendments to Acts
Commerce Act 1986 (1986 No 5)
In section 45(2)(e), replace “Plant Variety Rights Act 1987 ” with “Plant Variety
Rights Act 2022”.
Disputes Tribunal Act 1988 (1988 No 110)
In section 2, definition of intellectual property , replace “Plant Variety Rights Act
1987” with “Plant Variety Rights Act 2022”.
Income Tax Act 2007 (2007 No 97)
In Schedule 14, item 12, replace “Plant Variety Rights Act 1987 ” with “Plant Variety
Rights Act 2022”.
Patents Act 2013 (2013 No 68)
In section 16(5), replace “that given to the term variety  in section 2 of the Plant Var‐
iety Rights Act 1987” with “in section 7 of the Plant Variety Rights Act 2022”.
Public Works Act 1981 (1981 No 35)
In section 2, definition of intellectual property , replace “Plant Variety Rights Act
1987” with “Plant Variety Rights Act 2022”.
Trans-Tasman Mutual Recognition Act 1997 (1997 No 60)
In Schedule 1, under the heading “Category 2 ”, replace “Plant Variety Rights Act
1987” with “Plant Variety Rights Act 2022”.
Part 2
Amendments to secondary legislation
Commodity Levies (Non-proprietary and Uncertified Herbage Seeds) Order
2020 (LI 2020/142)
In clause 3, definition of uncertified seed , paragraph (b), replace “Plant Variety
Rights Act 1987” with “Plant Variety Rights Act 2022”.Version as at
24 January 2023 Plant Variety Rights Act 2022 Schedule 4
79Notes
1 General
This is a consolidation of the Plant Variety Rights Act 2022 that incorporates
the amendments made to the legislation so that it shows the law as at its stated
date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted
or made by the legislation consolidated and by the amendments. This presump‐
tion applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐
lished as an electronic version, is an official version. A printed version of legis‐
lation that is produced directly from this official electronic version is also an
official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to con‐
solidations using the powers under subpart 2 of Part 3 of the Legislation Act
2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Plant Variety Rights Act 2022 Commencement Order 2022 (SL 2022/345)
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2023Notes Plant Variety Rights Act 2022Version as at
24 January 2023
80