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Chris Bishop: The CCCFA. |
Hon JUDITH COLLINS: The CCCFA—yeah—or something. We ended up back here, having destroyed people's hopes of getting homes. |
So, anyway, coming back to this bill and the Supplementary Order Papers, these are relatively minor changes— |
Hon Member: It's the same Minister. |
Hon JUDITH COLLINS: The same Minister—the same Minister. Too clever—bywords—to have a meeting, too clever to talk to the industry, and too clever to consult with the actual stakeholders, who, by the way, we're very lucky to have. They're able to still export, despite the fact that they couldn't get enough workers in to... |
They've asked to extend the term of the actual licence from 25 to 30 years, and the Minister has come back and said, "Well, that could affect other people." Yeah, it might well affect other people who want to compete against our New Zealand interests. The amendment to clause 14 that I've put up on Supplementary Order P... |
So if we think about it, that is actually that case where New Zealand plant stock was stolen and taken to China and then used to compete against us, and this Minister thinks Zespri doesn't know what it's talking about. I think it does know what it's talking about, and I think it is something where the Minister writing ... |
Instead of taking notice of them, in March this year—which was followed up by a letter from me because they couldn't get to him—he was too busy to meet on that, too. Maybe he should just give up his portfolios and give them to one of these other young thrusters they've got over there, like Glen Bennett. He's a nice you... |
Chris Bishop: What about Rachel Boyack? |
Hon JUDITH COLLINS: What about Rachel Boyack? She'd be brilliant, for at least two months. Thank you. |
Part 2 Plant variety rights |
CHAIRPERSON (Hon Jacqui Dean): Members, we come now to Part 2, which is the debate on clauses 14 to 20, "Plant variety rights". The question is that Part 2 stand part. |
Hon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): Part 2 of the bill sets out exactly what rights a plant variety right (PVR) gives the breeder, the exceptions to those rights, and the term of duration of those rights. By aligning with the 1991 revision of the International Convention for the Protection o... |
Research commissioned by the Ministry of Business, Innovation and Employment during the review found that even under the current legislation, the plant breeding innovation system in New Zealand is in pretty good shape. So I should note that from the outset. Under the current Act, farmers do not have to pay to plant sav... |
Some stakeholders have argued that this decreases the return on the investment in breeding new varieties and might hamper, as a consequence, innovation. The research did not find any evidence in New Zealand that we're missing out on innovative new crop varieties. I understand there are discussions going on between the ... |
To speak to the term of a PVR, the term of a PVR broadly aligns with the minimum terms required by UPOV-91, which is 25 years for woody plants, their rootstock, and potatoes as well, and 20 years for all other plants. There was considerable debate on this issue, as I understand it, during the select committee process. ... |
The bill expands the exclusive rights of PVR owners and extends the PVR term for woody plants and rootstock to 25 years from the 23 years allowed for under the current Act. This has the potential to increase the returns that PVR owners earn from the new varieties. In light of this, no case has been made to extend the P... |
One exception to this is the PVR term for potatoes, but this was because the Economic Development, Science and Innovation Committee was presented with compelling evidence that a 20-year PVR term for potatoes was not long enough to allow breeders to recoup their investment in light of the long time period required to br... |
Hon 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... |
So there we are, but I will clarify because I think it's important to put these things on record for the House that I did respond to 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 wher... |
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 t... |
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 ... |
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, ev... |
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... |
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. |
Hon JUDITH COLLINS (National—Papakura): Point of order. I seek leave of the House to table a letter I received today, dated today, from the Hon Dr David Clark, relating to the matter that we've just been discussing. |
CHAIRPERSON (Hon Jacqui Dean): Leave is sought for that purpose. Is there any objection? There is none. |
Document, by leave, laid on the Table of the House. |
MELISSA LEE (National): Thank you, Madam Chair. I'd just like to start off my contribution on Part 2 by perhaps reminding the Minister—I guess he hasn't actually sat in a select committee for a little while, so he has forgotten how it actually operates—the select committees do a job, and I think the Economic Developmen... |
I think the Hon Judith Collins actually made a wonderful contribution and actually made suggestions through her Supplementary Order Paper (SOP) where she proposed to extend the PVR licence years in clause 18(3)(a), to replace 25 years with 30 years. That actually comes, as she said, from the recommendations from the in... |
The reason why I believe the Hon Judith Collins actually recommended this is that even I, not a plant grower, not a breeder, but an amateur gardener, who actually— |
Chris Bishop: Don't you have green thumbs? |
MELISSA LEE: Not quite! But I planted my favourite fruit tree in my garden—persimmons. I bought a plant—persimmons. It wasn't actually a small thing or grown from a seed, but it takes years before it will fruit. For a plant breeder who might get a new variety, it might be from a seed or from a stone. I don't know—they ... |
If the industry, who actually came to the Hon Judith Collins—and, I mean, Zespri is one who do amazing work. I mean, Zespri is where kiwifruit—I love the gold ones; I'm not quite sure about the green ones. But they actually expanded their reach by going to other countries, like South America and Korea, where they actua... |
CHAIRPERSON (Hon Jacqui Dean): The question is the Hon Dr David Clark's amendment to Part 2 set out on Supplementary Order Paper 132 be agreed to. |
A party vote was called for on the question, That the amendment be agreed to. |
Ayes 108 |
New Zealand Labour 64; New Zealand National 33; ACT New Zealand 10; Sharma. |
Noes 10 |
Green Party of Aotearoa New Zealand 10. |
Amendment agreed to. |
CHAIRPERSON (Hon Jacqui Dean): The question is that the Hon Judith Collins' amendment to clause 14 set out on Supplementary Order Paper 200 be agreed to. |
A party vote was called for on the question, That the amendment be agreed to. |
Ayes 43 |
New Zealand National 33; ACT New Zealand 10. |
Noes 75 |
New Zealand Labour 64; Green Party of Aotearoa New Zealand 10; Sharma. |
Amendment not agreed to. |
CHAIRPERSON (Hon Jacqui Dean): The question is that the Hon Judith Collins' amendment to clause 18 set out on Supplementary Order Paper 202 be agreed to. |
A party vote was called for on the question, That the amendment be agreed to. |
Ayes 43 |
New Zealand National 33; ACT New Zealand 10. |
Noes 75 |
New Zealand Labour 64; Green Party of Aotearoa New Zealand 10; Sharma. |
Amendment not agreed to. |
Part 2 as amended agreed to. |
CHAIRPERSON (Hon Jacqui Dean): Members, we come now to Part 3. This is the debate on clauses 21 to 27, "Infringement and enforcement". The question is that Part 3 stand part. |
Part 3 Infringement and enforcement |
CHAIRPERSON (Hon Jacqui Dean): Members, we come now to Part 3. This is the debate on clauses 21 to 27—infringement and enforcement. The question is that Part 3 stand part. |
Hon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): Part 3 of the bill sets out what constitutes an infringement of a plant variety right (PVR), how and when proceedings can be brought, and what relief is available. International Union for the Protection of New Varieties of Plants 91 requires that some meas... |
The bill provides that while a PVR can be infringed during this period, proceedings cannot be commenced until after the grant is made. That is a change from the current Act, under which proceedings can commence during this period. Many submitters expressed concerns at this change, however, the problem with the approach... |
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