Clark DavidPLANT VARIETY RIGHTS BILLSecond 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 second time.I want to at the outset of my contribution thank the Economic Development Science and Innovation Committee members for their hard work in considering this bill and to the chair Jamie Strange I acknowledge you across on our side of the House but over the other side there. The committee has recommended a number of important changes to the bill in response to the submissions that they received. The bill deals with a niche and often technical area of our intellectual property regime but it's also one that captures a degree of public interest. At the outset I'd also like to acknowledge all the industry stakeholders and Māori organisations and individuals that have played a vital role in the review of the PVR regime. Your expertise has been crucial in refining the proposals that we find in this bill.The bill governs an area of intellectual property law referred to as plant variety rights or commonly simply as PVRs. It's focused on promoting innovation and economic growth by encouraging the development of new varieties of plants. Many of these new varieties underpin success in key areas of the economy like agriculture or horticulture. Angie Warren-Clark: Or kiwifruit.Hon Dr DAVID CLARK: Our beloved kiwifruit a good example—a very good example—whether it's gold or green or even red these days that's often mentioned. But there are of course plenty more examples of innovative new plant varieties that are of benefit to society.Another example I might perhaps cite just for illustrative purposes is that there's a grass that has been developed after many decades of trials that deters birdlife by lowering the amount of insects that are harboured within the grass. That particular grass has the potential to be used near airports to reduce the amount of bird-strike and I would suggest that that is a good thing.The PVR regime needs to strike a balance between rewarding plant breeders for their efforts because we want to reward and encourage innovation and economic development but we also need to provide access to new varieties for growers and consumers—so it's striking a balance between those different aspects so that society as a whole can benefit. Now the bill strikes this balance by strengthening intellectual property rights to encourage that innovation while still freely permitting breeders commercial and recreational to build on that innovation and grow new varieties.On top of all that what makes this bill unique perhaps is that it also recognises the kaitiaki relationships with taonga species and it protects them should they be impacted by a PVR grant. The bill there has two overarching purposes related to New Zealand's international and domestic obligations. The balancing of these obligations around innovation and protection of kaitiaki relationships reflects New Zealand's unique position in the world and our unique approach to plant variety rights and I think it's an approach that we in this House can be very proud of. Again I do want to acknowledge the committee and their work to strike the right balance in this regard.So first off the bill enables New Zealand to meet its international treaty obligations through the CPTPP the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. That agreement—the CPTPP—requires us to align our laws with UPOV-91 the International Union for the Protection of New Varieties of Plants 1991 agreement. Giving effect to UPOV-91 will ensure our laws are consistent with international best practice and intellectual property law and better reflect the realities of modern plant breeding.Secondly the bill will also ensure that our PVR regime is consistent with the Crown's obligations under the Treaty. Ko Aotearoa Tēnei the Waitangi Tribunal's report into 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. If the grant of a PVR is likely to adversely impact that kaitiaki relationship and this impact can't be mitigated then a PVR may well be declined. The bill goes further in strengthening kaitiaki within the PVR system than was recommended by the Waitangi Tribunal because this Government recognises the need to better protect taonga species taonga works and mātauranga Māori. The establishment of a Māori Plant Varieties Committee with genuine decision-making power to protect kaitiaki relationships we believe reflects true partnership.The select committee did an excellent job in scrutinising the bill and I want to cover a couple of the key changes that have resulted. The first is the inclusion of a right of appeal to decisions made by the Māori Plant Varieties Committee. The bill as originally introduced did not include an appeal right which meant that these decisions could only be challenged through judicial review. Instead—and we think this is important—the legislation will now provide adequate pathways for those whose rights are affected to challenge a decision made by that committee. The bill as reported back therefore includes a right of appeal to the Māori Appellate Court. This was recommended by the Chief Justice following consultation with her colleagues the Chief Judges of the High Court and of the Māori Land Court.The committee recommended a number of other additional amendments to strengthen this legislation. Some of the headline changes include revising the purpose clause and including a separate Treaty of Waitangi clause to better reflect the Crown's obligation aligning the definition of an essentially derived variety" with the wording in UPOV-91 to achieve international consistency extending the term of a PVR for potatoes from 20 to 25 years and adding a requirement to consult with Te Puni Kōkiri before making appointments to the Māori Plant Varieties Committee.So in conclusion this bill brings Aotearoa into line with the international community it supports innovation and economic growth while protecting our taonga plant species it meets our obligations under our free-trade agreement it supports progressive trade that benefits New Zealanders as a whole and at the same time it stays true to our history and identity as a nation founded on a partnership as reflected in the Treaty of Waitangi. So it is a real pleasure to commend this bill to the House.DEPUTY SPEAKER: The question is that the motion be agreed to."