Clark DavidPLANT VARIETY RIGHTS BILLThird ReadingHon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): I present a legislative statement on the Plant Variety Rights Bill.DEPUTY SPEAKER: That legislative statement is published under the authority of the House and can be found on the Parliament website.Hon Dr DAVID CLARK: I move That the Plant Variety Rights Bill be now read a third time. Before I get too far into my contribution I do want to acknowledge the kind folks in mid-south Canterbury Federated Farmers who have allowed me to come prepared with the appropriate attire. The member Jo Luxton brought them in to talk to me about this matter amongst other things some time ago. The kind folks there left me with this beautiful tie—Hon Todd McClay: I think it's 'cos they didn't like the tie you were wearing.Hon Dr DAVID CLARK: —with the sheaves of wheat on it. I've worn this tie through the readings of this bill in the House at various points to acknowledge the contribution of farmers—Dr Duncan Webb: Great seed there too.Hon Dr DAVID CLARK: —we will have no more jokes seeded of that nature through the debate!—to acknowledge our growers and the importance that they play in the economy. There's been debates in my office this morning about the appropriateness of wearing it with this particular shirt but we'll put that aside. I think it's a style choice and a strong choice to make the point today.Anyway let's come back to the bill almost immediately. The bill governs an area of intellectual property law referred at PVRs or plant variety rights. It's focused on promoting innovation and with it economic growth for New Zealand through encouraging the development of new varieties of plants.Now many of these new varieties underpin the success of our economy particularly in horticulture and agriculture. Our beloved kiwifruit is an example that's often cited. We've got the green one we've got the gold one and now we hear more—Hon Kiritapu Allan: The red.Hon Dr DAVID CLARK: —and more about the red one—my colleague points out and absolutely right. There are more and more examples of innovative breeding that is benefiting our society.Another example is grass that has been developed after decades of trials to deter birds by lowering the amount of insects harboured in the plant. That's been a huge success near airports where bird strike otherwise is a challenge. We can all imagine the benefit that is created by that.The PVR regime has to try and strike a balance between rewarding plant breeders for their efforts in developing a new plant variety and providing access to these new varieties for the population for the growers and for the consumers so that society as a whole benefits from these new varieties that are bred.The bill does this by strengthening intellectual property rights to encourage innovation while still freely permitting breeders to build on existing innovation to create new varieties while freely permitting farmers to save seed to plant for next season's crop and freely permitting home gardeners to grow new varieties for themselves. These things are important to get right in terms of the balance.On top of that what makes the bill especially unique is that it protects kaitiaki relationships with taonga species if they would be impacted by a PVR grant.The bill has therefore three overarching purposes. In addition to the intellectual property (IP) purpose—which is about encouraging that innovation the benefits to the economy that come from it and making sure our IP developers are rewarded—the other two purposes relate to New Zealand's international and domestic obligations. The balancing of obligations reflects a uniquely New Zealand approach to PVRs that we can I think be very proud of as a small country. We're not afraid of forging our own path here and acknowledging our own history and developing a policy that fits us here in this corner of the world.So first off the bill enables us here in Aotearoa New Zealand to meet our obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) which requires us to have a suitable intellectual property regime in place. It requires us in that more specifically to align with what's known as UPOV-91 the International Union for the Protection of New Varieties of Plants 1991—everyone calls it UPOV-91—so we're aligning with that set of intellectual property obligations. Now giving effect to UPOV-91 will ensure effectively through that that we're in line with international best practice and intellectual property law and better reflect the realities of modern plant breeding.The second thing we're doing is to ensure that our PVR regime recognises and is consistent with the Crown's obligations under the Treaty. Ko Aotearoa Tēnei the Waitangi Tribunal's report on the Wai 262 claim found that kaitiaki relationships with taonga species are entitled to a reasonable degree of protection. The bill establishes a Māori Plant Varieties Committee whose primary role will be to assess the likely impact of the grant of a PVR on kaitiaki relationships with taonga species. Essentially it's about ensuring there is no detrimental effect on that kaitiaki relationship. Having said that if there is an impact it's about mitigation and ensuring that that relationship can be mitigated.The bill does go further in strengthening kaitiakitanga within the PVR system and that was as recommended by the Waitangi Tribunal. The Government recognises the need to better protect taonga species taonga works and mātauranga Māori. The establishment of a Māori committee with genuine decision-making powers protects that kaitiaki relationship and reflects true partnership.I will say that the Economic Development Science and Innovation Committee did an excellent job in scrutinising the bill. The changes made by the committee will strengthen the legislation and ensure it operates to the benefit of all of Aotearoa New Zealand. I particularly want to acknowledge the introduction of an appeal right through that process in line with what the courts thought was appropriate—we too agree that it is important to have an appeal right—and that goes through to the Māori Appellate Court. So I do want to acknowledge the select committee doing that work and introducing that aspect to the bill; I think it improves the bill.To conclude the bill brings us in line with our international obligations and our Treaty obligations. Those international obligations are both in terms of the CPTPP fulfilling our obligations there and also in terms of making sure that we have an appropriate regime that aligns with UPOV-91 and rewards our intellectual-property developers and the benefits that they bring to our economy. It strikes a sweet spot I think in being true to our free-trade agreement and also true to our history in terms of our Treaty—a nation founded on partnership.Finally I want to thank all of those who contributed through their submissions to the select committee through the committee's work and the improvements that they have brought and overall I want to acknowledge the importance of the CPTPP and trade to New Zealand. We are a small trading nation a long way from traditional markets and having fit for purpose trade agreements—and I want to acknowledge the Hon David Parker and the Hon Damien O'Connor for their work on our trade agreements—mean that we can trade with the world that we can earn export dollars and that we can reward those in our country who innovate to that end.So with that I commend this bill to the House for its third reading.DEPUTY SPEAKER: The question is that the motion be agreed to.