Plant Variety Rights Regulations 2022
Cindy Kiro, Governor-General
Order in Council
At Wellington this 19th day of December 2022
Present:
The Right Hon Jacinda Ardern presiding in Council
These regulations are made under section 156 of the Plant Variety Rights Act 2022  on
the advice and with the consent of the Executive Council and on the recommendation
of the Minister of Commerce and Consumer Affairs.
Contents
Page
1 Title 7
2 Commencement 7
3 Interpretation 7
4 Transitional, savings, and related provisions 8
5 Application 8
Part 1
Miscellaneous
Subpart 1—Non-indigenous plant species of significance
6 Non-indigenous plant species of significance 9
Subpart 2—Fees
General provisions
7 Amount of fees 9
8 Time of payment of fees 9
9 Form of payment of fees 92022/346
1Renewal fees
10 When renewal fees become due 9
11 Period within which renewal fees must be paid 10
12 Certificate of payment of renewal fees 10
Subpart 3—Forms and documents
Use of case management facility
13 Certain information or documents must be given electronically
through case management facility10
14 Case management facility is prescribed electronic delivery method
for certain purposes11
15 Information that must be given when case management facility
first used11
16 Number of PVR application or PVR must be given when any
information or documents filed under Act or regulations11
17 Information or documents may be given by alternative delivery
method11
18 Electronic documents 12
Filing
19 Number of copies 12
20 Document filed when received in proper form 12
21 Filing date of document if not received on working day 12
Requirements for documents
22 Documents must be in English or Māori 13
23 Signatures 13
Subpart 4—Addresses
24 Address for service must be given 13
25 Communication address must be given 14
26 Change of address notice must be given 14
27 Sufficiency of address 14
Subpart 5—Agents
28 Agent may act on behalf of principal for purposes of regulations 14
29 Commissioner may give notices to agent 14
30 Commissioner may require principal of agent to file authority with
Commissioner in certain cases15
31 Refusal to recognise person as agent 15
32 Commissioner must notify refusal to recognise person as agent 16
33 Notice to Commissioner of revocation or alteration of authority 16
34 Agent may give notice of revocation or alteration of authority 16Plant Variety Rights Regulations 2022 2022/346
2Part 2
Process for obtaining grant of plant variety rights and other
matters
Subpart 1—PVR applications
PVR applications
35 Application for PVR 17
36 Colour photographs to be supplied with certain applications 18
37 Quantities of propagating material to be provided with applications 18
38 Prescribed dates for filing proposed denominations 18
39 Prescribed time for filing 1 or more alternative denominations 18
40 Variation of PVR application to alter denomination 19
41 Prescribed times for applicant to supply propagating material or
further information required by Commissioner19
42 Prescribed requirements under section 49(5) of Act 20
43 Reliance on report produced under section 49(2)(d) of Act 20
44 Prescribed times for payment of growing trial and examination
fees20
45 Matters that must be included in notice of opposition 20
46 Prescribed period within which notice of opposition to proposed
denomination may be filed21
47 Counter-statement to notice of opposition 21
48 Prescribed times for supply by applicant or PVR holder of
propagating material or further information required by
Commissioner21
49 Request for direction under section 76 of Act 22
Subpart 2—Transmission of PVRs or interests in PVRs
Registration of assignments and other interests in PVRs
50 Application under section 78 of Act 23
Vesting of PVRs or PVR applications without probate or letters of
administration
51 Application to vest PVR or PVR application for probate or letters
of administration23
Subpart 3—Cancellation and nullification of PVRs
Cancellation and nullification of PVRs
52 Application to Commissioner for cancellation or nullification of
PVR24
53 Counter-statement to application and evidence for cancellation or
nullification of PVR24
54 Procedure if no counter-statement to application for cancellation or
nullification is filed252022/346 Plant Variety Rights Regulations 2022
3Subpart 4—Surrender of PVRs
Surrender of PVRs
55 Notice of offer to surrender PVR 25
56 Opposition to surrender of PVR 25
57 PVR holder must file counter-statement 26
58 Filing of evidence 26
Subpart 5—Restoration of lapsed applications and cancelled PVRs
Restoration of lapsed PVR applications
59 Application for restoration of lapsed PVR applications 26
60 When application for restoration of lapsed PVR application may be
made26
61 Opposition to restoration of PVR application 27
62 Applicant must file counter-statement 27
63 Filing of evidence 28
64 Protection of persons who use plant variety if Commissioner
restores lapsed PVR application28
Restoration of cancelled PVRs
65 Manner in which request to restore cancelled PVR may be made 29
66 When request for restoration of cancelled PVR may be made 29
67 Opposition to restoration of cancelled PVR 29
68 Former PVR holder must file counter-statement 30
69 Filing of evidence 30
70 Protection of persons who use plant variety if Commissioner
restores cancelled PVR30
Subpart 6—Compulsory licences
Compulsory licences
71 Application for compulsory licence to exercise PVR 31
72 Procedure following application for compulsory licence 31
73 Time for applicant to comply with request under section 113(1) of
Act32
74 Filing of evidence 32
Subpart 7—Application for amendment or revocation of
compulsory licence
75 Application for amendment or revocation of compulsory licence 32
What happens if applicant for amendment or revocation is PVR
holder
76 What happens if applicant for amendment or revocation is PVR
holder33
77 Filing of evidence 33Plant Variety Rights Regulations 2022 2022/346
4What happens if applicant for amendment or revocation is
compulsory licensee
78 What happens if applicant is compulsory licensee 34
79 Filing of evidence 34
What happens if applicant is third party
80 What happens if applicant for amendment or revocation is third
party34
81 Filing of evidence 35
Subpart 8—Miscellaneous
PVR register
82 PVR register must contain record of grant of PVR 35
83 Other PVR information that must be entered in PVR register 36
84 Payment of renewal fees must be entered in PVR register 36
Searches of PVR register and obtaining PVR information
85 Search of PVR register 36
86 Information concerning PVR or PVR application that may be
requested36
87 How request for PVR information and certified copies must be
made37
Changes to PVR register and other official documents
88 Application to correct mistakes in PVR register, etc 37
89 Opposition to proposed correction 37
90 Applicant must file counter-statement 38
91 Filing of evidence 38
92 Opposition to Commissioner-initiated correction 38
93 Notice of application to court to correct PVR register 39
94 Notice of order of court to correct PVR register 39
Journal
95 Matters required to be published in journal 39
Evidence
96 Form of evidence 40
Amendment of documents
97 Amendment of documents 40
Miscellaneous
98 Power of Commissioner to waive requirements in exceptional
circumstances40
99 Power to waive requirements for PVR applications temporarily 40
100 Maintenance of certain records 412022/346 Plant Variety Rights Regulations 2022
5Part 3
Miscellaneous
Subpart 1—Procedural and evidential requirements for
proceedings before Commissioner
Proceedings to which this subpart applies
101 Application of this subpart 41
Documents filed in proceedings
102 Extra information that must be contained in documents filed in
proceedings42
Hearing before exercise of Commissioner’ s discretion
103 Hearing before exercise of Commissioner’s discretion 42
Case management
104 Commissioner may require parties to attend case management
conference43
105 Commissioner may give directions 43
106 Parties must comply with Commissioner’s directions 44
107 Non-compliance with Commissioner’s directions 44
Halt in proceedings
108 Commissioner may halt proceeding 45
Consolidation of proceedings
109 Commissioner may consolidate proceedings 45
Extension of time limits in proceedings
110 Commissioner may extend time limits in proceedings 45
Evidence
111 Evidence restricted to particulars filed 46
Procedural and evidential requirements
112 Supply of documents for use of Commissioner 46
113 Party filing documents must copy documents to opposite party 47
114 Evidence out of time 47
115 Application for permission to file evidence out of time 47
116 Right to file evidence in reply if evidence in chief permitted out of
time48
117 Evidence from another proceeding 48
Subpart 2—Conduct of hearings and related matters
Hearings
118 Form of hearing 48
119 Commissioner may determine form of hearing, etc 49
120 Notice of hearing by appearance 49Plant Variety Rights Regulations 2022 2022/346
6121 Hearing fee 49
122 Venue for hearing by appearance 50
123 Conduct of hearing by appearance 50
Costs
124 Costs 50
Fee waivers
125 Fee waivers 51
Schedule 1
Transitional, savings, and related provisions52
Schedule 2
Non-indigenous species of significance53
Schedule 3
Fees payable under Plant Variety Rights Act 2022 (excluding
GST)54
Schedule 4
Quantities of propagating material to accompany applications55
Regulations
1 Title
These regulations are the Plant Variety Rights Regulations 2022.
2 Commencement
These regulations come into force on 24 January 2023.
3 Interpretation
(1) In these regulations, unless the context otherwise requires,—
Act means the Plant Variety Rights Act 2022
address for service  means one of the following addresses in New Zealand or
Australia:
(a) a postal address:
(b) a post office box or document exchange box
agent  means a person—
(a) who is authorised by the person’s principal ( X) to act for X in any pro‐
ceeding in accordance with these regulations or to take any step on X’s
behalf under these regulations; and
(b) for whom recognition has not been refused by the Commissioner under
regulation 312022/346 Plant Variety Rights Regulations 2022 r 3
7anniversary date , in relation to a renewal fee for a PVR, means the anniver‐
sary of the date on which the PVR was granted
case management facility  means the case management facility that may be
accessed through the Commissioner’s website or web services
certificate of verification  means a statement—
(a) that a document to which the statement relates is a true and complete
translation of the accompanying document to the best of the knowledge
of the person who signs the statement; and
(b) that is dated and signed
communication address  means an electronic address at which communica‐
tions may be received from the case management facility
proceeding  means a proceeding under the Act or these regulations
verified translation  means a translation into English of an accompanying
document that has a certificate of verification attached
working day  means a day of the week other than—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sover‐
eign’s birthday, Te Rā Aro Ki a Matariki/Matariki Observance Day,
Labour Day, and Waitangi Day; and
(b) the anniversary day for the province of Wellington; and
(c) a day in the period that commences with 25 December in any year and
ends with 2 January in the following year; and
(d) if 1 January in any year falls on a Friday, the following Monday; and
(e) if 1 January in any year falls on a Saturday or a Sunday, the following
Monday and Tuesday; and
(f) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol‐
lowing Monday.
(2) An example used in these regulations has the following status:
(a) the example is only illustrative of the provision to which it relates and
does not limit the provision; and
(b) if the example and the provision to which it relates are inconsistent, the
provision prevails.
4 Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
have effect according to their terms.
5 Application
These regulations apply to all matters under the Act.r 4 Plant Variety Rights Regulations 2022 2022/346
8Part 1
Miscellaneous
Subpart 1—Non-indigenous plant species of significance
6 Non-indigenous plant species of significance
A non-indigenous plant species of significance  is a species listed in Schedule
2.
Subpart 2—Fees
General provisions
7 Amount of fees
(1) The fees set out in Schedule 3 are payable in respect of the matters set out in
that schedule.
(2) The fees are exclusive of goods and services tax (if any).
(3) However, subclause (1) is subject to clause 8 of Schedule 1 of the Act (which is
a transitional provision relating to the payment of fees).
Compare: LI 2014/275 r 5
8 Time of payment of fees
Fees must be paid at the time of making an application or a request, or on giv‐
ing notice or filing information or a document, in respect of which a fee is pay‐
able, unless an arrangement acceptable to the Commissioner has been made for
payment at another time.
Compare: LI 2014/275 r 6
9 Form of payment of fees
Fees must be paid by electronic means.
Compare: LI 2014/275 r 7
Renewal fees
10 When renewal fees become due
A renewal fee becomes due on each anniversary date,—
(a) in the case of a plant variety that is a woody plant or its root stock, or a
potato, until the 24th anniversary date that occurs on or after the date on
which the PVR is granted:
(b) in the case of any other variety, until the 19th anniversary date that
occurs on or after the date on which the PVR is granted.
Compare: LI 2014/275 r 82022/346 Plant Variety Rights Regulations 2022 Part 1 r 10
911 Period within which renewal fees must be paid
(1) The holder of a PVR must pay the renewal fee specified in Schedule 3 in
accordance with subclause (2).
(2) The prescribed period under section 92(1) of the Act within which a renewal
fee must be paid is each period of 3 months ending with the close of the anni‐
versary date.
Compare: LI 2014/275 r 10
12 Certificate of payment of renewal fees
After receipt of a renewal fee, the Commissioner must issue a certificate to the
PVR holder that specifies—
(a) details of the PVR; and
(b) the date on which the fee was paid; and
(c) the amount of the fee; and
(d) the period in respect of which the fee was paid.
Compare: LI 2014/275 r 11
Subpart 3—Forms and documents
Use of case management facility
13 Certain information or documents must be given electronically through
case management facility
(1) Any information or document that the Act or these regulations requires to be
given to or by the Commissioner in the prescribed manner must be given elec‐
tronically—
(a) through the case management facility; and
(b) in a file format of a type approved by the Commissioner.
(2) Anything that is given using the case management facility must be treated as
having been received—
(a) by the Commissioner, at the time when the information or document
becomes accessible to the Commissioner through the case management
facility; or
(b) by a person other than the Commissioner, at the time when the Commis‐
sioner notifies the person at the person’s communication address that the
information or document is accessible to the person through the case
management facility.
(3) Only the Commissioner may use the case management facility to give informa‐
tion or a document to a person other than the Commissioner.
Compare: LI 2014/275 r 12Part 1 r 11 Plant Variety Rights Regulations 2022 2022/346
1014 Case management facility is prescribed electronic delivery method for
certain purposes
The case management facility is—
(a) the prescribed electronic delivery method for the purpose of section
152(2) and (3)(a) of the Act; and
(b) the prescribed manner in which matters described in section 156(1)(c)(ii)
and (iii) of the Act (for example, PVR applications) are to be dealt or
proceeded with, including the manner in which communications with the
Commissioner are to be conducted (to the extent provided by the case
management facility); but
(c) not a prescribed electronic delivery method for the purpose of section
153(1)(c) of the Act.
Compare: LI 2014/275 r 13
15 Information that must be given when case management facility first used
The following information must be given to the Commissioner, to the extent
that the case management facility requires, when any information or document
is first given to the Commissioner in respect of a matter through the case man‐
agement facility:
(a) the full name of the person giving the information or document or on
whose behalf the information or document is given (for example, the
applicant or the opponent) (the person ); and
(b) the person’s address for service, if required by regulation 24; and
(c) the person’s communication address; and
(d) the name of the person’s agent, if an agent is acting, or will act, for the
person.
Compare: LI 2014/275 r 14
16 Number of PVR application or PVR must be given when any information
or documents filed under Act or regulations
Any information or document given to the Commissioner under the Act or
these regulations must contain, or be filed with, the number of the PVR appli‐
cation or PVR (if any) that is the subject of the application, request, assertion,
opposition, or other matter in respect of which the information or document is
given.
Compare: LI 2014/275 r 15
17 Information or documents may be given by alternative delivery method
(1) Despite regulation 13, the Commissioner may allow information or documents
to be given to the Commissioner by an alternative delivery method listed in
subclause (2) if the Commissioner is satisfied that a person is unable to access2022/346 Plant Variety Rights Regulations 2022 Part 1 r 17
11the case management facility because of any exceptional circumstances beyond
the person’s control.
(2) Alternative delivery method  means delivery by 1 or more of the following
methods:
(a) in person:
(b) post:
(c) courier:
(d) electronic mail.
(3) The same rules that apply in respect of service of notices under section 153 of
the Act apply to the giving of information and documents by post or electronic
mail.
Compare: LI 2014/275 r 16
18 Electronic documents
To avoid doubt, any requirement in these regulations that a document must be
in writing is satisfied if the document complies with section 222 of the Con‐
tract and Commercial Law Act 2017.
Compare: LI 2014/275 r 17
Filing
19 Number of copies
(1) The Commissioner may require an additional copy, or additional copies, of any
information or document that is filed.
(2) The requirement in subclause (1) may include a requirement for 1 or more
documents that are filed electronically to be provided on paper or in a different
format.
Compare: LI 2014/275 r 18
20 Document filed when received in proper form
(1) A document is filed when it is received in proper form.
(2) A document is in proper form  only if—
(a) it is legible; and
(b) it is accompanied by the prescribed fee, if any.
Compare: LI 2014/275 r 19
21 Filing date of document if not received on working day
If a document is received on a day that is not a working day, the document is
treated as having been filed on the next working day.
Compare: LI 2014/275 r 20Part 1 r 18 Plant Variety Rights Regulations 2022 2022/346
12Requirements for documents
22 Documents must be in English or Māori
(1) All documents filed must be in English or Māori.
(2) However, a person may, if it is necessary to do so, file a document that is not in
English or Māori if the document is accompanied by a verified translation.
Compare: LI 2014/275 r 21
23 Signatures
(1) In the following cases, a document must be signed for the purposes of these
regulations as follows:
(a) in the case of a partnership, the document must—
(i) contain the full names of all partners, unless a list of the current
partners has been filed; and
(ii) be signed by a qualified partner or another person who has, to the
Commissioner’s satisfaction, authority to sign:
(b) in the case of a body corporate, the document must be signed by a
director or senior manager who has, to the Commissioner’s satisfaction,
authority to sign:
(c) in the case of an unincorporated association, the document may be
signed by a person who appears to the Commissioner to be duly quali‐
fied.
(2) To avoid doubt, a document may be signed in accordance with section 226 of
the Contract and Commercial Law Act 2017.
Compare: LI 2014/275 r 22
Subpart 4—Addresses
24 Address for service must be given
(1) The following persons must give the Commissioner an address for service at
the time when the person first gives any information or document to the Com‐
missioner in respect of a matter:
(a) an applicant:
(b) a PVR holder:
(c) an agent:
(d) any party to a proceeding or any person intending to be a party to a
potential proceeding.
(2) For the purpose of any communication with the Commissioner in the name of 2
or more persons with different addresses, the Commissioner may require 1
address for service to be given.
Compare: LI 2014/275 r 342022/346 Plant Variety Rights Regulations 2022 Part 1 r 24
1325 Communication address must be given
(1) A person must give the Commissioner notice of a communication address at
the time when the person first gives any information or document to the Com‐
missioner in respect of a matter.
(2) For the purpose of any communication with the Commissioner in the name of 2
or more persons with different addresses, the Commissioner may require 1
communication address to be given.
Compare: LI 2014/275 r 35
26 Change of address notice must be given
(1) A person who gives the Commissioner an address for service or a communica‐
tion address must, if the address changes, give the Commissioner a notice of
change of address as soon as practicable after the change occurs.
(2) If the address of an agent changes, the agent must give the Commissioner a
notice of change of address as soon as practicable after the change occurs.
Compare: LI 2014/275 r 36
27 Sufficiency of address
An address that is given to the Commissioner under these regulations must be
sufficiently detailed to enable the Commissioner to contact the addressee at that
address.
Compare: LI 2014/275 r 37
Subpart 5—Agents
28 Agent may act on behalf of principal for purposes of regulations
(1) Subject to the scope of an agent’s authority, the agent may act for the agent’s
principal ( X) in any proceeding in accordance with these regulations or take
any step (including the signing of documents) on X’s behalf under these regula‐
tions.
(2) However, the Commissioner may in any case require that a document that must
be signed for the purposes of these regulations be signed by the principal and
not by the agent.
Compare: LI 2014/275 r 38
29 Commissioner may give notices to agent
(1) The Commissioner satisfies any requirement under these regulations to give
documents or notice to, or correspond with, a person by giving documents or
notice to, or corresponding with, that person’s agent.
(2) Subclause (1) does not apply to the extent that any written authority that is filed
by the agent’s principal expressly excludes the authority of the agent for any of
the matters specified in subclause (1).
Compare: LI 2014/275 r 39Part 1 r 25 Plant Variety Rights Regulations 2022 2022/346
1430 Commissioner may require principal of agent to file authority with
Commissioner in certain cases
(1) This regulation applies if—
(a) the Commissioner receives a communication from a person who refers
to himself or herself in the communication as an agent ( A) of a principal
(X) and, at the time of the communication, the Commissioner does not
have an authority in respect of A that complies with the requirements in
subclause (3); or
(b) the Commissioner has an authority in respect of an agent that complies
with the requirements in subclause (3) and the Commissioner receives a
communication informing the Commissioner that the principal ( X) has
appointed a new agent ( A).
(2) The Commissioner may require X to file, within the specified time, a written
authority in respect of A.
(3) The written authority must—
(a) be signed by X and not by an agent; and
(b) contain the following information:
(i) A’s name and address for service; and
(ii) if A is authorised to act in respect of a particular PVR or PVR
application, the number of the PVR or PVR application; and
(iii) a statement of any limitation on the authority of A to act on X’s
behalf.
(4) In subclause (2),—
(a) specified time  means the time that the Commissioner specifies in the
requirement made under subclause (2); and
(b) the specified time must be not less than 1 month after the date on which
the Commissioner receives the communication referred to in subclause
(1).
Compare: LI 2014/275 r 40
31 Refusal to recognise person as agent
(1) The Commissioner must refuse to recognise as an agent in respect of any pro‐
ceedings a person who neither resides nor carries on business in New Zealand
or Australia.
(2) The Commissioner may refuse to recognise as an agent a person—
(a) who is suspended from practice by the Intellectual Property Office of
New Zealand; or
(b) whose registration as a patent attorney is suspended or cancelled for the
purposes of Part 6 of the Patents Act 2013; or2022/346 Plant Variety Rights Regulations 2022 Part 1 r 31
15(c) whose name has been removed from or struck off the roll of barristers
and solicitors under the Lawyers and Conveyancers Act 2006  and has
not been restored to the roll; or
(d) who is suspended from practice as a barrister or solicitor; or
(e) who has been convicted of an offence specified in Part 10 (except sec‐
tions 267 and 268 ) of the Crimes Act 1961  or who has been convicted of
an equivalent offence in another country.
Compare: LI 2003/187 r 23; LI 2014/275 r 41
32 Commissioner must notify refusal to recognise person as agent
If the Commissioner refuses to recognise a person as an agent, the Commis‐
sioner must, as soon as practicable, notify that person and that person’s princi‐
pal.
Compare: LI 2003/187 r 24; LI 2014/275 r 42
33 Notice to Commissioner of revocation or alteration of authority
(1) A principal ( X) must, as soon as practicable, give written notice to the Com‐
missioner of the revocation or alteration of the authority of X’s agent ( A).
(2) The notice must—
(a) be signed by X, and not by an agent; and
(b) contain the information set out in subclause (3).
(3) The notice must contain the following information:
(a) X’s name and address for service:
(b) A’s name:
(c) if A is authorised to act in respect of a particular PVR or PVR applica‐
tion, the number of the PVR or PVR application:
(d) if A’s authority is revoked, a statement to that effect:
(e) if A’s authority is altered, a statement setting out—
(i) the alteration in authority; and
(ii) the matters for which A continues to have authority.
(4) Notice to the Commissioner of the revocation or alteration of the authority of
an agent is effective—
(a) if it complies with this regulation; and
(b) when it is received by the Commissioner.
Compare: LI 2014/275 r 43
34 Agent may give notice of revocation or alteration of authority
(1) An agent ( A) of a principal ( X) may give written notice to the Commissioner of
the alteration or revocation of A’s authority as X’s agent.Part 1 r 32 Plant Variety Rights Regulations 2022 2022/346
16(2) The notice must be signed by A and contain the information described in sub‐
clause (3).
(3) The notice must contain the following information:
(a) X’s name and address for service:
(b) A’s name:
(c) if A is authorised to act in respect of a particular PVR or PVR applica‐
tion, the number of the PVR or PVR application:
(d) if A’s authority is revoked, a statement to that effect:
(e) if A’s authority is altered, a statement setting out—
(i) the alteration in authority; and
(ii) the matters for which A continues to have authority.
(4) Notice to the Commissioner of the alteration or revocation of the agent’s
authority is effective—
(a) if it complies with this regulation; and
(b) when it is received by the Commissioner.
Compare: LI 2014/275 r 44
Part 2
Process for obtaining grant of plant variety rights and other matters
Subpart 1—PVR applications
PVR applications
35 Application for PVR
(1) The prescribed manner for making a PVR application is as follows:
(a) the application must be made in accordance with Part 1; and
(b) the application must contain, or be accompanied by, the following infor‐
mation:
(i) the information set out in section 38(2) of the Act:
(ii) the name and address of each applicant:
(iii) the name and address of the original breeder (if not the applicant):
(iv) if the applicant is not the original breeder, evidence (if the Com‐
missioner requests) that the applicant is authorised to make the
PVR application.
(2) If the name or address of an applicant changes from that notified, the applicant
must give the Commissioner a notice of the change as soon as practicable after
the change occurs.
Compare: LI 2014/275 r 502022/346 Plant Variety Rights Regulations 2022 Part 2 r 35
1736 Colour photographs to be supplied with certain applications
(1) This regulation applies to every plant variety that is fruit, an ornamental var‐
iety, or a vegetable (including a potato).
(2) A PVR application for a plant variety to which this regulation applies must be
accompanied by—
(a) a satisfactory photograph of all or part of a typical plant of the variety
showing the variety’s distinguishing features; or
(b) 2 or more satisfactory photographs (each being a photograph of all or
part of a typical plant of the variety) that together show the variety’s dis‐
tinguishing features.
(3) A photograph is satisfactory  if—
(a) it is a photograph based on plants propagated from the original plant or
plant part; and
(b) it is clear enough and large enough to enable the subject matter to be
easily identified.
Compare: SR 1988/101 r 5A
37 Quantities of propagating material to be provided with applications
(1) A PVR application for a variety of a kind of plant described in the first column
of Schedule 4 must be accompanied by the quantity of propagating material
specified (opposite the description) in the second column of Schedule 4 ,
together with the quantity, if any, of seed ears specified (opposite the descrip‐
tion) in the third column of Schedule 4 (which, in accordance with section
38(2)(c)  of the Act, must be sent to the Commissioner or a person nominated
by the Commissioner).
(2) The standard of purity and germination of the propagating material must be
acceptable to the Commissioner.
38 Prescribed dates for filing proposed denominations
(1) For the purpose of section 38(3) of the Act, the prescribed date for filing the
proposed denomination for the plant variety with the Commissioner is 12
months after the date of the application unless the Commissioner grants an
extension of time in accordance with subclause (2).
(2) An applicant for a PVR may, before the expiry of the 12-month period referred
to in subclause (1), request the Commissioner to extend that period by a speci‐
fied period not exceeding 3 months, and the Commissioner may grant that
request if the Commissioner considers it reasonable to do so in the circum‐
stances.
39 Prescribed time for filing 1 or more alternative denominations
(1) For the purpose of section 53(1) of the Act, the prescribed time for filing 1 or
more alternative denominations for the plant variety is 3 months from the datePart 2 r 36 Plant Variety Rights Regulations 2022 2022/346
18of receiving notice from the Commissioner under section 53(1) of the Act
unless the Commissioner grants an extension of time in accordance with sub‐
clause (2).
(2) An applicant for a PVR may, before the expiry of the 3-month period referred
to in subclause (1), request the Commissioner to extend that period for a speci‐
fied period not exceeding 1 month, and the Commissioner may grant that
request if the Commissioner considers it reasonable to do so in the circum‐
stances.
40 Variation of PVR application to alter denomination
A variation notice under section 40(1) of the Act seeking to alter the denomin‐
ation sought for a plant variety must—
(a) contain a request to change the denomination; and
(b) include the denomination to be altered; and
(c) include the proposed replacement denomination; and
(d) include a summary of the reasons why the applicant is proposing a new
denomination.
41 Prescribed times for applicant to supply propagating material or further
information required by Commissioner
(1) The prescribed time for an applicant for a PVR to comply with a request by the
Commissioner under section 48(1) of the Act for propagating material is the
time set by the Commissioner within the period beginning 1 month after the
date of the Commissioner’s request and ending on the day that is 2 years after
the date of the request, unless the Commissioner extends that period under sub‐
clause (3).
(2) The prescribed time for an applicant for a PVR to comply with a request for
information under section 48(2) of the Act is the time set by the Commissioner
within the period beginning 1 month after the date of the Commissioner’s
request and ending on the day that is 1 year after the date of the request, unless
the Commissioner extends that period under subclause (3).
(3) An applicant for a PVR may, before the expiry of the period referred to in sub‐
clause (1) or subclause (2), as the case requires, request the Commissioner to
extend that period, and if the Commissioner considers it reasonable in the cir‐
cumstances to do so the Commissioner may,—
(a) in the case of a request relating to the period in subclause (1), extend the
period on 1 or more occasions for a further period not exceeding 2 years
for each extension:
(b) in the case of a request relating to the period in subclause (2), extend the
period for a further period not exceeding 1 year.2022/346 Plant Variety Rights Regulations 2022 Part 2 r 41
1942 Prescribed requirements under section 49(5) of Act
The prescribed requirements under section 49(5) of the Act for a growing trial
are that the Commissioner may impose conditions to be complied with by the
person or persons conducting the growing trial relating to 1 or more of the fol‐
lowing:
(a) the location and timing of the growing trial:
(b) the trial design:
(c) the varieties to be included in the growing trial:
(d) how the growing trial will be overseen and by whom:
(e) any other conditions necessary to ensure that the growing trial is under‐
taken in a manner that is satisfactory to the Commissioner.
43 Reliance on report produced under section 49(2)(d) of Act
(1) This regulation applies if the Commissioner decides that a growing trial is to be
undertaken under section 49(2)(d) of the Act by or on behalf of an authority of
another State.
(2) If more than 1 report is produced in relation to the growing trial, the Commis‐
sioner may decide, as the Commissioner thinks fit, which report will be used
for the purposes of assessing the application.
44 Prescribed times for payment of growing trial and examination fees
(1) The prescribed time for paying fees due under section 50(1) or (2)  of the Act is
2 months after the Commissioner has requested payment under section 50(3) ,
unless that period is extended under subclause (2).
(2) An applicant for a PVR may, before the expiry of the period referred to in sub‐
clause (1), request the Commissioner to extend the period for payment of the
fee, and the Commissioner may extend the period to a specified date, if the
Commissioner is satisfied that there are exceptional circumstances that justify
the extension.
Compare: LI 2014/275 r 93
45 Matters that must be included in notice of opposition
(1) The prescribed manner in which a person may oppose the grant of a PVR under
section 51(1) of the Act is by filing a notice of opposition that—
(a) must include the ground or grounds on which the grant of the PVR is
opposed; and
(b) must be accompanied by a statement of case that sets out the facts on
which the opponent relies and the relief sought.
(2) The Commissioner must give the applicant a copy of the notice of opposition
and statement of case.
Compare: LI 2014/275 r 92Part 2 r 42 Plant Variety Rights Regulations 2022 2022/346
2046 Prescribed period within which notice of opposition to proposed
denomination may be filed
(1) The prescribed period for filing a notice of opposition under section 51(2)(b)(i)
of the Act is within 3 months after the date of the publication of the denomin‐
ation in the journal, unless that period is extended under subclause (2).
(2) A person wishing to oppose the proposed denomination may, before the end of
the 3-month period referred to in subclause (1), request the Commissioner to
extend that period by a specified period not exceeding 1 month, and the Com‐
missioner may grant that request if the Commissioner considers it reasonable to
do so in the circumstances.
(3) The Commissioner must not extend the period for filing a notice of opposition
if the request for extension is received after the period for filing the notice has
expired.
Compare: LI 2014/275 r 93
47 Counter-statement to notice of opposition
(1) An applicant for a PVR must file a counter-statement within 2 months after
receiving a copy of the notice of opposition and of the statement of case filed
under section 51(1) of the Act.
(2) The counter-statement must set out the grounds on which the opposition is con‐
tested.
(3) If the applicant does not file a counter-statement within the prescribed period,
the PVR application must be treated as having been abandoned.
(4) The opponent may, within 4 months after receiving the copy of the counter-
statement, file evidence in support of their case.
(5) The applicant may file evidence in support of the applicant’s case within 4
months after receiving the copy of the opponent’s evidence or, if the opponent
does not file any evidence, within 4 months after the expiry of the period
within which the opponent’s evidence might have been filed.
(6) The opponent may, within 3 months after receiving the copy of the applicant’s
evidence, file evidence confined to matters strictly in reply.
Compare: LI 2014/275 r 94
48 Prescribed times for supply by applicant or PVR holder of propagating
material or further information required by Commissioner
(1) The prescribed time for a PVR holder to comply with a request by the Com‐
missioner under section 75(1) of the Act for information is the time set by the
Commissioner within the period beginning 1 month after the date of the Com‐
missioner’s request and ending on the day that is 1 year after the date of the
request, unless the Commissioner extends that period under subclause (3).
(2) The prescribed time for an applicant for a PVR or a PVR holder to comply
with a request for propagating material under section 75(2) of the Act is the2022/346 Plant Variety Rights Regulations 2022 Part 2 r 48
21time set by the Commissioner within the period beginning 1 month after the
date of the Commissioner’s request and ending on the day that is 2 years after
the date of the request, unless the Commissioner extends that period under sub‐
clause (3).
(3) The applicant or PVR holder may, before the expiry of the period referred to in
subclause (1) or subclause (2), as the case requires, request the Commissioner
to extend the period and, if the Commissioner considers it reasonable in the cir‐
cumstances to do so, the Commissioner may,—
(a) in the case of a request relating to the period in subclause (1), extend the
period on 1 occasion for a period not exceeding 1 year:
(b) in the case of a request relating to the period in subclause (2), extend the
period on 1 or more occasions for a further period not exceeding 2 years
on each extension.
49 Request for direction under section 76 of Act
(1) A request for a direction under section 76(2) of the Act must include—
(a) the full name and address of the person or persons in whose name or
names the application is requested to proceed; and
(b) the nationality or principal place of business of the person or persons in
whose name or names the application is requested to proceed; and
(c) a statement establishing how the person or persons are entitled to the
PVR, an interest in the PVR, or an undivided share in the PVR or in an
interest in the PVR; and
(d) either—
(i) a copy of the assignment or agreement that entitles the person or
persons referred to in paragraph (a) to the PVR, an interest in the
PVR, or an undivided share in the PVR or in an interest in the
PVR; or
(ii) both—
(A) a statement setting out the particulars of any document that
establishes the person’s or persons’ entitlement by oper‐
ation of law to the PVR, an interest in the PVR, or an
undivided interest in the PVR or in an interest in the PVR,
including the document’s date, the parties to the document,
and how the entitlement is substantiated; and
(B) a copy of each document referred to in that statement.
(2) The Commissioner may also require the person or persons who make the
request to produce the original copy of the assignment, agreement, or other
document and any other evidence.Part 2 r 49 Plant Variety Rights Regulations 2022 2022/346
22Subpart 2—Transmission of PVRs or interests in PVRs
Registration of assignments and other interests in PVRs
50 Application under section 78 of Act
(1) An application under section 78  of the Act must specify whether it is made
under section 78(1) or (2) of the Act and must include—
(a) a statement specifying whether the PVR, share, or interest was acquired,
disposed of, or conferred by assignment, transmission, operation of law,
mortgage, or other means; and
(b) if the application is to register an interest, the nature of the interest; and
(c) a statement setting out the particulars of the document that establishes
the entitlement to the PVR, share, or interest, the document’s date, the
parties to the document, and how the entitlement is substantiated; and
(d) a copy of the document that establishes the entitlement.
(2) The Commissioner may require that the original document referred to in an
application be produced to the Commissioner.
(3) If an original document required by the Commissioner under subclause (2) is
not in electronic form, regulation 13 does not apply to the production of that
document.
Vesting of PVRs or PVR applications without probate or letters of
administration
51 Application to vest PVR or PVR application for probate or letters of
administration
(1) An application under section 80 of the Act to register or substitute a person ( B)
as a PVR holder or PVR applicant without requiring probate or letters of
administration must include—
(a) the full name and address of B; and
(b) the nationality or principal place of business of B; and
(c) the full name of the deceased person ( A) and identify whether A was the
PVR applicant or PVR holder; and
(d) a statement as to the circumstances and grounds on which the applica‐
tion is made.
(2) The statement required by subclause (1)(d) must identify—
(a) whether A was intestate when A died; and
(b) the date on which A died; and
(c) the place where A died; and
(d) the country where A was domiciled when A died; and2022/346 Plant Variety Rights Regulations 2022 Part 2 r 51
23(e) how B is entitled to obtain probate or letters of administration or is the
personal representative of A; and
(f) how the interests of the creditors of A, and of all persons beneficially
interested under A’s will or on A’s intestacy, will be adequately safeguar‐
ded if the action applied for is taken.
(3) The Commissioner may require further evidence to be filed in support of the
application.
Subpart 3—Cancellation and nullification of PVRs
Cancellation and nullification of PVRs
52 Application to Commissioner for cancellation or nullification of PVR
(1) The manner in which a person may apply under section 86 of the Act to the
Commissioner for the cancellation or nullification of a PVR granted under the
Act is that the application—
(a) must include the ground or grounds in section 82 of the Act on which the
application is made; and
(b) must include a statement confirming that there are no relevant proceed‐
ings before the court; and
(c) must be accompanied by a statement of case setting out the facts upon
which the applicant relies and the relief sought.
(2) The Commissioner must give the PVR holder a copy of the application and of
the statement of case.
53 Counter-statement to application and evidence for cancellation or
nullification of PVR
(1) The PVR holder must file a counter-statement to an application for cancellation
or nullification of a PVR within 2 months after receiving a copy of the applica‐
tion and of the statement of case, setting out the grounds on which the applica‐
tion for cancellation or nullification is contested.
(2) The Commissioner may extend the time limit for filing a counter-statement by
up to 2 months if—
(a) the PVR holder files an extension request no later than 2 months after
the date on which the counter-statement is required to be filed; and
(b) the Commissioner is satisfied that there are exceptional circumstances
that justify the extension.
(3) A time limit may be extended under subclause (2) only once.
(4) The person who applied for cancellation or nullification (the applicant ) may,
within 4 months after receiving the copy of the counter-statement, file evidence
in support of the applicant’s case.Part 2 r 52 Plant Variety Rights Regulations 2022 2022/346
24(5) The PVR holder may file evidence in support of the holder’s case within 4
months after receiving the copy of the applicant’s evidence or, if the applicant
does not file any evidence, within 4 months after the expiry of the time within
which the applicant’s evidence might have been filed.
(6) The applicant may, within 3 months after receiving the copy of the PVR hold‐
er’s evidence, file evidence confined to matters strictly in reply.
54 Procedure if no counter-statement to application for cancellation or
nullification is filed
(1) This regulation applies if the PVR holder fails to file a counter-statement to an
application for cancellation or nullification within the period during which the
counter-statement is required to be filed.
(2) The applicant may file evidence in support of the applicant’s case within 4
months after the time within which the PVR holder is required to file the coun‐
ter-statement.
(3) The Commissioner may determine the application for cancellation or nullifica‐
tion of the PVR after considering the application and any evidence filed in sup‐
port of the application.
Subpart 4—Surrender of PVRs
Surrender of PVRs
55 Notice of offer to surrender PVR
(1) A notice of an offer by a PVR holder under section 91 of the Act to surrender a
PVR must include—
(a) the reasons for making the offer; and
(b) full particulars of every relevant proceeding before the court.
(2) In regulation 56, opponent  means the person who gives to the Commissioner a
notice of opposition to the surrender under section 91 of the Act.
56 Opposition to surrender of PVR
(1) The period prescribed for the purpose of section 91(3) of the Act for giving to
the Commissioner a notice of opposition to the surrender of a PVR is 2 months
after the publication in the journal of the offer to surrender the PVR.
(2) The notice of opposition—
(a) must include the opponent’s reasons for opposing the surrender of the
PVR; and
(b) must be accompanied by a statement of case setting out the opponent’s
interest in the surrender, the facts upon which the opponent relies, and
the relief sought.2022/346 Plant Variety Rights Regulations 2022 Part 2 r 56
25(3) The Commissioner must give a copy of the notice of opposition and of the
statement of case to the PVR holder.
57 PVR holder must file counter-statement
(1) The PVR holder must file a counter-statement within 2 months after receiving
a copy of the notice of opposition and of the statement of case under regulation
56.
(2) The counter-statement must set out the grounds on which the opposition is con‐
tested.
(3) If the PVR holder does not file a counter-statement within the 2-month period
under subclause (1), the PVR holder must be treated as having abandoned the
holder’s offer to surrender the PVR.
Compare: LI 2014/275 r 108
58 Filing of evidence
(1) The opponent may, within 2 months after receiving the copy of the counter-
statement under regulation 57, file evidence in support of the opponent’s case.
(2) The PVR holder may file evidence in support of the holder’s case within 2
months after receiving the copy of the opponent’s evidence or, if the opponent
does not file any evidence, within 2 months after the expiry of the time within
which the opponent’s evidence might have been filed under subclause (1).
(3) The opponent may, within 1 month after receiving the copy of the PVR hold‐
er’s evidence, file further evidence, but only if the further evidence is confined
to matters strictly in reply.
Compare: LI 2014/275 r 109
Subpart 5—Restoration of lapsed applications and cancelled PVRs
Restoration of lapsed PVR applications
59 Application for restoration of lapsed PVR applications
(1) An application under section 93 of the Act for an order to restore a lapsed PVR
application must include evidence in support of the application.
(2) The applicant may file further evidence in support of the application within 3
months after the request is made.
(3) If the Commissioner requires the applicant to file further evidence under sec‐
tion 98(3) of the Act, the applicant must file that evidence within 3 months
after the date on which the application for restoration is made.
Compare: LI 2014/275 r 116
60 When application for restoration of lapsed PVR application may be made
(1) The specified period for the purpose of section 94(1)(a)(ii) of the Act within
which an application under section 93 of the Act may be made is,—Part 2 r 57 Plant Variety Rights Regulations 2022 2022/346
26(a) in the case of a PVR application that lapsed under section 48(5)(a) of the
Act, 12 months after the date on which the application lapsed; and
(b) in the case of a PVR application that lapsed under section 50(5)(a) of the
Act, 12 months after the date on which the growing trial fee or examin‐
ation fee under section 50 was due.
(2) If the application under section 93 of the Act is made after the period referred
to in subclause (1)(a) or (b), as the case requires, the application must be
accompanied by—
(a) the information referred to in section 94(1)(b)(i) and (ii) of the Act; and
(b) the evidence in support of the extension of time.
(3) The applicant may file further evidence in support of an extension of time
under section 94(2) of the Act at any time within 3 months after making the
application under section 93 of the Act.
(4) The Commissioner may extend the period prescribed by subclause (3) by up to
1 month, on request by the applicant made before the end of that prescribed
period.
Compare: LI 2014/275 r 117
61 Opposition to restoration of PVR application
(1) The period prescribed for the purpose of section 97(2)(b) of the Act for giving
notice to the Commissioner of opposition to the making of an order under sec‐
tion 99 of the Act is 2 months after the date on which the Commissioner pub‐
licly notifies the application under section 96(2) of the Act.
(2) The notice of opposition—
(a) must identify the ground or grounds in section 97(1)  of the Act that
apply; and
(b) must be accompanied by a statement of case setting out the facts upon
which the opponent relies.
(3) The Commissioner must give a copy of the notice of opposition and statement
of case to the applicant.
(4) In this regulation and regulation 63, opponent  means the person who has given
notice to the Commissioner of opposition to the making of an order under sec‐
tion 99(1)(a) of the Act.
Compare: LI 2014/275 r 118
62 Applicant must file counter-statement
(1) The applicant must file a counter-statement with the Commissioner within 2
months after receiving a copy of the notice of opposition and of the statement
of case under regulation 61.
(2) The counter-statement must set out the grounds on which the opposition is con‐
tested.2022/346 Plant Variety Rights Regulations 2022 Part 2 r 62
27(3) If the applicant does not file a counter-statement within the 2-month period
under subclause (1), the applicant must be treated as having abandoned the
applicant’s request for restoration.
Compare: LI 2014/275 r 119
63 Filing of evidence
(1) The opponent may, within 2 months after receiving the copy of the counter-
statement under regulation 62, file evidence in support of the opponent’s case.
(2) The applicant may file evidence in support of the applicant’s case within 2
months after receiving the copy of the opponent’s evidence or, if the opponent
does not file any evidence, within 2 months after the expiry of the time within
which the opponent’s evidence might have been filed under subclause (1).
(3) The opponent may, within 1 month after receiving the copy of the applicant’s
evidence, file further evidence, but only if the further evidence is confined to
matters strictly in reply.
Compare: LI 2014/275 r 120
64 Protection of persons who use plant variety if Commissioner restores
lapsed PVR application
(1) Every order under section 99(1)(a) of the Act is subject to the conditions pre‐
scribed in this regulation.
(2) No action or other proceeding may be commenced or prosecuted, nor any dam‐
ages or account of profits recovered, in respect of exploitation of a plant variety
that is the subject of a lapsed PVR application and that a person referred to in
section 99(2) of the Act used or took definite steps to use, on the ground that
the person has infringed, or infringes, the PVR.
(3) However, subclause (2) applies only to the extent that the person—
(a) continues to act in a manner that is consistent with, but does not go
beyond, the way in which the person exploited the plant variety; or
(b) continues to act in a manner that is consistent with the definitive steps
that were taken to exploit the plant variety so as to complete those steps;
or
(c) uses the result of the completion of the definitive steps in a manner that
is consistent with, but does not go beyond, what was contemplated by
those steps in order to exploit the plant variety.
(4) To avoid doubt, the protection in subclause (2) applies to activities undertaken
at any time after the PVR application lapses.
Compare: LI 2014/275 r 121Part 2 r 63 Plant Variety Rights Regulations 2022 2022/346
28Restoration of cancelled PVRs
65 Manner in which request to restore cancelled PVR may be made
(1) A request under section 100(2)  of the Act for the restoration of a cancelled
PVR must include the date on which the renewal fee was due and evidence in
support of the request.
(2) The former PVR holder may file further evidence in support of the request
within 3 months after the date on which the request is made.
(3) If the Commissioner requires further evidence under section 102(3)  of the Act,
the former PVR holder must file further evidence in support of the request
within 3 months after the date on which the request for restoration is made.
(4) In this regulation and regulations 66 to 69, former PVR holder  means a per‐
son referred to in section 101 of the Act who makes a request for an order
under section 100(2) of the Act.
Compare: LI 2014/275 r 110
66 When request for restoration of cancelled PVR may be made
(1) For the purpose of section 101(2)(a) of the Act, the specified period within
which a request under section 100(2) of the Act may be made is 1 year after the
date on which the renewal fee becomes due.
(2) If the request under section 100(2) of the Act is made after the period referred
to in subclause (1) expires, the request must be accompanied by—
(a) the information required by section 101(2)(b)(ii) of the Act; and
(b) the evidence in support of an extension of time under section 101(3)  of
the Act.
(3) The former PVR holder may file further evidence in support of an extension
under section 101(3) of the Act at any time within 3 months after making the
request under section 100(2) of the Act.
(4) The Commissioner may extend the period prescribed by subclause (3) by up to
1 month, on request by the former PVR holder made before the end of that pre‐
scribed period.
Compare: LI 2014/275 r 111
67 Opposition to restoration of cancelled PVR
(1) For the purpose of section 104(2)(b) of the Act, the specified period within
which notice of opposition to an order being made under section 100(2) of the
Act may be given to the Commissioner is 2 months after the date on which the
application made in accordance with section 100 of the Act is publicly notified
under section 103(2) of the Act.
(2) The notice of opposition—2022/346 Plant Variety Rights Regulations 2022 Part 2 r 67
29(a) must state why the former PVR holder’s failure to comply with section
92(1) of the Act is believed to have been intentional; and
(b) must be accompanied by a statement of case setting out the facts upon
which the opponent relies.
(3) The Commissioner must give a copy of the notice of opposition and of the
statement of case to the former PVR holder.
(4) In this regulation and regulation 69, opponent  means the person who gives
notice to the Commissioner of opposition to an order being made under section
100(2) of the Act.
Compare: LI 2014/275 r 112
68 Former PVR holder must file counter-statement
(1) The former PVR holder must file a counter-statement within 2 months after
receiving a copy of the notice of opposition and of the statement of case under
regulation 67.
(2) The counter-statement must set out the grounds on which the opposition is con‐
tested.
(3) If the former PVR holder does not file a counter-statement within the 2-month
period under subclause (1), the former PVR holder must be treated as having
abandoned their request for restoration of the PVR.
Compare: LI 2014/275 r 113
69 Filing of evidence
(1) The opponent may file evidence in support of the opponent’s case within 2
months after receiving the copy of the counter-statement under regulation 68.
(2) The former PVR holder may file evidence in support of their case within 2
months after receiving the copy of the opponent’s evidence or, if the opponent
does not file any evidence, within 2 months after the expiry of the time within
which the opponent’s evidence might have been filed under subclause (1).
(3) The opponent may file further evidence within 1 month after receiving the
copy of the former PVR holder’s evidence, but only if the further evidence is
confined to matters strictly in reply.
70 Protection of persons who use plant variety if Commissioner restores
cancelled PVR
(1) Every order under section 100(2)  of the Act is subject to conditions prescribed
in this regulation.
(2) No action or other proceeding may be commenced or prosecuted, nor any dam‐
ages or account of profits recovered, in respect of the use of a plant variety that
is the subject of a cancelled PVR and that a person referred to in section 106(2)
of the Act used, or took definite steps to use, on the ground that the person has
infringed, or infringes, the PVR.Part 2 r 68 Plant Variety Rights Regulations 2022 2022/346
30(3) However, subclause (2) applies only to the extent that the person—
(a) continues to act in a manner that is consistent with, but does not go
beyond, the way in which the person exploited the plant variety; or
(b) continues to act in a manner that is consistent with the definitive steps
that were taken to exploit the plant variety so as to complete those steps;
or
(c) uses the result of the completion of the definitive steps in a manner that
is consistent with, but does not go beyond, what was contemplated by
those steps in order to exploit the plant variety.
(4) To avoid doubt, the protection in subclause (2) applies to activities undertaken
at any time after the PVR ceases to have effect.
Subpart 6—Compulsory licences
Compulsory licences
71 Application for compulsory licence to exercise PVR
(1) An application under section 108(1) of the Act for a compulsory licence
must—
(a) request the grant of a compulsory licence; and
(b) set out the name and address of the applicant; and
(c) set out the information specified in section 111(b)(i) to (iv)  of the Act;
and
(d) set out the reasons why a compulsory licence is sought.
(2) The Commissioner must, as soon as practicable after receiving the application,
send a copy of the application to the holder of the PVR to which the applica‐
tion relates.
72 Procedure following application for compulsory licence
(1) A PVR holder may, within 4 months after receiving from the Commissioner a
copy of the application for a compulsory licence, file a counter-statement with
the Commissioner.
(2) The counter-statement must set out the grounds on which the application for a
compulsory licence is opposed.
(3) If a counter-statement is received, the Commissioner must send a copy of it to
the applicant.
(4) If no counter-statement is received from the PVR holder, the Commissioner
must invite the applicant to file evidence within 4 months of the latest date on
which the counter-statement could have been filed.2022/346 Plant Variety Rights Regulations 2022 Part 2 r 72
3173 Time for applicant to comply with request under section 113(1) of Act
(1) The applicant must comply with a request for further information by the Com‐
missioner under section 113(1) of the Act within 2 months of the date of the
Commissioner’s request unless that period is extended under subclause (2).
(2) The Commissioner may, on 1 occasion, extend the period referred to in sub‐
clause (1) on the application of the applicant made before the expiry of the
period, for a further period of up to 3 months, if the Commissioner is satisfied
that the extension is justified in the circumstances.
74 Filing of evidence
(1) The applicant may, within 4 months after receiving the copy of the counter-
statement under regulation 72, file evidence in support of the applicant’s case.
(2) If the applicant fails to file evidence within 4 months of receiving a counter-
statement under regulation 72 or within 4 months after receiving an invitation
from the Commissioner to file evidence, their application is deemed to have
been abandoned.
(3) The PVR holder may file evidence in support of the holder’s case within 4
months after receiving the copy of the applicant’s evidence or, if the applicant
does not file any evidence, within 4 months after the expiry of the time within
which the applicant’s evidence might have been filed under subclause (1)
unless the time for doing so is extended under subclause (5).
(4) The applicant may, within 3 months after receiving the copy of the PVR hold‐
er’s evidence, file further evidence, but only if the further evidence is confined
to matters strictly in reply, unless the time for doing so is extended under sub‐
clause (5).
(5) The Commissioner may extend any of the periods referred to in subclauses (1)
to (4) on 1 occasion if satisfied that the extension is justified in the circum‐
stances, on the application of the applicant or the PVR holder, as the case
requires, made at any time before expiry of the period.
Subpart 7—Application for amendment or revocation of compulsory
licence
75 Application for amendment or revocation of compulsory licence
(1) An application for the amendment or revocation of a compulsory licence under
section 117 of the Act must set out—
(a) the names and address of the applicant:
(b) their address for service (if different from the address for service already
held by the Commissioner):
(c) sufficient information to enable the Commissioner to identify the com‐
pulsory licence to which the application relates to.Part 2 r 73 Plant Variety Rights Regulations 2022 2022/346
32(2) The Commissioner must, as soon as practicable after receiving the application,
send a copy of the application for amendment or revocation of the compulsory
licence to—
(a) the holder of the compulsory licence, if the PVR holder is the applicant:
(b) the PVR holder, if the holder of the compulsory licence is the applicant:
(c) the PVR holder and the holder of the compulsory licence, if the appli‐
cant is a third party.
What happens if applicant for amendment or revocation is PVR holder
76 What happens if applicant for amendment or revocation is PVR holder
(1) If the applicant is the PVR holder, the holder of the compulsory licence may,
within 4 months of receiving a copy of the application under regulation
75(2)(a), file a counter-statement with the Commissioner.
(2) The counter-statement must set out the grounds on which the application for
amendment or a revocation of the compulsory licence is opposed.
(3) If a counter-statement is received, the Commissioner must send a copy of it to
the applicant.
(4) If no counter-statement is received from the holder of the compulsory licence,
the Commissioner must invite the applicant to file evidence within 4 months of
the latest date on which the counter-statement could have been filed.
77 Filing of evidence
(1) The applicant may, within 4 months after receiving the copy of the counter-
statement under regulation 76, file evidence in support of the applicant’s case.
(2) If the applicant fails to file evidence within 4 months of receiving a counter-
statement under regulation 76 or within 4 months after receiving an invitation
from the Commissioner to file evidence, their application is deemed to have
been abandoned.
(3) The holder of the compulsory licence may file evidence in support of the hold‐
er’s case within 4 months after receiving the copy of the applicant’s evidence
or, if the applicant does not file any evidence, within 4 months after the expiry
of the time within which the applicant’s evidence might have been filed under
subclause (1), unless the time for doing do is extended under subclause (5).
(4) The applicant may, within 3 months after receiving the copy of the PVR hold‐
er’s evidence, file further evidence, but only if the further evidence is confined
to matters strictly in reply, unless the time for doing so is extended under sub‐
clause (5).
(5) The Commissioner may extend any of the periods referred to in subclauses (1)
to (4) on 1 occasion if satisfied that the extension is justified in the circum‐
stances, on the application of the applicant or the compulsory licence holder, as
the case requires, made at any time before expiry of the period.2022/346 Plant Variety Rights Regulations 2022 Part 2 r 77
33What happens if applicant for amendment or revocation is compulsory licensee
78 What happens if applicant is compulsory licensee
(1) If the applicant is the compulsory licensee, a PVR holder may within 4 months
after receiving a copy of the application under regulation 75(2)(b), file a coun‐
ter-statement with the Commissioner.
(2) The counter-statement must set out the grounds on which the application for
the amendment or revocation of the compulsory licence is opposed.
(3) If a counter-statement is received, the Commissioner must send a copy of it to
the applicant.
(4) If no counter-statement is received from the PVR holder, the Commissioner
must invite the applicant to file evidence within 4 months of the latest date on
which the counter-statement could have been filed.
79 Filing of evidence
(1) The applicant may, within 4 months after receiving the copy of the counter-
statement under regulation 78, file evidence in support of the applicant’s case.
(2) If the applicant fails to file evidence within 4 months of receiving a counter-
statement under regulation 78 or within 4 months after receiving an invitation
from the Commissioner to file evidence, their application is deemed to have
been abandoned.
(3) The PVR holder may file evidence in support of the holder’s case within 4
months after receiving the copy of the applicant’s evidence or, if the applicant
does not file any evidence, within 4 months after the expiry of the time within
which the applicant’s evidence might have been filed under subclause (1),
unless the time for doing so is extended under subclause (5).
(4) The applicant may, within 3 months after receiving the copy of the PVR hold‐
er’s evidence, file further evidence, but only if the further evidence is confined
to matters strictly in reply, unless the time for doing so is extended under sub‐
clause (5).
(5) The Commissioner may extend any of the periods referred to in subclauses (1)
to (4) on 1 occasion if satisfied that the extension is justified in the circum‐
stances, on the application of the applicant or the PVR holder, as the case
requires, made at any time before expiry of the period.
What happens if applicant is third party
80 What happens if applicant for amendment or revocation is third party
(1) A PVR holder or the compulsory licensee may, within 4 months after receiving
a copy of the application under regulation 75(2)(c), file a counter-statement
with the Commissioner.Part 2 r 78 Plant Variety Rights Regulations 2022 2022/346
34(2) The counter-statement must set out the grounds on which the application for
the revocation or amendment of the compulsory licence is opposed.
(3) If a counter-statement is received, the Commissioner must send a copy of it to
the applicant.
(4) If no counter-statement is received from either the PVR holder or the compul‐
sory licensee, the Commissioner must invite the applicant to file evidence
within 4 months of the latest date on which the counter-statement could have
been filed.
81 Filing of evidence
(1) The applicant may, within 4 months after receiving the copy of the counter-
statement under regulation 80, file evidence in support of the applicant’s case.
(2) If the applicant fails to file evidence within 4 months of receiving a counter-
statement under regulation 80 or within 4 months after receiving an invitation
from the Commissioner to file evidence, their application is deemed to have
been abandoned.
(3) The PVR holder or holder of the compulsory licence may file evidence in sup‐
port of the holder’s or licensee’s case, as the case requires, within 4 months
after receiving the copy of the applicant’s evidence or, if the applicant does not
file any evidence, within 4 months after the expiry of the time within which the
applicant’s evidence might have been filed under subclause (1), unless the time
for doing so is extended under subclause (5).
(4) The applicant may, within 3 months after receiving the copy of the PVR hold‐
er’s or compulsory licensee’s evidence, file further evidence, but only if the
further evidence is confined to matters strictly in reply, unless the time for
doing so is extended under subclause (5).
(5) The Commissioner may extend any of the periods referred to in subclauses (1)
to (4) on 1 occasion if satisfied that the extension is justified in the circum‐
stances, on the application of the applicant or the PVR holder or the holder of
the compulsory licence, as the case requires, made at any time before expiry of
the period.
Subpart 8—Miscellaneous
PVR register
82 PVR register must contain record of grant of PVR
The Commissioner must ensure that the information required by section 136(1)
of the Act is entered in the PVR register in respect of a PVR in force in New
Zealand as soon as practicable after the date that a PVR is granted or, in the
case of information filed after the grant of a PVR, as soon as practicable after
the information is filed.
Compare: LI 2014/275 r 1282022/346 Plant Variety Rights Regulations 2022 Part 2 r 82
3583 Other PVR information that must be entered in PVR register
The information that must be entered in the PVR register under section
136(1)(h)  of the Act is all documents that are open to public inspection (for
example, see section 47 of the Act).
Compare: LI 2014/275 r 129
84 Payment of renewal fees must be entered in PVR register
The Commissioner must enter, under section 136(1)(h) of the Act, the follow‐
ing information in the PVR register when the Commissioner issues a certificate
of payment under regulation 12:
(a) that a renewal fee has been paid:
(b) the date of payment.
Compare: LI 2014/275 r 130
Searches of PVR register and obtaining PVR information
85 Search of PVR register
(1) The PVR register must be available for access and searching by members of
the public at all times unless subclause (2) applies.
(2) The Commissioner may refuse access to the PVR register or suspend its oper‐
ation, in whole or in part,—
(a) if the Commissioner considers that it is not practicable to provide access
to the PVR register; or
(b) to enable maintenance of the PVR register; or
(c) in response to technical difficulties in the maintenance or operation of
the PVR register; or
(d) to ensure the security or integrity of the PVR register.
Compare: LI 2014/275 r 131
86 Information concerning PVR or PVR application that may be requested
(1) A request under section 138(c)  of the Act for information relating to a PVR or
PVR application may be made as to—
(a) when a PVR application lapsed or was withdrawn:
(b) when a PVR has been granted:
(c) when a renewal fee has been paid:
(d) when a PVR has expired:
(e) when an entry has been made in the PVR register or an application has
been made for the making of the entry:
(f) when any application is made or action taken involving an entry in the
PVR register or publication in the journal.Part 2 r 83 Plant Variety Rights Regulations 2022 2022/346
36(2) A request under subclause (1) may be declined if the information is already
publicly available.
Compare: LI 2014/275 r 132
87 How request for PVR information and certified copies must be made
A request under section 138 of the Act must contain the purpose for which cop‐
ies of documents (if sought) or information is required.
Compare: LI 2014/275 r 133
Changes to PVR register and other official documents
88 Application to correct mistakes in PVR register, etc
(1) An application under section 141 of the Act for a correction of an error or
omission must include—
(a) a statement that—
(i) identifies where the error or omission is thought to have been
made; and
(ii) includes either a description of the error or omission or a copy of
the entry in the PVR register, PVR, PVR application, or other
document (as the case requires) with the error or omission clearly
identified; and
(b) evidence (if any) in support of the application.
(2) The Commissioner may require the applicant to file further evidence in support
of the application.
(3) If the Commissioner requires further evidence under subclause (2), the appli‐
cant must file that evidence within 3 months after the date on which the appli‐
cation is made.
(4) In this regulation and in regulations 89 to 94,—
applicant  means the person who applied for the correction under section
141(2) of the Act
opponent  means the person who gives a notice of opposition under section
141(5) of the Act.
Compare: LI 2014/275 r 136
89 Opposition to proposed correction
(1) The period prescribed for the purpose of section 141(5) of the Act is 2 months
after the date on which the proposed correction is published in the journal.
(2) A notice of opposition under section 141(5) of the Act must include—
(a) sufficient detail to identify the proposed correction that is opposed; and
(b) the grounds on which the proposed correction is opposed.2022/346 Plant Variety Rights Regulations 2022 Part 2 r 89
37(3) The notice of opposition must also be accompanied by a statement of case set‐
ting out the facts relied on in support of the opposition and the relief sought.
(4) The Commissioner must give a copy of the notice of opposition and of the
statement of case to the applicant.
Compare: LI 2014/275 r 137
90 Applicant must file counter-statement
(1) The applicant must file a counter-statement within 2 months after receiving a
copy of the notice of opposition under section 141(5)(a) of the Act and of the
statement of case under regulation 89.
(2) The counter-statement must set out the grounds on which the opposition is con‐
tested.
(3) If the applicant does not file a counter-statement within the 2-month period
under subclause (1), the applicant must be treated as having abandoned the
applicant’s application for correction.
Compare: LI 2014/275 r 138
91 Filing of evidence
(1) The opponent may, within 4 months after receiving the copy of the counter-
statement filed under regulation 90, file evidence in support of the opponent’s
case.
(2) The applicant may file evidence in support of the applicant’s case within 4
months after receiving the copy of the opponent’s evidence or, if the opponent
does not file any evidence, within 4 months after the expiry of the time within
which the opponent’s evidence might have been filed under subclause (1).
(3) The opponent may, within 3 months after receiving the copy of the applicant’s
evidence, file further evidence, but only if the further evidence is confined to
matters strictly in reply.
Compare: LI 2014/275 r 139
92 Opposition to Commissioner-initiated correction
(1) Any person may oppose a correction proposed by the Commissioner on the
Commissioner’s own initiative under section 141 of the Act by filing a notice
within 2 months after the date on which the proposed correction is published in
the journal.
(2) The notice must include—
(a) sufficient detail to identify the proposed correction that is opposed; and
(b) the grounds on which the proposed correction is opposed.
(3) The notice must also be accompanied by a statement of case setting out the
facts relied on in support of the opposition and the relief sought.Part 2 r 90 Plant Variety Rights Regulations 2022 2022/346
38(4) The opponent may, within 4 months after filing the notice, file evidence in sup‐
port of their case.
(5) After considering the notice and any evidence filed, the Commissioner must
notify the opponent of the decision they intend to make.
Compare: LI 2014/275 r 140
93 Notice of application to court to correct PVR register
(1) Any notice given to the Commissioner under section 143(3)  of the Act must
include a copy of the application for correction.
(2) The Commissioner must enter a notice of application under section 143(3) of
the Act in the PVR register as soon as practicable after receiving the notice.
Compare: LI 2014/275 r 141
94 Notice of order of court to correct PVR register
Any notice served on the Commissioner under section 143(5) of the Act must
include—
(a) a copy of the order of the court; and
(b) the date or dates by which the Commissioner or the applicant is required
to take action for correction in respect of the order.
Compare: LI 2014/275 r 142
Journal
95 Matters required to be published in journal
(1) The Commissioner must publish in the journal kept under section 151 of the
Act, in respect of every application,—
(a) the applicant’s name and address:
(b) the date of the application:
(c) the genus or species of the variety:
(d) every denomination that—
(i) has been proposed for the variety; and
(ii) the Commissioner has not immediately indicated that the Com‐
missioner will not approve:
(e) if the application lapses or is withdrawn, the fact that it has lapsed or
been withdrawn.
(2) The Commissioner must publish in the journal, in respect of every grant,—
(a) the name and address for service of the PVR holder:
(b) the genus or species to which the variety belongs:
(c) the denomination the Commissioner has approved for the variety:
(d) the date of the grant.2022/346 Plant Variety Rights Regulations 2022 Part 2 r 95
39(3) The Commissioner must publish in the journal—
(a) the fact that a PVR has expired or has been cancelled or surrendered;
and
(b) the date on which the expiry, or cancellation, or surrender took effect.
Evidence
96 Form of evidence
If these regulations require or permit evidence to be filed, it must be by statu‐
tory declaration or affidavit unless otherwise expressly provided in these regu‐
lations.
Compare: LI 2014/275 r 144
Amendment of documents
97 Amendment of documents
(1) In any proceedings before the Commissioner, the Commissioner may, if they
think fit,—
(a) allow any document filed in the proceedings to be amended if no express
provision is made in the Act or these regulations for the amendment of
the document; and
(b) correct any irregularity in procedure.
(2) Any action taken by the Commissioner under this regulation may be on any
terms that they may direct.
Compare: LI 2014/275 r 145
Miscellaneous
98 Power of Commissioner to waive requirements in exceptional
circumstances
(1) The Commissioner may, in exceptional circumstances, waive a requirement in
Part 1 or any of regulations 36 to 42 and 44 for a person to do anything, on
production of any evidence that the Commissioner thinks fit.
(2) The Commissioner may grant the waiver even if the time has expired for doing
the thing.
(3) A waiver is granted by giving notice to the persons known to the Commis‐
sioner to be affected by the waiver, and may be on any terms that the Commis‐
sioner thinks fit.
Compare: LI 2014/275 r 149
99 Power to waive requirements for PVR applications temporarily
(1) The Commissioner may allow a PVR application to be filed that is not made in
accordance with Part 1 or any of regulations 36 to 42 and 44, but only if thePart 2 r 96 Plant Variety Rights Regulations 2022 2022/346
40applicant takes any action necessary to comply with the relevant provision as
soon as practicable after the application is filed.
(2) If the PVR application is not amended or other action is not taken to comply
with the relevant provision as soon as practicable after the application is filed,
the application must be treated as if it had been abandoned unless the Commis‐
sioner waives compliance under regulation 98.
Compare: LI 2014/275 r 150
100 Maintenance of certain records
The Commissioner must maintain electronic copies of all other information or
documents associated with a PVR application or PVR, including filing dates,
priority dates, and the names of applicants and PVR holders, that are filed
under the Act or these regulations.
Compare: LI 2014/275 r 151
Part 3
Miscellaneous
Subpart 1—Procedural and evidential requirements for proceedings
before Commissioner
Proceedings to which this subpart applies
101 Application of this subpart
This subpart applies to the following proceedings:
(a) a proceeding that is commenced by the filing of any of the following
documents:
(i) a notice of opposition under section 51 of the Act to the grant of a
PVR:
(ii) an application to the Commissioner for the nullification or cancel‐
lation of a PVR under section 69(1) or 86(1) of the Act:
(iii) an offer to surrender a PVR under section 91(1) of the Act:
(iv) a notice of opposition to an offer to surrender a PVR under section
91(3) of the Act:
(v) an application under section 93 of the Act for the restoration of a
lapsed PVR:
(vi) a notice of opposition to the restoration of a lapsed PVR under
section 97 of the Act:
(vii) an application for the restoration of a cancelled PVR under section
100(2) of the Act:2022/346 Plant Variety Rights Regulations 2022 Part 3 r 101
41(viii) a notice of opposition to the restoration of a cancelled PVR under
section 104 of the Act:
(ix) an application for a compulsory licence under section 111 of the
Act:
(x) an application for amendment or revocation of a compulsory
licence under section 117 of the Act:
(b) a hearing under section 124  of the Act before the exercise of the Com‐
missioner’s discretion.
Compare: LI 2014/275 r 152
Documents filed in proceedings
102 Extra information that must be contained in documents filed in
proceedings
(1) A document, including written evidence, or bundle of documents filed in a pro‐
ceeding must contain the following information:
(a) the name and address for service of the person filing the document; and
(b) if that person has an agent, the agent’s name; and
(c) the number of the PVR application or PVR that is the subject of the pro‐
ceeding.
(2) Every document referred to in regulation 101(a), and every statement of case
and counter-statement, that is filed in a proceeding must be signed by the per‐
son giving the information or document or on whose behalf the information or
document is given (for example, the applicant or the opponent).
Compare: LI 2014/275 r 153
Hearing before exercise of Commissioner’ s discretion
103 Hearing before exercise of Commissioner’s discretion
(1) This regulation applies if section 124 of the Act requires the Commissioner to
give a person ( A) a reasonable opportunity to be heard before exercising a dis‐
cretionary power under the Act or these regulations.
(2) The Commissioner must notify A of the decision that the Commissioner propo‐
ses to make, and the reasons for the decision (if not already given), before exer‐
cising the discretionary power.
(3) If A wishes to be heard before the discretionary power is exercised, A must file
a notice within 10 working days after receiving that notification from the Com‐
missioner.
(4) The notice must state the matter in respect of which A seeks a hearing and be
signed by A.
Compare: LI 2014/275 r 154Part 3 r 102 Plant Variety Rights Regulations 2022 2022/346
42Case management
104 Commissioner may require parties to attend case management conference
(1) At any stage in a proceeding, the Commissioner may, for the purpose of secur‐
ing the just, speedy, and inexpensive determination of the proceeding, give a
direction requiring the parties to attend a case management conference to
review the proceeding and the steps that have been or must still be taken.
(2) The Commissioner must give each party notice of the conference at least 10
working days before the conference.
(3) The parties may attend in person or by a telecommunication link that is accept‐
able to the Commissioner.
Compare: LI 2014/275 r 155
105 Commissioner may give directions
(1) At any stage in a proceeding, the Commissioner may give directions that are
consistent with the Act and these regulations requiring a party to do things to
secure the just, speedy, and inexpensive determination of the proceeding within
a time limit specified by the Commissioner.
(2) Without limiting the generality of the directions that may be given, the Com‐
missioner may—
(a) fix the time by which a step in the proceeding must be taken; and
(b) specify the steps that must be taken to prepare the proceeding for a hear‐
ing; and
(c) direct how the hearing of the proceeding is to be conducted; and
(d) require parties to use their best endeavours to agree on how information
or evidence that may be confidential or privileged is to be treated; and
(e) give directions about how information that may be confidential or privil‐
eged is to be treated if the parties have not been able to reach an agree‐
ment within the time limit specified by the Commissioner; and
(f) require parties to file copies of documents; and
(g) require parties to provide other parties to the proceeding with copies of
documents; and
(h) require parties to file better or further particulars; and
(i) require parties to provide other parties to the proceedings with better or
further particulars.
(3) The Commissioner may give the direction on the Commissioner’s own initia‐
tive or on the application of any party to the proceeding.
Compare: LI 2014/275 r 1562022/346 Plant Variety Rights Regulations 2022 Part 3 r 105
43106 Parties must comply with Commissioner’s directions
All parties to a proceeding must comply with a direction given by the Commis‐
sioner under this subpart.
Compare: LI 2014/275 r 157
107 Non-compliance with Commissioner’s directions
(1) If a party ( party A ) fails to comply with a direction given by the Commis‐
sioner under this subpart ( non-compliance ),—
(a) the Commissioner must, as soon as practicable,—
(i) request party A to provide an explanation for party A’s non-com‐
pliance to the Commissioner and to the opposite party within a
time limit specified by the Commissioner; and
(ii) in that request, advise party A of the potential consequences of
non-compliance; and
(b) the opposite party may provide comments on the explanation to the
Commissioner within a time limit specified by the Commissioner; and
(c) after considering the explanation (if any) and comments from the oppos‐
ite party (if any), the Commissioner must—
(i) consider whether party A has a reasonable excuse for party A’s
non-compliance; and
(ii) notify both parties of the decision that the Commissioner intends
to make.
(2) The notification referred to in subclause (1)(c)(ii) must also—
(a) advise the parties that either party may request a hearing concerning the
non-compliance; and
(b) specify a period during which a party may request a hearing concerning
the non-compliance, being a period of not less than 10 working days
after the party receives the notification.
(3) The Commissioner must, as soon as practicable, hold a hearing concerning the
non-compliance if a party requests it, and in that case the Commissioner must
make a decision only after holding a hearing.
(4) If the Commissioner’s decision is that party A has not satisfied the Commis‐
sioner that party A has a reasonable excuse for party A’s non-compliance, the
Commissioner may—
(a) extend the period for party A to comply with the direction; or
(b) modify, or waive compliance with, the direction; or
(c) direct that party A take no further step in the proceeding.Part 3 r 106 Plant Variety Rights Regulations 2022 2022/346
44(5) The Commissioner must notify both parties of the Commissioner’s decision
and any orders made under subclause (4) as soon as practicable.
Compare: LI 2014/275 r 158
Halt in proceedings
108 Commissioner may halt proceeding
(1) The Commissioner may halt a proceeding, if the Commissioner thinks it appro‐
priate, on the application of a party or on the Commissioner’s own initiative.
(2) The Commissioner may halt the proceeding for the period and on the terms that
the Commissioner thinks appropriate, but must not halt the proceeding for
more than 6 months.
(3) The Commissioner may halt the proceeding for further periods, but on each
occasion for no more than 6 months.
(4) The Commissioner may recommence the proceeding at any time while the pro‐
ceeding is halted.
Compare: LI 2014/275 r 159
Consolidation of proceedings
109 Commissioner may consolidate proceedings
The Commissioner may require that 2 or more proceedings be consolidated on
terms that the Commissioner thinks appropriate, or may require them to be
heard at the same time or one after the other, or may require any of them to be
halted until after the determination of any other of them, if the Commissioner is
satisfied that—
(a) a common question of law or fact arises in both or all of them; or
(b) the proceedings relate to—
(i) allegedly identical plant varieties; or
(ii) PVRs with the same, or related, owners; or
(c) for any other reason it is desirable to require consolidation of proceed‐
ings under this regulation.
Compare: LI 2014/275 r 160
Extension of time limits in proceedings
110 Commissioner may extend time limits in proceedings
(1) The Commissioner may extend a time limit prescribed by these regulations for
filing information or a document, or taking a step, in a proceeding—
(a) for a period not exceeding 3 months if the Commissioner is satisfied that
the extension is reasonable in the circumstances; or2022/346 Plant Variety Rights Regulations 2022 Part 3 r 110
45(b) for a period longer than 3 months, as specified by the Commissioner, if
the Commissioner is satisfied that there are genuine and exceptional cir‐
cumstances that justify the extension.
(2) However, subclause (1) does not apply in any of the following circumstances:
(a) if the time limit for filing a counter-statement has already been extended
under regulation 53(2):
(b) in respect of the time limit prescribed for filing a notice of opposition of
a kind referred to in regulation 101(a):
(c) in respect of the time limit prescribed by regulation 103(3) for filing a
request for a hearing under section 124 of the Act before the exercise of
the Commissioner’s discretion:
(d) if the time limit for filing the information or document or taking the step
has already expired before the extension request is filed.
(3) An extension is granted by giving notice to the person filing the information or
document or taking the step and to any other parties to the proceeding, and may
be on any terms that the Commissioner thinks fit.
(4) More than 1 extension may be granted under subclause (1)(a), but only if the
total period of those extensions does not exceed 3 months.
(5) An extension may be granted under subclause (1)(b) even if the period has
already been extended under subclause (1)(a).
Compare: LI 2014/275 r 161
Evidence
111 Evidence restricted to particulars filed
A party to a proceeding may only file evidence in the proceeding that relates to
the particulars filed by that party or any other party to the proceeding.
Compare: LI 2014/275 r 162
Procedural and evidential requirements
112 Supply of documents for use of Commissioner
(1) Copies of information or documents referred to in a proceeding to which this
Part applies, or in any statement or evidence filed in connection with that pro‐
ceeding, must be filed, unless the Commissioner directs otherwise.
(2) If information or a document in a foreign language is referred to, a verified
translation of the information or document must be filed.
Compare: LI 2014/275 r 163Part 3 r 111 Plant Variety Rights Regulations 2022 2022/346
46113 Party filing documents must copy documents to opposite party
(1) A party who files information or a document (including evidence) in a proceed‐
ing to which this Part applies must, as soon as practicable, send copies of the
information or document to the opposite party and to any party intervening.
(2) However, copies of information or a document (including evidence) filed in a
proceeding that include confidential information must be sent to the opposite
party and any party intervening as agreed between the parties or, if agreement
cannot be reached, in the manner directed by the Commissioner.
(3) Despite subclause (2), the parties may agree, or the Commissioner may direct,
that any information or document that is subject to a privilege recognised by
Part 2 of the Evidence Act 2006 may not be sent to the other party.
Compare: LI 2014/275 r 164
114 Evidence out of time
(1) A party to a proceeding must not file evidence after the prescribed time unless
the party has applied to the Commissioner for permission to file it and the
Commissioner allows it.
(2) The Commissioner may allow the evidence to be filed only if—
(a) the Commissioner considers that there are genuine and exceptional cir‐
cumstances that justify filing the evidence; or
(b) the evidence could not have been filed earlier.
(3) In this regulation, prescribed time  means, in relation to a proceeding to which
this regulation applies, the time prescribed in these regulations by which the
evidence or type of evidence must be filed.
Compare: LI 2014/275 r 165
115 Application for permission to file evidence out of time
(1) An application for permission to file evidence out of time must—
(a) be in writing; and
(b) be signed by the party applying for permission; and
(c) contain the information in subclause (2).
(2) The application must contain the following information:
(a) the nature of the evidence and whether it is evidence in chief or evidence
confined to matters strictly in reply; and
(b) an explanation of why the evidence could not have been filed earlier;
and
(c) any other ground or grounds for making the application.
(3) The Commissioner must notify the opposite party of the application, and the
opposite party may make submissions to the Commissioner within the time
specified by the Commissioner.2022/346 Plant Variety Rights Regulations 2022 Part 3 r 115
47(4) The Commissioner must notify the parties of the decision that the Commis‐
sioner intends to make on the application.
(5) That notification must—
(a) specify the ground or grounds on which the Commissioner intends to
reject or accept the application; and
(b) advise the parties that either party may request a hearing; and
(c) specify a period of not less than 1 month after the date of notification for
a party to request a hearing; and
(d) advise the parties that the Commissioner will decide the application at
the end of that period if a party has not requested a hearing.
(6) The Commissioner must, as soon as practicable, hold a hearing if the applicant
requests it, unless regulation 118(3) applies.
Compare: LI 2014/275 r 166
116 Right to file evidence in reply if evidence in chief permitted out of time
If a party is permitted under regulations 114 and 115 to file evidence in chief
out of time, the opposite party may file evidence confined to matters strictly in
reply within 1 month after the date of being notified by the Commissioner that
the evidence out of time will be admitted in the proceeding.
Compare: LI 2014/275 r 167
117 Evidence from another proceeding
(1) The Commissioner may in a proceeding, at the request of a party to the pro‐
ceeding, accept evidence that the party has filed in an earlier or existing pro‐
ceeding.
(2) Any evidence that is accepted for filing under subclause (1) does not have to
comply with regulation 102(2).
Compare: LI 2014/275 r 168
Subpart 2—Conduct of hearings and related matters
Hearings
118 Form of hearing
(1) A hearing may be—
(a) a hearing by appearance, that is, the appearance of a party before the
Commissioner, whether in person or by telecommunication link accepta‐
ble to the Commissioner; or
(b) a hearing by submissions, that is, the consideration by the Commissioner
of written submissions filed by a party and a review of the other docu‐
ments filed in the proceedings, without an appearance; orPart 3 r 116 Plant Variety Rights Regulations 2022 2022/346
48(c) a hearing on the papers, that is, a review of the documents filed in the
proceeding.
(2) A party may, subject to subclause (3), elect whether to be heard by appearance,
by submissions, or on the papers.
(3) If the Commissioner considers that a party has failed, without reasonable
excuse, to attend a hearing or to agree to a hearing date, the Commissioner
may, in their discretion,—
(a) direct a hearing on the papers for that party; or
(b) direct that the party take no further part in the proceeding; or
(c) treat the request for a hearing as withdrawn.
(4) To avoid doubt, subclause (3)(a) does not prevent any other party to the pro‐
ceeding from being heard by appearance or by submissions.
Compare: LI 2014/275 r 169
119 Commissioner may determine form of hearing, etc
After all the evidence has been filed, the Commissioner may, by correspond‐
ence or by holding a pre-hearing conference of the parties, determine—
(a) whether a hearing is required:
(b) the form of the hearing:
(c) the time for filing submissions:
(d) the venue of the hearing:
(e) the pleadings that will be considered at the hearing:
(f) any other matter necessary for arranging a hearing.
Compare: LI 2014/275 r 170
120 Notice of hearing by appearance
(1) The Commissioner must give each party to a hearing by appearance notice of
the date and venue of the hearing not less than 1 month before the date of the
hearing.
(2) Subclause (1) does not apply if—
(a) the date and venue have been determined at a pre-hearing conference; or
(b) the parties waive compliance with subclause (1); or
(c) in the Commissioner’s opinion, notice of 1 month is not practicable for
reasons of urgency.
Compare: LI 2014/275 r 171
121 Hearing fee
(1) Each party who requests a hearing (other than a hearing on the papers) must
pay the fee (if any) for a request for a hearing (a hearing fee ) in Schedule 3.2022/346 Plant Variety Rights Regulations 2022 Part 3 r 121
49(2) The hearing fee must be paid,—
(a) in the case of a hearing by appearance, not less than 10 working days
before the date set for the hearing:
(b) in the case of a hearing by submissions, when the party files the submis‐
sions.
(3) In the case of a hearing required under regulation 103, the hearing fee must
accompany the filing of the notice seeking a hearing.
(4) The Commissioner must refund a hearing fee paid by a party who withdraws
from the hearing if the Commissioner receives notice of withdrawal not less
than 5 working days before the date set for the hearing.
Compare: LI 2014/275 r 172
122 Venue for hearing by appearance
(1) If 1 party resides or has a principal place of business in Wellington, the hearing
must be held in Wellington or the place in New Zealand (if any) that is agreed
by all the parties and the Commissioner as the venue for the hearing.
(2) Otherwise, the Commissioner must determine where the hearing will be held.
(3) The Commissioner may require the party or parties concerned to pay the Com‐
missioner’s costs in holding the hearing at a venue outside Wellington.
Compare: LI 2014/275 r 173
123 Conduct of hearing by appearance
(1) The Commissioner must determine how a hearing by appearance must be con‐
ducted.
(2) Members of the public may attend a hearing by appearance, unless the Com‐
missioner decides that it is not appropriate.
Compare: LI 2014/275 r 174
Costs
124 Costs
In deciding whether costs should be awarded to a party, the Commissioner may
consider whether the proceedings might have been avoided if the party who
started the proceedings had given to the applicant or PVR holder (as the case
may be) a reasonable opportunity to take action to avoid the proceedings before
the proceedings were started.
Compare: LI 2014/275 r 175Part 3 r 122 Plant Variety Rights Regulations 2022 2022/346
50Fee waivers
125 Fee waivers
(1) This regulation applies if actions taken by or on behalf of the Commissioner
result in a growing trial not being completed,—
(a) in the case of an annual crop, in the year in which the growing trial star‐
ted (the current year ):
(b) in the case of any other crop, in any year following the actions taken by
or on behalf of the Commissioner.
(2) If this regulation applies, the Commissioner may—
(a) waive the growing trial fee, if the applicant has not been requested to
pay it,—
(i) in the case of an annual crop, for the current year:
(ii) in the case of any other crop, for any year the Commissioner con‐
siders appropriate:
(b) waive the growing trial fee, if the applicant has been requested to pay it
but has not paid it,—
(i) in the case of an annual crop, for the current year:
(ii) in the case of any other crop, for any year the Commissioner con‐
siders appropriate:
(c) waive the growing trial fee for the following year if the applicant has
already paid the growing trial fee for the current year or if the Commis‐
sioner considers it appropriate to do so, as the case requires.2022/346 Plant Variety Rights Regulations 2022 Part 3 r 125
51Schedule 1
Transitional, savings, and related provisions
r 4
Part 1
Provisions relating to these regulations as made
There are no transitional, savings, or related provisions in these regulations as made.Schedule 1 Plant Variety Rights Regulations 2022 2022/346
52Schedule 2
Non-indigenous species of significance
r 6
Common Māori name English and/or Latin names Plant botanical name
1 Kuru Breadfruit, Artocarpus altilis Artocarpus altilis  (Parkinson)
Fosberg
2 Hue Gourd, calabash Lagenaria siceraria  (Molina)
Standl.
3 Aute Paper-Mulberry, Broussentia
papyriferaBroussonetia papyrifera  (L)
Vent
4 Karaka/Kōpi Corynocarpus laevigatus  J R
Forst. & G Forst.
5 Paratawhiti/Paraa Marrita fraxinea (synonym) Ptisana salicina  (J E. Sm.)
Murdock
6 Perei Gastrodia cunninghami and
Orthoceras strictuumGastrodia cunninghami  Hook
f.
Orthoceras strictum  R Br.
7 Kūmara Sweet potato Ipomoea batatas  L.
8 Taro Colocasia esculenta Colocasia esculenta  (L.)
Schott
9 Tī pore Pacific cabbage tree Cordyline fruticosa  (L.) a.
Chev.
10 Whikaho Yam, Dioscorea Dioscorea  L.2022/346 Plant Variety Rights Regulations 2022 Schedule 2
53Schedule 3
Fees payable under Plant Variety Rights Act 2022 (excluding GST)
r 7
Item All plants
Fee
($)
Application for grant 625
Examination fee 770
Growing trial fee (per year of trial)—
Agriculture and
vegetable crops
seed-propagated varieties (cereals, peas, forage) 4,200
vegetatively propagated varieties (potatoes, hops) 2,800
Fruit or nut plants
strawberry varieties each year 290
other varieties year 1 500
other varieties each subsequent
year700
Ornamentals
rose varieties 130
other varieties year 1 310
other varieties each subsequent
year450
Other plants
grasses, white clover 4,510
other varieties including grass endophytes, fungi and algae 2,800
All plants
1 Renewal fee 385
compulsory licence application 1,000
application for cancellation or nullification 350
request for hearing 850
1 This is subject to clause 6 of Schedule 1 of the Act (savings and transitional
provisions).Schedule 3 Plant Variety Rights Regulations 2022 2022/346
54Schedule 4
Quantities of propagating material to accompany applications
r 37
Species Seed (g)Seed in ears
(ears)
Allium, amaranthus, capsicum, chicory, phacelia, radish 50
Asparagus, borage 100
Barley, oats, ryecorn, triticale, wheat 2000 120
Beans, lentils, lupins, maize 2000
Beets 500
Brassica (other than forage) 30
Carrot, lettuce, parsnip, tomato 30
Cucurbits 100
Evening primrose 10
Forage brassica 200
Grasses: bents, phalaris, Yorkshire fog 20
Grasses: brome, ryegrass 500
Grasses: cocksfoot 100
Grasses: crested dogstail, koeleria, paspalum 50
Grasses: fescue 500
Linseed 1000
Lotus, Lucerne, plantain, red clover 50
Peas 3000
Serradella and sulla 100
Sunflower 1000
White clover 10
Yarrow 25
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 24 January 2023, set out a variety of
procedural and substantive rules implementing the provisions of the Plant Variety
Rights Act 2022 (the Act).
Part 1  does the following things:
• it lists non-indigenous plant species of significance:
• it sets out rules about the amounts of fees and the timing and manner of their
payment:2022/346 Plant Variety Rights Regulations 2022 Explanatory note
55• it sets out rules about forms and documents:
• it sets out rules about the provision of addresses for service and communica‐
tion:
• it sets out rules governing the operation of agents.
Part 2  (which relates mainly to the process for obtaining grants of plant variety rights
(PVRs )) sets out rules about—
• PVR applications:
• the transmission of PVRs or interests in PVRs:
• the cancellation and nullification of PVRs:
• the surrender of PVRs, the restoration of lapsed applications and PVRs:
• the grant, amendment, and revocation of compulsory licences:
• keeping a PVR register and journal:
• searching the PVR register and obtaining PVR information:
• related matters.
Part 3  sets out rules relating to proceedings and hearings under the Act.
Schedule 1  relates to transitional, savings, and related matters.
Schedule 2  lists non-indigenous species of significance.
Schedule 3  sets out fees payable.
Schedule 4  lists the quantities of propagating material to accompany applications.
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette : 22 December 2022.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2022Explanatory note Plant Variety Rights Regulations 2022 2022/346
56