Hon Todd McClay
Minister for Trade and Investment
Minister of Agriculture

Hon Cameron Brewer
Minister of Commerce and Consumer Affairs

The Government is strengthening plant variety rights (PVR) to protect investments underpinning highvalue exports, regional jobs and global demand for New Zealand produce, Trade and Investment and Agriculture Minister Todd McClay and Commerce and Consumer Affairs Minister Cameron Brewer say.

“Highvalue horticulture relies on years, often decades, of breeding, testing and commercialisation. Strengthening the Plant Variety Rights Act 2022 gives New Zealand the intellectual property settings it needs to compete internationally, protect our investment and grow export returns,” Mr Brewer says.

“From drought-resistant grass seed that benefits pastoral farmers, to higher-yielding and better-tasting produce for New Zealanders and our export markets, these changes will provide vital support for growers,” Mr McClay says.

“In 2024, 75 per cent of the $3.5 billion in export returns from kiwifruit and an estimated 55 per cent of the $979 million in export returns from apples came from plant variety rightsprotected varieties. This shows the vital contribution that new plant varieties make to growing export earnings and taking us closer to New Zealand’s ambitious goal of doubling the value of exports in 10 years.

“A successful sector means thriving communities, economic growth, secure jobs and a prosperous.”

“Zespri’s projections show that extending the PVR term by five years for SunGold Kiwifruit alone would mean additional revenue of around $1.8 billion over five years from the time of the extension, to the kiwifruit industry and the Biosciences Science Institute,” Mr Brewer says.

“Growers will also benefit from additional returns as PVR varieties maintain their market value for longer, allowing growers to continue to build high value demand ahead of supply.

“Directly and indirectly we all benefit when our domestic growers are thriving.

“Breeding and importing new varieties can be a long, expensive and uncertain process. Breeders and importers take a significant risk, and we need to ensure they are supported in this process.”

The Government is also restoring provisional protection, so breeders are covered from day one of their rights application instead of when it is granted.

“This means plant breeders can take immediate legal action if new varieties are stolen and commercially exploited during the application process, which can take up to five years and sometimes much longer,” Mr Brewer says.

“By providing greater certainty and support, we are empowering plant breeders to keep innovating - driving economic growth and ensuring New Zealand remains competitive on the world stage,” Mr McClay says.

“The National-led Government is fixing the basics and building the future by making common-sense changes for industry that help support more opportunities for New Zealanders.” Mr Brewer says.

Notes:

• A PVR is essentially the plant-world equivalent of a patent.
• The Plant Variety Rights Act 2022 gives plant breeders and importers exclusive rights over new plant varieties for up to a maximum of 20 or 25 years, depending on the type of plant. This maximum period is being extended by five years and the extended term will be available to all new and existing registrations for rights-protected varieties This also extends to varieties registered under the 1987 Act, effectively extending their term by 7 years.
• The Government is also merging the patents and PVR fee-charging regimes administered by the Intellectual Property Office of New Zealand to create efficiencies and help limit fee increases for users of the smaller PVR regime.

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