SpeechHon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): I would be delighted to respond to the honourable member's contribution—if I can call it that; a somewhat lazy contribution that neglected to mention the parts in the letter which addressed her concerns.Perhaps it was convenient not to mention that the arguments she is raising have been considered; that I did meet with the industry and carefully listened to their concerns despite advice that their concerns might have merits but probably didn't stack up. Certainly the National Party members of the select committee who approved the select committee report did not agree with those findings. The Hon Judith Collins here obviously tried to undermine her own colleagues across Parliament—not something unusual; we've seen it before as she undermines other National Party colleagues and their work on the select committee. But then again she likes the podium.So there we are but I will clarify because I think it's important to put these things on record for the committee that I did respond to the Hon Judith Collins; that I have laid out the reasons why what on the face of it are concerns that do warrant consideration we have on balance decided to allow the regime to fall where it lies now.That is because revisiting these issues—the ones that have been raised by the Zespri and T&G Global—would involve going back and doing further thorough consultation because they have already been thoroughly consulted on a particular proposal.Given the findings of the previous review and also the work of that committee—and I do take on good faith the hard work of those members on the committee be they National Party members or Labour members although Judith Collins is now calling that into question—I do think they went through it thoroughly. I have seen the work that they've done I've seen the previous review and I then further wanted to hear the concerns directly from Zespri and T&G Global because I think they are things that warrant consideration. I think that's why they were given full consideration.The other thing to say is that if we do go through another exercise of repeating this exercise again it would delay the benefits of a new plant variety rights regime including the benefits that it would bring to plant breeders—those who are doing the innovation in this country those who want to seek the rewards of innovating for New Zealand. I don't think that that is a good idea—that we delay further—when there is opportunity here to reward our innovators through protecting their intellectual property better.So I meet and hear with Zespri and T&G Global who presented I thought a compelling case but not a case so compelling that it was immediately obvious that the balance that the previous review and the select committee had found was not the best balance right now; certainly also the Gao v Zespri Group case. I mean evidence has been presented to me that again how the law is now described is the best outcome. I'll read out that paragraph just for the benefit of the committee in the letter that I've provided to the honourable member. The authorising issue which is the one that the Hon Judith Collins has raised I have stated clearly I don't see the need for any changes here. If an unauthorised act takes place in New Zealand there is clear ground for infringement proceedings to be commenced. If an unauthorised act takes place outside New Zealand then this is outside the jurisdiction of the New Zealand plant variety rights regime as set out in the Court of Appeal's decision in the Gao v Zespri Group case.I further note that the New Zealand Law Society initially supported Zespri and T&G Global's position on this issue and that was partly why it was the subject of such fierce debate. But the Law Society has since withdrawn its position following that Court of Appeal decision.So the matters do lie where they fall. It is something that has been thoroughly debated and I do respect the work that the select committee members did and I want to acknowledge those members—both the Labour members and the National members—that did that work. I don't think unfortunately that the argument that Judith Collins brings to delay the bill further for further consideration of their work is the best way forward here.But of course we will see how all of this legislation works through and we will make sure that we continue to learn and amend bills and Acts as we always do in this Parliament. Thank you Madam Chair.