(SR 1988/101)
Paul Reeves, Governor-General
At Wellington this 16th day of May 1988
Present: His Excellency the Governor-General in Council
Pursuant to section 38 of thePlantVarietyRightsAct 1987,HisEx cellency the Governor-General, acting by and with the advice and consentoftheExecutiveCouncil,herebymakesthefollowingregulations.
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
Page
1 Title and commencement 3 2 Interpretation 3
3 Applications to be completed in English 3 4 Applications to be legible 3 5 Quantities of seed to be provided with applications 3 5A Colour photographs to be supplied with certain 4 applications 6 Prescribed periods for giving descriptions, material, and 4 information 7 Requirements for proposed denominations 5 8 Matters requested to be published in Journal 5 9 Matters required to be recorded in register 6
Part 2 Plant Variety Rights Office
10 Inspection of register 6 11 Copies of entries in register 7 12 Commissioner may correct mistakes 7 13 Commissioner may replace lost documents 7 14 Date of surrender of grant 7 15 Applications by agents 7
Part 4 Compulsory licences and sales
17 Information to be supplied 8 18 Notice to be given 9
19 Period for payment of annual grant fee 9 20 Revocations 9
Schedule 1 9 Quantities of seed to accompany applications
Reprinted as at1 January 2002 | Plant Variety Rights Regulations 1988 | Part 1 r 5 |
Schedule 2 | 10 | |
Regulations revoked |
Regulation 5A: inserted, on 22 May 1997, by regulation 2 of the Plant Variety Rights Amendment Regulations 1997 (SR 1997/67).
(1) Where a variety is to be subject to test trials by the applicant, under the control of the applicant, or by or under the control of a person who is not independent of the applicant,—
missionerallowsafterbeingrequestedbytheCommissioner to do so.
(2) Subject to subclause (1), an applicant must give the Commissioner—
5(3) of the Act,— within 12 months, or any longer period the Commissioner allowsaftermakingtheapplicationor,asthecaserequires,after being requested by the Commissioner to do so.
The Commissioner must record in the register, in relation to each grant,—
The Commissioner must hold the register open for public inspection whenever the Office is open for the transaction of public business under the Act.
11 Copies of entries in register The Commissioner must, on payment of the prescribed fee (if any), provide any person with a copy of any entry in the register.
A surrender of a grant shall take effect from the later of—
15 Applications by agents Where an application purports to be made by an agent for a principal,—
Apersonwhounder section21(1) oftheActrequeststheCommissioner to consider whether or not reasonable quantities of reproductive material of a reasonable quality of a variety are available for purchase by members of the public at a reasonablecostmustdosoinwriting,andmustsupplytheCommissioner with information and arguments to assist the Commissioner to arrive at a conclusion.
18 Notice to be given As soon as is possible after issuing a licence or order under section 21(2) of the Act, or limiting, varying, extending, or revokingsuchalicenceororder,theCommissionermustgive the grantee of the variety concerned, and the person in whose favour it was issued, notice of the action taken.
20 Revocations
Schedule1: substituted,on1January2002,byregulation4ofthePlantVariety Rights Amendment Regulations 2001 (SR 2001/359).
Seed | Seed in ears | |
---|---|---|
Description of variety | (g) | (ears) |
Arable crops and vegetables | ||
peas | 3 000 | — |
beans, lentils, lupins, and | 2 000 | — |
maize | ||
barley, oats, ryecorn, triticale, | 2 000 | 100 |
and wheat | ||
linseed and sunflower | 1 000 | — |
Schedule 2 | Plant Variety Rights Regulations 1988 | Reprinted as at1 January 2002 | |
---|---|---|---|
Description of variety beets | Seed (g) 500 | Seed in ears (ears) — | |
asparagus, borage, and cucurbits | 100 | — | |
allium, amaranthus, capsicum, chicory, forage brassicas, phacelia, and radish carrot, lettuce, brassicas (other than forage brassicas), parsnip, and tomato | 50 30 | — — | |
evening primrose Grasses | 10 | — | |
brome and ryegrass cocksfoot, crested dogstail, fescue, koeleria, and paspalum bents, phalaris, and yorkshire fog Other pasture plants serradella and sulla | 500 50 10 100 | — — — — | |
lotus, lucerne, plantain, and red clover | 50 | — | |
yarrow | 25 | — | |
white clover | 10 | — |
Schedule 2 r 20 Regulations revoked Plant Varieties Regulations 1975 (SR 1975/138) Plant Varieties Regulations, Amendment No 1 (SR 1975/238) Plant Varieties Regulations, Amendment No 2 (SR 1980/134) Plant Varieties Regulations, Amendment No 4 (SR 1986/341)
Marie Shroff, Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 19 May 1988.
1 General
2 Status of reprints
3 How reprints are prepared
4 Changesmadeundersection17CoftheActsandRegulations Publication Act 1989
5 List of amendments incorporated in this reprint (most recent first)
Notes
ThisisareprintofthePlantVarietyRightsRegulations1988. Thereprintincorporatesalltheamendmentstotheregulations as at 1January 2002,as specified inthe list ofamendmentsat the end of these notes.
Relevantprovisionsofany amending enactments thatcontain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumesofstatutesorstatutoryregulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.
Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997,andareongoing. Totheextentpermittedbysection17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
Inoutline,theeditorialchangesmadeinreprintsundertheauthorityof section17C oftheActsandRegulationsPublication Act1989aresetoutbelow,andtheyhavebeenapplied,where relevant, in the preparation of this reprint:
• omission of unnecessary referential words (such as “of this section” and “of this Act”)
Plant Variety Rights Amendment Regulations 2001 (SR 2001/359) Plant Variety Rights Amendment Regulations 1997 (SR 1997/67)
Wellington, New Zealand: Published under the authority of the New Zealand Government—2011