WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights RESTRICTED 
IP/N/I/NZL/P/3 
26 January 1996 
(96-0248) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
New Zealand 
Patents (Including Plant. Variety Protection) 
The present document reproducesl the following laws and regulations, as notified by New Zealand 
under Article 63.2 of the Agreement (see document IP/N/lINZL/1): 
the Plant Variety Rights Act 1987 
the Plant Variety Rights Amendment Act 1990 
the Plant Variety Rights Amendment Act 1994 
IIn English only 2 
26 
28 IP IN I lINZL/P 13 
Page 2 
1987 Plant Variety Rights No. 5 
ANALYSIS 
Title 
1. Short Title and commencement 
2. Interpretation 
3. Apphcation 
4. Act to bind the Crown 
PART I 
GRANTS OF PLANT VARIETY RIGHTS 
5. Applications 
6. Objections before grant 
7. Withdrawal or lapse of applications 
8. Inspection of applications 
9. Provisional protection 
10. Making of grants 
1 1. Varieties bred or discovered by 2 or more 
persons independently 
12. Priorities resulting from earlier overseas 
applications 
13. Cancellation of g:an~s because of earlier 
overseas applicatIons 
14. Date and term of grants 
15. Objections after grant 
16. Cancellation of grants 
1 7. Rights of grantees 
1 8. Exceptions to grantees' rights 
1 9. Licences 
20. Notice of protection 
21. Compulsory licences and sales 
22. Use of denomination PART 11 
ApPEALS 
23. Rights of appeal 
24. Appeals to be made to District Court 
25. Assessors 
26. Procedure 
27. Suspension of decision while appeal 
pending 
PART III 
PLANT VARIETY RIGHTS OFFICE 
28. Plant Variety Rights Office 
29. Seal of Office 
30. Commissioner, Assistant Commissioners, 
and officers 
3 1. Officers and employees not to acquire 
interests in grants 
32. Advisory and technical committees, and 
technical advisors 
33. Delegations 
34. Plant Variety Rights Jounlal 
PART IV 
MISCELLANEOUS PROVISIONS 
35. Service of notices, ete. 
36. Fees and refunds 
37. Offences and penalties 
38. Regulations 
39. Transitional provisions 
40. Consequential amendment 
4 1. Repeals and revocations 
Schedule 
1987, No. 5 
An Act to consolidate and atnend the law relating to the 
granting of proprietary rights in respect of plant 
varieties [21 February 1987 
BE IT ENACTED by the Parliament of New Zealand as follows: 
1. Short Title and cotntnencetnent-(I) This Act may be 
cited as the Plant Variety Rights Act 1987. 
Public-5 Price Code: 24-C 2 Plant Variety Rtghts IP IN 11 INZL/P 13 
Page 3 
1987, No. 5 
(2) This Act shall come into force on a day to be fixed by 
the Governor-General by Order in Council. 
2 .. Interpretation-In this Act, unless the context otherwise 
requlres,- .. 
"Applicant", in relation to any application, means the 
person by whom or on whose behalf that application 
is made: 
"Application", except in section 12 of this Act, means an 
application for a grant: 
"Assistant Commissioner" means an Assistant 
Cornnllssioner of Plant Variety Rights appointed under 
section 30 (1) (b) of this Act: 
"Cornnllssioner" means the Commissioner of Plant Variety 
Rights appointed in accordance with section 30 (1) (a) 
of this Act; and includes an Assistant Commissioner: 
"Denomination", in relation to any protected variety, Qr 
any variety that was a protected variety until the grant 
made in respect of it expired, means the distinguishing 
name or identification approved for that variety by 
the Commissioner under section 10 (2) (a) of this Act:· 
"Director-General" means the Director-General of 
Agriculture and Fisheries: 
"Grant" means a grant of plant variety rights under this 
Act: 
"Grantee" rneans the holder of a grant; and, in relation 
to a protected variety, means the holder of a grant in 
respect of that variety: 
"International agreement" means any bilateral or 
multilateral treaty, convention, or agreement, to which 
New Zealand is a party, and any understanding 
concluded by the Government of New Zealand and 
the government of any other country: 
'Journal" means the Plant Variety Rights Journal required 
to be published by section 34 (1) of this Act: 
"Minister" means the Minister of Agriculture: 
"Ministry" means the Ministry of Agriculture and 
Fisheries: 
"Office" means the Plant Variety Rights Office established 
under section 28 (1) of this Act: 
"Owner", in relation to any variety, means a person who 
bred or discovered that variety, and includes a 
successor of that person: 
~'Plant" includes an alga, a bacterium, and a fungus: 
"Protected variety" means a variety in respect of which 
a grant is in force: IP IN 11 INZL/P 13 
Page 4 
1987, No. 5 Plant Variety Rights 3 
"Publication" means public notification; and includes 
publication in the Journal: 
"Reproductive material", in relation to any variety, means 
any portion of a plant of that variety by means of 
which plants of that variety may be reproduced or 
propagated; and includes spores, seeds, and whole 
plants: 
"Sale" includes any disposition for valuable consideration 
and any offer for sale; and "sell" and "sold" have 
corresponding meanings: 
"UPOV country" means an overseas country that is a 
member State of the International Union for the 
Protection of New Varieties of Plants, constituted 
pursuant to the international agreement called the 
International Convention for the Protection of New 
Varieties of Plants: 
"Variety" means a cultivar, or cultivated variety, of a plant 
to which this Act applies; and includes any clone, 
hybrid, stock, or line, of such a plant; but does not 
include a botanical variety of sl:lch a plant. 
Cr. 1973, No. 37, s. 2 
3. Application-This Act applies only to the plants 
described in the Schedule to this Act. 
Cr. 1973, No. 37, s. 4 
4. Act to bind the Crown-This Act shall bind the Crown. 
Cr. 1973, No. 37, s. 3 
PART I 
GRANTS OF PLANT VARIETY RIGHTS 
5. Applications-(l) Every application shall be made on a 
form provided by the Commissioner; and shall-
(a) Be accompanied by the quantity of seed (If any) prescribed 
in respect of varieties of the kind concerned; and 
(b) Be completed and signed by or on behalf of the applicant; 
and 
(c) Nominate an address for service in relation to that 
application (being an address within New Zealand); 
and 
(d) Be accompanied by the p~escribed application fee. 
(2) Within the prescribed period after making an application, 
the applicant shall give to the Commissioner-4 Plant Variety Rights IP/N/lINZL/P/3 
Page 5 
1987, No. 5 
(a) In such detail as the Commissioner requires, a 
description-
(i) Of the origin and breeding of the variety 
concerned; and 
(ii) On a form provided by the Commissioner for 
the purpose, of the botanical features of that variety; 
and 
(lii) Of those aspects of that variety that, in the 
opinion of that applicant, distinguish it from those 
other varieties whose existence was a matter of 
common knowledge at the time of that application; 
and 
(b) A proposed denomination for that variety; and 
(c) The prescribed trial or examination fee. 
(3) Within the prescribed period "after being requested by the 
COnlnlissioner to do so, an applicant "shall give to the 
COnlmissioner either or both of the following in relation to 
the application concerned: 
(a) Such reproductive nlaterial of the variety concerned as 
the Commissioner specifies: 
(b) Any other information that the Commissioner thinks 
relevant to that application and requests frOIn that 
applicant. 
(4) An application that complies with subsection (1) of this 
section at the time it is received at the Office shall, for the 
purposes of this Act, be deemed to be made at that time. 
(5) An application that does not comply with subsection (1) 
of this section at the time it is received at the Office shall, for 
the purposes of this Act, be deemed to be made at the time 
at which it first complies with that subsection while being held 
at the Office. 
(6) If satisfied that an application complies with subsection 
(1) of this section, the Commissioner shall-
(a) Notify in the Journal the making of that application; and 
(b) Advise the applicant accordingly. 
(7) The CornIllissioner shall notify in the Journal every 
proposed denornination for a variety given to the 
COnlrnissioner by any applicant that, in the opinion of the 
Commissioner, cornplies with the prescribed requirenlents. 
C£ 1973, No. 37, ss. 14, 15 (4), 16 -' 
6. Objections before grant-(I) Any person who considers 
_that the Cornmissioner should not approve a proposed 
denonlination notified in the Journal may, within 3 months IP/N / I/NZL/P 13 
Page 6 
1987, No. 5 Plant Variety Rights 5 
of its notification, by notice in wntlng to the Commissioner, 
object to the approval of that name. 
(2) Any person who considers that an application has been 
made by or on behalf of an applicant who is not an owner of 
the variety concerned may, at any time before a grant is made 
to the applicant in respect of that variety, by notice in writing 
to the Commissioner, object to the making of a grant in respect 
of that variety to the applicant. 
(3) Any person who considers that an application has been 
made in respect of a variety that is not new, distinct, stable, 
and homogeneous (as required by.section 10 of this Act) may, 
at any time before a grant is made in respect of that variety, 
by notice in writing to the Commissioner, object to the making 
of a grant in respect of that variety. 
(4) If an objection is made under this section, the 
Commissioner shall not make a grant in respect of the variety 
conceITled before giving the applicant concerned and the 
objector a reasonable opportunity to be heard. 
Cf. 1973, No. 37, s. 19 
7. Withdrawal or lapse of applications-( 1) Any 
application may be withdrawn by the applicant at any time 
before a grant is made in respect of it. 
(2) The withdrawal of an application shall not affect the 
liability of the applicant for any fees that may have become 
payable up to the date of that withdrawal. 
(3) If any information or material required to be given to 
the Commissioner under subsection (2) or subsection (3) of 
section 5 of this Act is not supplied within the prescribed 
period, the application concerned shall lapse upon the 
expiration of that period. 
Cf. 1973, No. 37, s. 13 (2) 
8. Inspection of applications-After an application is 
made, the Commissioner shall hold it and any document or 
instrulllent accompanying. it or supplied subsequently pursuant 
to subsection (2) or subsection (3) of section 5 of this Act (or 
a copy of that document or instrument, certified by "the 
Commissioner to be a true copy) available for public inspection 
during ordinary business hours of the Office. 
Cf. 1 973 , No. 37, s. 16 
9. Provisional protection-(l) Subject to subsection (2) of 
this section, on and after the day on which ~ application is 
made, the applicant shall have the same rights to take 
Inset 6 Plant Variety Rights IP/N/l/NZL/P/3 
Page 7 
1987, No. 5 
proceedings under this Act as if on that day a grant had been 
made to the applicant in respect of the variety concerned. 
(2) The rights conferred by subsection (1) of this section shall 
be deemed never to have been conferred if-
(a) The application concerned is withdrawn or lapses; or 
(b) The Commissioner declines to make a grant in respect 
of that application. 
C£ 1973, No. 37, s. 18 
10. Making of grants-(I) The Commissioner shall-
(a) Subject to sections 11 and 31 (2) of this Act, make a grant 
in respect of every application that is eligible for the 
making of a grant; and 
(b) Decline to make a grant in respect of every application 
that is not eligible for the making of a grant. 
--(2) Ail applIcation shall be eligible for the making of a grant 
if, and only if, the applicant has given the Commissioner all 
reproductive material of the variety concerned requested by 
the Commissioner, and the Commissioner-
(a) Has approved for that variety a denomination proposed 
by the applicant; and _ 
(b) -Is satisfied that that applicant is an owner of that variety; 
and 
(c) Has received the prescribed fee; and 
(d) Is satisfied that that variety is new, distinct, homogeneous, 
and stable. 
(3) The Commissioner shall approve a proposed 
denomination for a variety if, and only if, in the opinion of 
the Commissioner, it complies with the prescribed 
requirements. 
(4) For the purposes of subsection (2) (d) of this section,­
(a) Subject to subsection (6) of this section, a variety is new 
if there has been no sale of that variety with the 
agreement of any relevant owner of that variety­
(i) In New Zealand, for m.ore than 12 months before 
the date on which that application was made; and 
(ii) Overseas, for more than 6 years before that date 
in the case of a woody plant, or for more than 4 
years before that date in every other case: 
(b) A variety is dis'tinct if it is distinguishable by one or more 
characteristics from any other variety whose existence 
was a lllatter of COlllmon knowledge when the 
application concerned was made. IP IN 11 INZL/P 13 
Page 8 
1987, No. 5 Plant Variety Rights 7 
(c) A variety is stable if, in its essential characteristics, it 
remains true to its description-
(i) Where the applicant concerned has described 
particular cycles of reproduction or multiplication for 
that variety, at the end of each such cycle; and 
(ii) In every other case, after repeated propagation 
or reproduction. 
(5) In determining, for the purposes of subsection (2) (d) of 
this section, whether or not the Commissioner is satisfied that 
a variety is homogeneous, the Commissioner shall have regard 
to the particular features of its sexual reproduction or vegetative 
propagation (whichever is applicable to it). 
(6) Where, to increase the stock of a variety or for evaluation 
trials or tests of a variety, its owner makes arrangements under 
which-
(a) Reproductive material of that variety is to be sold to or 
used by some other person; and 
(b) Any unused portion of that reproductive material, and 
all the material of any sort produced from that 
reproductive material, is-
(i) To be sold to that owner, by that other person; 
or 
(ii) Otherwise to become the property of that 
owner,-
for the purposes of subsection (4) (a) of this section, no account 
shall be taken of any sale under that arrangement of-· -
(c) Reproductive material of that variety by that owner to 
that other person; or 
(d) Material of any sort of that variety by that other person 
to that owner. 
(7) For the purposes of subsection (2) (d) of this section, a 
variety does not cease to be new by virtue only of the sale at 
any time of-
(a) Material that is not reproductive material; or 
(b) Reproductive material disposed of for purposes other than 
reprod uction,-. 
that, having been produced during the breeding, increase of 
stock, tests, or trials, of that variety, is not (or no longer) 
required for any of those activities. 
(8) For the purposes of subsection (4) (b) of this section, the 
characteristics by which a variety may be distinguished from 
others may be morphological, physiological, or of any other 
kind or description, so long as those characteristics are capable 
of precise description and recognition. 
Cf. 1973, No. 37, s. 15 (1) 
Inset· 8 Plant Variety Rights JP IN 11 INZL/P 13 
Page 9 
1987, No. 5 
11. Varieties bred or discovered by 2 or ntore persons 
independently-Subject to section 12 of this Act, where­
(a) Before a grant is made in respect of a variety, 2 or more 
applications in respect of that v~riety have been 
made; and 
(b) The Commissioner is satisfied that the 2 or more 
applicants concerned are persons who, or successors 
of persons who, bred or discovered that variety 
independently; and 
(c) The Commissioner is satisfied that, but for this section, 
each of those 2 or more applicants is or would be 
entitled to a grant in respect of that variety,- . 
the Cornmissioner shall rnake a grant to that one of those 2 
or more applicants whose application in respect of that variety 
was made first. 
C£ 1973, No. 37, s. 13A, (1), (2) 
12. Priorities resulting frolD earlier overseas 
applications-( 1) Where-
(a) Any person makes an application for a grant in New 
Zealand in respect of a variety in respect of which 
that person has earlier in a UPOV country made an 
equivalent application under the law of that country 
that has been accepted; and 
(b) That application for a grant in New Zealand is rnade not 
more than 12 rnonths after that equivalent application 
(or, if more than one equivalent application has been 
rnade, whether in one or in several countries, the 
earliest of thern) was made; and 
Cc) A claim for priority in relation to that equivalent 
application accornpanies the application for a grant 
in New Zealand; and 
(d) Within 3 rnonths of the making of that application for a 
grant in New Zealand, a copy of any documents 
constituting that equivalent application, certified as 
correct by the authority to which it was made, is 
submitted to the Cornrnission(f!r,- _ 
sections 10 (4) (b) and 11 of this Act shall apply to that 
application for a grant in New Zealand as if it had been rnade 
when that equivalent application was accepted. 
e£ 1973, No. 37, s. 13A 
18. Cancellation of grants because of earlier overseas 
applications-Where-
(a) After a grant is made to any person in respect of a variety, 
another person rnakes an application in respect of 
that variety; and IP IN I lINZL/P 13 
Page 10 
1987, No. 5 Plant Variety Rights 9 
(b) The Commissioner is satisfied that, if that grant had not 
already been made, that other person would, by 
virtue of section 12 of this Act, be entided to a grant 
in respect of that application,-
the Conlmissioner shall cancel that grant, and shall make a 
new grant to the person who would be entitled to it if the 
cancelled grant had never been made. 
Cf. 1973, No. 37, s. 13A (8) 
14. Date and tenn of grants-(l) The Commissioner shall 
seal every grant with the seal of the Office, and endorse it with 
the date of its making. 
(2) Except as otherwise provided in this Act, every grant shall 
be in force for a term (coIIllIlencing on the day it is made)-
(a) Of 23 years, or any longer period specified in that behalf 
by the Governor-General by Order in Council (lllade 
before, on, or after the day that grant is lllade, but 
before that grant expires), in the case of a woody 
plant or its rootstock; and 
(b) Of 20 years in every other case;-. 
and, unless sooner cancelled, shall then expire. 
(3) The Commissioner shall keep a register, and record in it 
the date and other prescribed particulars (if any) of every grant. 
Cf. 1973, No. 37, s. 20 
15. Objections after grant-(l) Any person who considers 
that a grant has been lllade in respect of a variety that is not 
new, distinct, stable, and homogeneous (as required by section 
10 of this Act) may at any. time, by notice in writing to the 
Commissioner, object to the continuation in force of that grant. 
(2) Any person who considers that a grant was made to a 
person who was not an owner of that variety lllay, by notice 
in writing to the Commissioner, object to the continuation in 
force of that grant. 
(3) An objection under subsection (2) of this section lllay be 
accompanied by an application in respect of the variety 
concerned. 
16. Cancellation of grants-(l) The Commissioner lllay 
cancel a grant before the end of its term if so requested in 
writing by the grantee. 
(2) Subject to subsection (3) of this section, the COllllllissioner 
shall cancel a grant at any tillle during its term if satisned­
(a) That any information ·supplied in the application 
concerned or in relation to th~t application was 
incorrect and that if the correct information had been 10 Plant Variety Rights IP IN 11 INZL/P 13 
Page 11 
1987, No. 5 
known before that grant was made, the 
Commissioner would have declined to make that 
grant; or 
(b) That the variety concerned was not, at the time of the 
application concerned, new and distinct within the 
meaning of section 10 of this Act; or 
(c) That that variety is not stable and homogeneous within 
the meaning of section 10 of this Act; or 
(d) That the grantee was not, at the time that grant was 
made, an owner of that variety; or 
(e) That the grantee of that variety, after being requested by 
the Commissioner to provide the Commissioner 
(within a period specified by the Commissioner) with 
reproductive material capable of producing that 
variety with its characteristics as described when the 
grant was made, has failed to do so; or 
(f) That that grantee, after being requested by the 
Commissioner to allow the Commissioner (within a 
period specified by the Commissioner) to inspect the 
measures taken for the maintenance of that variety, 
or to provide documents or information in relation 
to that variety, has failed to do so; or 
(g) That any annual grant fee in relation to the grant has 
not been paid within the prescribed period; or 
(h) That that grantee has failed to comply with any 
compulsory licence or compulsory sale order made 
against that owner under section 21 of this Act in 
relation to that variety. 
(3) Before cancelling a grant under subsection (2) . of this 
section, the Commissioner shall give the grantee written notice 
of intention to do so and, unless that grantee shows sufficient 
cause within 28 days of the date of the notice why that grant 
should not be cancelled, shall cancel that grant on the 
expiration of that period. 
(4). Where-
(a) The Commissioner has cancelled a grant under subsection 
(2) (d) of this section; and 
(b) Any application (other than the application in respect of 
which that grant was made) has at any time (whether 
before or after the making of that grant) been made 
in respect of the variety concerned,- . 
the Commissioner shall deal with all applications in respect of 
that variety as if that grant had never been made. 
C£ 1973, No. 37, ss. 13A (8), 20, 24 IP IN 11 INZL/P 13 
Page 12 
1987, No. 5 Plant Variety Rights 11 
17. Rights of grantees-(I) Subject to section 19 of this Act, 
a grantee shall have the exclusive right-
(a) To produce for sale, and to sell, reproductive material of 
the variety concerned: 
(b) If that variety is a plant of a type specified by the 
Governor-General by Order in Council for the 
purposes of this paragraph, to propagate that variety 
for the purposes of the commercial production of 
fruit, flowers, or other products, of that variety: 
(c) Subject to any tenus and conditions that grantee specifies, 
to authorise any other person or persons to do any 
of the things described in paragraph (a) or paragraph 
(b) of this subsection. 
(2) Notwithstanding subsection (1) of this section the Minister 
may, by notice in the Journal, and after ensuring that the 
grantee under the grant concerned will be adequately 
compensated, impose such restrictions on the exercise of the 
rights of that grantee in respect of any specified variety as the 
Minister thinks necessary in the public interest during a national 
emergency. 
(3) A grant may be assigned, mortgaged, or otherwise 
disposed of; and may devolve by operation of law. 
(4) The rights of a grantee under a grant are proprietary 
rights, and their infringement shall be actionable accordingly; 
and in awarding damages (including any exemplary damages) 
or granting any other relief, a Court shall take into 
consideration-
(a) Any loss suffered or likely to be suffered by that grantee 
as a result of that infringement; and 
(b) Any profits or other benefits derived by any other person 
from that infringement; and 
(c) The flagrancy of that infringement. 
(5) Where there is imported into New Zealand any 
reproductive material of a protected variety, any propagation, 
sale, or use, of that material-
(a) As reproductive material; and 
(b) Without the authority of the grantee concerned,­
constitutes an infringement of the rights of that grantee under 
this section. . 
(6) The importation into New Zealand,-
(a) From a country that is not a UPOV country of produce 
of a protected variety; or 
(b) From a UPOV country of produce of a protected variety 
in respect of which, under the law of that country, 
it is not possible to make the equivalent of a grant,-12 Plant Variety· Rights IP IN I lINZL/P 13 
Page 13 
1987, No. 5 
without the consent of the grantee is an infringement of the 
grantee's rights under this section. 
(7) The sale under the denomination of a protected variety 
of reproductive material of some other variety constitutes an 
infringement of the rights under this section of the grantee of 
that protected variety, unless the groups of plants to which 
those varieties belong are internationally recognised as being 
distinct for the purposes of denomination. 
(8) Where, in any proceedings for the infringement of the 
rights under this section of a grantee, it is proved or admitted 
that an infringement was committed but proved by the 
defendant that, at the time of that infringement, the defendant 
was not aware and had no reasonable grounds for supposing 
that it was an infringement, the plaintiff shall not be entitled 
under this section to any damages against the defendant in 
respect of that infringement, but shall be" entitled instead to 
an account of profits in respect of that infringement. 
(9) Nothing in subsection (8) of this section affects any 
entitlement of a grantee to any relief in respect of the 
infringement of that grantee's rights under this section other 
than damages. 
C£ 1973, No. 37, s. 22 
18. Exceptions to grantees' rights-Notwithstanding 
section 17 of this Act, any person may-
(a) Propagate, grow,or use a protected variety, for non­
commercial purposes; or 
(b) If the production of the hybrid or new variety concerned 
does not require repeated use of that varietx-,-
(i) Hybridise, or produce a new variety from., a 
protected variety; or 
(ii) Sell any hybrid of, or new variety produced 
from, a protected variety; or 
(c) Use reproductive material from a protected variety for 
human consumption or other non-reproductive 
purposes. 
C£ 1973, No. 37, s. 22 (3) 
19. Licences-The holder of a licence from a grantee shall 
have the same rights as that grantee to take proceedings in 
respect of any infringement of the rights of that grantee in 
respect of the variety concerned affecting the rights given under 
that licence and committed after it was granted. 
C£ 1973, No. 37, s. 10 (1) IPINIl INZL/P 13 
Page 14 
1987, No. 5 Plant Variety Rights 
20. Notice of protection-(I) Any person who-'13 
(a) Has acquired rights in respect of a variety under 
section 9 (I) or section 1 7 of this Act; and 
(b) Sells any reproductive material of that variety,-
shall take all reasonable steps, by means of suitable labelling 
or other identification of that material, to inform the purchaser 
conceITled of those rights. 
(2) In determining, for the purposes of section 1 7 (8) of this 
Act, whether or not any person had reasonable grounds for 
supposing that any action was an infringement of the rights 
of a grantee, a Court may take into account the extent (if any) 
to which that grantee or, as the case requires, the licensee 
conceITled had complied with subsection (1) of this section in 
respect of any material in respect of which, or in respect of 
material propagated from which, that infringeIllent occurred. 
21. Cotnpulsory licences and sales-(I) Any person may 
at any tirne after the expiration of 3 years from the making 
of a grant, on payment of the prescribed fee request the 
Commissioner to consider whether or not reasonable quantities 
of reproductive Illaterial of a reasonable quality of the variety 
concerned are available for purchase by Illernbers of the public 
at a reasonable price. 
(2) Where a request is made under subsection (I) of this 
section, the Commissioner shall give the grantee concerned 
notice of it and a reasonable time to be heard in relation to 
it, and if, after considering any submissions made to the 
Commissioner by that grantee within that time, the 
Commissioner is satisfied there are not available for purchase 
by members of the public at a reasonable price reasonable 
quantities of reproductive material of reasonable quality of the 
variety conceITled, the Commissioner shall issue to the person 
who made that request one or both of the following: 
(a) A compulsory licence for the reproduction and sale of 
reproductive material of that variety: . 
(b) An order requiring that grantee to sell to that person 
reproductive material o~ that variety. 
(3) In considering whether or not there are available to 
members of the public at a reasonable price reasonable 
quantities of reproductive material of reasonable quality of a 
variety, the Comrnissioner shall not take into account any 
reproductive material that is available only subjec;t to the 
condition that all or any of the produce from that materia:! 
must be sold or offered to a specified person, or to one of a 
specifed group of persons, or to a rnember of a specified class 
or description of person. 14 Plant Variety Rights IP/N/1/NZL/P/3 
Page 15 
1987, No. 5 
(4) A licence or order issued under subsection (2) of this 
section shall be in writing, and sealed with the seal of the 
Office. 
(5) When issuing a licence or order under subsection (2) of 
this section, the COIllmissioner shall specify a royalty or 
paYIllent, or a Illeans of calculating a royalty or paYIllent, 
payable by the licensee or purchaser concerned to the grantee 
concerned (being, in the opinion of the Commissioner, a royalty 
or paYIllent that is, or a means that will produce a royalty or 
paYIllent that is, in all the circuIllstances, equitable) and-
(a) It shall be a condition of that licence or order that that 
licensee or purchaser shall pay to that grantee that 
royalty or paYIllent or a royalty or paYIllent so 
calculated (as the case requires); and 
(b) That licence or order shall be subject to any· other tenns 
and conditions the COIllIllissioner thinks fit. 
(6) A licence or order issued under subsection (2) of this 
section shall have effect according to its tenor as if it were a 
contract voluntarily entered into by the grantee and the other 
person conceIned. 
(7) Subject to the provisions of this Act, the Commissioner 
Illay at any tiITle-
(a) On the application of any person; and 
(b) If the COITlIllissioner thinks it appropriate,-
limit, vary, extend, or revoke, a licence or order issued under 
subsection (2) of this section. 
(8) As soon as is possible after issuing a licence or order 
under subsection (2) of this section, or liIlliting, varying, 
extending, or revoking, any such licence or order, the 
Commissioner shall publish in the Journal brief details of the 
action taken. 
C£ 1973, No. 37, s. 23 
22. Use of denoinination-Any person who sells 
reproductive Illaterial of-
(a) A protected yariety; or 
(b) A variety ~hat was a p:otect~d variety until the grant 
. made 111 respect of It expIred,-
shall use its denomination, and shall not associate any trade 
III ark, trade name, or other similar indication with that 
denomination unless that denomination is clearly recognisable. IP IN 11 INZL/P 13 
Page 16 
1987, No. 5 Plant Variety Rights '15 
PART 11 
ApPEALS 
28. Rights of appeal-(I) Any person affected by a decision 
of the Comrrlissioner to decline to make a grant rrlay, within 
28 days after being given notice of that decision by the 
~ommissioner, appeal against that decision. 
(2) Any person affected by a grant may, at any time, appeal 
against the making of that grant uron the ground that that 
grant was made in contravention 0 this Act. 
(3) Where the Commissioner cancels a grant under section 
13 of this Act, the grantee may, within 28 days after being 
given notice of the cancellation by the Commissioner, appeal 
against that cancellation on the ground that it has not been 
established that, if that grant had not already been made, some 
other person making an application in respect of the variety 
concerned would, by virtue of section 12 of this Act, be entitled 
to a grant in respect of that application. 
(4) Any person affected by any decision of the Commissioner 
(not being a decision referred to in any of subsections (1) to 
(3) of this section)-
(a) Relating to an application or the cancellation of a grant; 
or 
(b) Imposing any condition in respect of a grant; or 
(c) Declining to rrlodify any aspect of a grant; or 
(d) Refusing to issue a licence or order under section 21 (2) 
of this Act,-
may, within 28 days after being given noti<;:e of that decision 
by the Commissioner, appeal against that decision. 
(5) Subject to subsection (7) of this section, the owner of a 
protected variety may appeal against any decision of the 
Commissioner to issue a licence or order under section 21 (2) 
of this Act in respect of that variety, or to extend or vary any 
such licence or order. 
(6) Subject to subsection (7) of this section, the person to 
whom a licence or order was issued under section 21 (2) of this 
Act may appeal against any decision of the COIIlIIlissioner to 
limit, vary, or revoke that licence or order, or to issue it subject 
to any terms or conditions. 
(7) No appeal under subsection (5) or subsection (6) of this 
section shall lie after the 28th day after the earlier of the 
following days: 
(a) The day on which the appellant is served with notice, or 
otherwise becomes aware, of the issue, extension, 
limitation, variation, or revocation, concerned: 16 Plant Variety Rights IP IN I 1/NZL/P 13 
Page 17 
1987, No. 5 
(b) The day on which notice of that issue, extension, 
lirllltation, variation, or revocation was first published 
in the Jourrlal under section 21 (8) of this Act. 
Cf. 1973, No. 37, s. 26; 1979, No. 29, s. 12 
24. Appeals to be tnade to District Court-Every appeal 
under section 23 of this Act shall be made to a District Court 
by-
(a) Filing a notice of appeal in the prescribed form in the 
District Court nearest the Office; and 
(b) Serving a copy of that notice on the Commissioner. 
25. Assessors-(l) If a District Court Judge is satisfied 
(whether or not on the application of any party to that appeal) 
that any appeal under section 23 of this Act involves the 
consideration of technical or specialised matters, and that it 
would be desirable for a person with expert knowledge of 
those matters to be an assessor in relation to that appeal, the 
following provisions shall apply: 
(a) The Judge shall, consult the parties to the appeal as to a 
suitable person to be an assessor in relation to the 
appeal: 
(b) If the Judge and those parties agree on a suitable person, 
the Judge shall appoint that person to be an assessor 
in relation to that appeal: 
(c) If the Judge and those parties do not agree on a suitable 
person, the Judge may appoint to be an assessor in 
relation to that appeal any person the Judge thinks 
suitable: 
(d) An assessor appointed under this subsection shall sit with 
the Judge during the appeal, but shall have'no power 
of decision in relation to the appeal. 
(2) A District Court Judge may appoint 2 or more assessors 
under subsection (1) of.this section in respect of a single appeal 
if satisfied that the nature of the technical or specialised matters 
concerned so warrants. 
(3) No appointment of an assessor under subsection (1) of 
this section shall, in any proceedings, be called into question 
on 'the grounds that the occasion for that appointment had 
not arisen or had ceased. 
(4) Every assessor appo.inted under subsection (1) of this 
section is entitled to receive-
(a) Remuneration by way of fees, salary, or allowances, for 
that assessor's services as assessor; and 
(b) Payment of travelling allowances or expenses in respect 
of time spent travelling in connection with IP IN 11 INZL/P 13 
Page 18 
1987, No. 5 Plant Variety Rights 
undertaking services as assessor,-17 
as if a District Court is a statutory Board within the meaning 
of the Fees and Travelling Allowances Act 1951. 
(5) Subject to subsection (6) of this section, a District Court, 
after hearing an appeal under section 23 of this Act, may­
(a) Confirm. the decision appealed against; or 
(b) Modify or reverse that decision or any part of it. 
(6) Nothing in subsection (5) of this section authorises a 
District Court to review any decision of the Commissioner, or 
any part of a decision of the Com.m.issioner, if no appeal has 
been made against that decision or part. 
26. Procedure-In dealing with an appeal under section 23 
of this Act,-
(a) A District Court may hear all evidence tendered and 
representations made by or on behalf of any party 
to that appeal that that Court considers relevant to 
that appeal, whether or not that evidence would be 
otherwise admissible in that Court: 
(b) Subject to section 24 of this Act and to paragraph (a) of 
this section, the District Courts Rules 1948 shall apply 
to that appeal: 
(c) Except as provided in this Act, a District Court shall 
determ.ine its own procedure in relation to the 
determ.ination of that appeal. 
27. Suspension of decision while appeal pending-Where 
any person has appealed against any decision of the 
Commissioner, the operation". of that decision. shall be 
suspended until the appeal concerrled has been finally disposed 
o£ 
C£ 1973, No. 37, s. 31 
PART III 
PLANT VARIETY RIGHTS OFFICE 
28. Plant Variety Rights Office-(l) The Director-General 
may from time to time, by notice in the Gazette., appoint a 
place to be the Plant Variety Rights Office . 
. (2) The Director-General may from time to time, by notice 
~ the Gazette, fix the hours during which the Office shall be 
open for the transaction of public business under this Act, and 
may authorise the closing of the Office for the transaction of 
public business on any day. 18 Plant Variety Rights JP 1Nl 1 INZL/P 13 
Page 19 
1987, No. 5 
(3) Where the time prescribed for doing any act or taking 
any proceeding under this Act expires on a day on which the 
Office is not open and the act or proceeding cannot therefore 
be done or taken on that day, that act or proce<eding shall be 
deemed to be in time if it is done or taken on the next day 
on which the Office is open. 
Cr. 1973, No. 37, s. 5 
29. Seal of Office-(l) There shall be a seal of the Office, 
whose affixing to any document shall be authenticated by the 
signature of the Cornrnissioner. 
(2) Every Court and person acting judicially shall take judicial 
notice of-
(a) The seal of the Office; and 
(b) The appointment and signature of the Commissioner and 
every Assistant Corrunissioner. 
(3) For the purposes of subsection (2) of this section, the terms 
"Court" and "person acting judicially" shall have the meanings 
assigned to them by the Evidence Act 1908. 
Cr. 1973, No. 37, s. 6 
80. COJIl.Inissioner, Assistant COInInissioners, and 
officers-(l) There may from tirne to time be appointed under 
the State Services Act 1962-
(a) A Commissioner of Plant Variety Rights: 
(b) One or more Assistant Comrnissioners of Plant Variety 
Rights, who shall be under the control and direction 
of the Cornrnissioner. 
(2) All persons appointed under subsection (1) of this section 
shall be officers or employees of the Ministry, and. any such 
appointment under that subsection rnay be held either 
separately or in conjunction with any other office in the 
Ministry. 
(3) The Director-General may from time to time designate 
any officer or employee of the Ministry an officer of the Office; 
and any person so designated may hold any other office in 
the Ministry at the same time. 
Cr. 1973, No. 37, s. 7 
81. Officers and e:rnployees not to acquire interests in 
grants-( 1) This subsection applies to every person who is, or 
during the previous 12 months was, the Commissioner, an 
Assistant Commissioner, or a person designated under section 
30 (3) of this Act. 
(2) No person to whom subsection (1) of this section applies 
shall apply under this Act for a grant, or acquire any right or IP IN I lINZL/P 13 
Page 20 
1987, No. 5 Plant Variety Rights 19 
interest in any grant directly or indirectly, except under a will 
or on an intestacy. 
C£ 1973, No. 37, s. 9 
82. Advisory and technical conunittees, and technical 
advisors-(I) The Director-General nlay frOnl tinle to tinle 
appoint advisory or technical COnln1ittees of one or nlore 
persons as the Director-General thinks fit to advise or assist 
the COnlnlissioner for such purposes and during such periods 
as the Director-General thinks desirable. 
(2) A person nlay be appointed to be a nlenlber of any 
committee appointed under this section whether or not that 
person is an officer or eInployee of the Ministry or otherwise 
holds an appointment under the State Services Act 1 962. 
(3) Any person appointed under subsection (I) of this section 
who has an interest directly or indirectly connected with any 
application or matter to be considered by the cOIlln1ittee of 
which that person is a member shall, as soon as is possible 
after the relevant facts have COnle to that person's knowledge, 
disclose the n4ture of that interest to the COnlmissioner and, 
except as otherwise allowed by the COnlnlissioner, shall not 
take part after the disclosure in any deliberation or decision 
relating to that application or nlatter. 
(4) The Director-General may appoint, or nlay authorise the 
Comnlissioner to appoint, persons who are not officers or 
employees of the Ministry as technical advisors to assist the 
COnlmissioner in carrying out any tests or trials that the 
COInmissioner considers necessary for the purposes of this Act 
or in assessing the results of any tests or trials (whether carried 
out by the Commissioner or not) that the Commissioner 
considers relevant to those purposes. 
(5) The Director-General may, from money appropriated by 
Parliament for the purpose, pay to the rneInber or members 
of any committee, or to any technical advisor, appointed under 
this section such fees, salary, allowances, and expenses as the 
Minister from time to t:irne approves. 
C£ 1973, No. 37, s. 8 
88. Delegations-(I) The Commissioner may from time to 
tinle, by writing under the Com.m.issioner's hand, generally or 
particularly or subject to conditions, delegate to such officer 
or officers or enlployee or employees of the Ministry for the 
tinle being designated under section 30 (3) of this Act as the 
Commissioner thinks fit all or any of the powers conferred on 
the COnlnlissioner by or under this Act or any other Act, 20 Plant Variety Rights IP/N/1/NZL/P/3 
Page 21 
1987, No. 5 
including any powers delegated under any other Act, but not 
including any power to appoint technical advisors under section 
32 (4) of this Act or this present power of delegation. 
(2) Every delegation under this section shall be revocable, 
and no such delegation shall prevent the exercise of any power 
by the Commissioner. 
(3) A delegation under this section shall, until revoked, 
continue in force according to its tenor, notwithstanding the 
fact that the Commissioner by whom it was made may have 
ceased to hold office, and shall continue to have effect as if 
made by the successor in office of that Commissioner; but if 
the holder of a specified office to whom any such delegation 
has been made ceases to hold office, it shall expire. 
(4) Every person purporting to act pursuant to any delegation 
under this section shall, in the absence of proof to the contrary, 
be presumed to be acting in accordance with the terms of that 
delegation. 
Cf. 1 973 , No. 3 7, s. 1 0 
84. Plant Variety ·Rights Journal-(I) The Commissioner 
shall from time to time, as circumstances require, issue a 
journal, to be called the Plant Variety Rights Journal. 
(2) The Commissioner shall publish in the J ournal-
(a) Notice of every decision of the Commissioner to make 
or decline to make a grant, and all prescribed 
particulars relating to applications and grants; and 
(b) Any other matters and information relating to plant 
varieties or plant variety rights whose publication 
appears to the Commissioner to be important or 
useful. 
Cf. 1973, No. 37, ss. 11, 12 
PART IV 
MISCELLANEOUS PROVISIONS 
85. Service of notices, etc:-(I) Where any notice has to be 
given or any document has to be served under this Act, it may 
be given or served by-
(a) Delivering it to the person to whom it has to be given 
or on whom it has to be served; or 
(b) Leaving it at the usual o~ last known place of abode or 
address for service in New Zealand of that person; 
or 
(c) Sending it by post in a registered letter addressed to that IP IN 11 INZL/P 13 
Page 22 
1987, No. 5 Plant Variety Rights 21 
person at that person's usual or last known place of 
abode or address for service in New Zealand. 
(2) Where a. notice or document is sent by post in the manner 
described in subsection (1) (c) of this section, it shall be deemed 
to have been given or served at the time at which the letter 
would have been delivered in the ordinary course of post. 
C£ 1973, No. 37, s.32 
86. Fees and refunds-(I) Subject to this Act, there shall be 
paid in respect of grants and applications, and in respect of 
other matters relating to grants arising under this Act, the fees 
. (if any) from time to time prescribed; and all such fees shall 
be paid into the Public Account to the credit of the Consolidated 
Account. 
(2) Any sum paid to the Commissioner in error or in excess 
of the sum properly payable may be refunded by the 
COIllIllissioner, and all money so refunded shall be paid out 
of the Consolidated Account without further appropriation than 
this Act. 
C£ 1973, No. 37, s.34 
87. Offences and penalties-(I) Every person who, in an 
application or in an attachment to an application, supplies with 
intent to deceive any false or misleading information commits 
an offence. 
(2) Every person who falsely represents that any person is 
the owner of a protected variety or that any person has applied 
for a grant in respect of any variety, cOIllmits an offence. 
(3) Every person selling material of a variety who falsely 
represents-
(a) That that. variety is a protected variety or a variety in 
respect of which an application has been Illade; or 
(b) That that material is material of some other variety (being 
a variety that is a protected variety or a variety in 
respect of which an application has been made)­
COIllIllits an offence. 
(4) Every person who wilfully or negligently sells reproductive 
Illaterial in contravention of section 22 of this Act commits an 
offence. 
(5) Every person who, by using on that person's place of 
business or on any document issued by that person or 
otherwise the words "Plant Variety Rights· Office" or any other 
words, suggests that that person's place of business is or is 
officially connected with the Office commits an offence. 22 Plant Variety Rights IP/N/lINZL/P/3 
Page 23 
1987, No. 5 
(6) Every person who acts in contravention of section 31 (2) 
of this Act commits an offence. 
(7) Every person who commits an offence against this Act 
shall be liable on summary conviction to a fine not exceeding 
$1,000. 
(8) Part 11 of the First Schedule to the Summary Proceedings 
Act 1957 (as aIllended by section 35 (6) of the Plant Varieties 
Act 1973) is hereby consequentially amended by repealing the 
item that relates to the Plant Varieties Act 1973. 
Cf. 1973, No. 37, s. 35 
38. Regulations-The Governor-General may from time to 
time, by Order in Council, make regulations for all or any of 
the following purposes: 
(a) Regulating the business of the Office: 
(b) Regulating any matters placed under the direction or 
control of the Commissioner by this Act: 
(c) Prescribing the form and manner of applications and the 
form of diagranls, photographs, and other documents 
that may be filed in the Office; and requiring copies 
to be furnished of any such applications, surrenders, 
diagrams, photographs, and documents; and 
authorising the rectification or amendment of any of 
them: 
(d) Prescribing the quantity of seed required to accompany 
an application; and-
(i) Different quantities may be prescribed in respect 
of applications in respect of varieties of different 
kinds; and 
(ii) Quantities may be prescribed in respect of 
applications in respect of varieties of some kinds and 
not in respect of applications in respect of varieties 
of other kinds: 
(e) Regulating the procedure to be followed in connection 
with any application or request to the Commissioner 
or in copnection with any proceeding before the 
Commissioner, and authorising the rectification of 
irregularities of procedure: 
(f) Providing for the forfeiture of any priority given in respect 
of an application: 
(g) Prescribing any requirements for the entry of particulars 
in the register kept under section 14 (3) of this Act, 
and for corrections of recorded details: 
(h) Prescribing a fonn for appeals under section 23 of this 
Act: IP IN 11 INZL/P 13 
Page 24 
1987, No. 5 Plant Variety Rights 23 
(i) Authorising the preparation, publication, sale, and 
exchange of copies of diagrams, rhotographs, and 
documents in the Office, and 0 indexes to and 
ahridgrnents of them: 
U) Prescribing the lllode of publishing any matters required 
by this Act to be published: 
(k) Prescribing fees and charges for anything authorised by' 
this "Act: 
(1) Providing for the testing and treatment of varieties to 
which applications relate: . 
(lll) Prescribing the requirements to be met in selecting the 
denomination of varieties, and providing for the 
approval, rejection, or amendment of any 
denomination by the COlllmissioner: 
(n) Giving effect to the terms of any international agreelllent 
to which New Zealand is a party: 
(0) Providing for such matters as are contemplated by or 
necessary for giving full effect to the provisions of 
this Act and for its due administration. 
C£ 1973, No. 37, s. 37 
89. Transitional provisions-(l) The place appointed by 
the Minister as the Plant Varieties Office under the Plant 
Varieties Act 1973 shall be deemed to have been appointed 
the Office under section 28 of this Act on the commencement 
of this Act. 
(2) The person who, immediately before the commencement 
of this Act, was the Registrar of Plant Varieties under the Plant 
Varieties Act 1973 shall be deemed to have been appointed 
as the Commissioner on the commencement of this Act. 
(3) Every grant of plant selectors' rights made under the Plant 
Varieties Act 1973 and in force immediately before the 
COlllmencement of this Act shall remain in force in all respects 
as if this Act had been in force when it was made. 
(4) For the purposes of any action or proceedings taken in 
relation to a grant subsisting pursuant to subsection (3) of this 
section, or any amendmell.t or cancellation of such grant, the 
provisions of this Act shall apply as if that grant were a grant 
of plant variety rights under this Act. 
o (5) Every application for a grant of plant selectors' rights 
made under the Plant Varieties Act 1 973 and not determined 
before the commencement of this Act, shall be deemed to be 
an application under this Act, and shall be dealt with 
accordingly. 24 Plant Variety Rights IP IN 11 INZL/P 13 
Page 25 
1987, No. 5 
(6) Every grant of protective direction made under the Plant 
Varieties Act 1973 and in force immediately before the 
commencement of this Act shall be deemed to be provisional 
protection given under section 9 (1) of this Act, and shall be 
subject to the provisions of that section. 
40. Consequential atnendtnent-The Schedule to the 
Ministry of Agriculture and Fisheries Act 1953 (as substituted 
by section 4 (1) of the Ministry of Agriculture and Fisheries 
Amendment Act 1972 and from time to time thereafter 
amended) is hereby amended by omitting the item "The Plant 
Varieties Act 1973" (as inserted by section 36 of that Act), and 
substituting the item "The Plant Variety Rights Act 1987". 
41. Repeals and revocations-(I) The Plant Varieties Act 
1973 and the Plant Varieties Am.endment Act 1979 are hereby 
repealed. 
(2) The Plant Varieties Appeal Authority established under 
section 25 of the Plant Varieties Act 1973 is hereby abolished. 
(3) The following Orders in Council are hereby revoked: 
(a) The Plant Varieties Act Commencement Order 1 974: 
(b) The Plant Varieties Act Extension Order 1981. 
(4) Section 2 of the Scientific and Industrial Research Act 
1974 is hereby consequentially amended by repealing the 
definition of the term "breeder". 
SCHEDULE 
Section 3 
PLANTS TO WHICH ACT ApPLIES 
All plants other than algae, bacteria and fungi. 
Tllis. Act is administered in the Ministry of Agriculture and Fisheries. 
WEll.INGTON, NEW ZEALAND: Printed under the authority of the 
New Zealand GbvelTlmenl by V. R. WARD. GovelTlment Printer-l 98 7 
67611B~87PT/ML51·56 IP IN 11 INZL/P 13 
Page 26 
1990 Plant Variety Rights Amendment No. 82 
ANALYSIS 
1. Short Title 
Title 2. Interpretation 
1990, No. 82 
An Act to atIlend the Plant Variety Rights Act 1987 
[1 August 1990 
BE IT ENACTED by the Parliament of New Zealand as follows: 
1. Short Title-This Act may be cited as the Plant Variety 
Rights Amendment Act 1990, and shall be read together with 
and deemed part of the Plant Variety Rights Act 1987 
(hereinafter referred to as the principal Act). ' 
2. Interpretation-( 1) Section 2 of the principal Act is 
hereby amended by repealing the definitions of the terms 
"Director-General", "Minister", and "Ministry", and inserting, 
in their appropriate alphabetical order, the following 
definitions: 
" 'Minister' means the Minister of the Crown for the time 
being responsible for the administration of this Act: 
" 'Ministry' means the department of State for the time 
being responsible for the administration of this Act: 
" 'Secretary' means the chief executive of the Ministry:". 
(2) Sections 28 (1), 28 (2), 30 (3), 32 (1), 32 (4), and 32 (5) of 
the princip,al Act are hereby consequentially anlended by 
omitting the expression "Director-General", in each place 
where it appears, and substituting, in each case, the word 
"Secretary' . 
Public-82 Price Code: 2-A 2 Plant Variety Rights Amendment IP IN 11 INZL/P 13 
Page 27 
-1990, No. 82 
(3) On the commencement of this Act, every person then 
holding office as Commissioner or Assistant Commissioner shall 
be deemed to have become an employee of the Ministry of 
Commerce. 
(4) Section 41 of the principal Act is hereby repealed. 
This Act is administered in the Ministry of Commerce. 
WELLINGTON, NEW ZEALAND: Published under the authority of the 
New Zealand Government-l 990 
18556D-90/NS IP IN 11 INZL/P 13 
Page 28 
1994 
Title Plant Variety Rights Amendment No. 52 
ANALYSIS 
1. Short Title 
2. Interpretation 
1994, No. 52 
An Act to aDlend the Plant Variety Rights Act 1987 
[1 July 1994 
BE IT ENACTED by the Parliament of New Zealand as follows: 
1. Short Tide-This Act may be cited as the Plant Variety 
Rights Amendment Act 1994, and shall be read together with 
and deemed part of the Plant Variety Rights Act 1987 
(hereinafter referred to as the principal Act). 
2. Interpretation-( 1) Section 2 of the principal Act is 
hereby amended by repealing the definition of the term 
"plant", and substituting the following definition: 
" 'Plant'-
"(a) Includes a fungus; but 
"(b) Does not include an alga or a bacterium:". 
(2) Section 2 of the principal Act is hereby further amended 
by omitting the definition of the term "variety", and 
substituting the following definition: 
"'Variety' means a cultivar, or cultivated variety, of a 
plant, and includes any clone, hybrid, stock, or line, 
of a plant; but does not include a botanical variety of 
a plant." 
(3) Section 3 of, and the Schedule to, the principal Act are 
hereby consequentially repealed. 
This Act is administered in the Ministry of Commerce. 
Public-52 
WEUINGTON. NEW ZEALAND: Publish~d under the authority of the 
New Zealand Government-1994 Price Code: 2-A 
54725J-94/NS 