New Zealand Legislation: Acts

2 Interpretation

• In this Act, unless the context otherwise requires,—

  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 Commissioner of Plant Variety Rights appointed under section 30(1)(b) of this Act:

  Commissioner means the Commissioner of Plant Variety Rights appointed in accordance with section 30(1)(a) of this Act; and includes an Assistant Commissioner

  Convention party means an entity that for the time being—

  • (a) Is declared by an order under section 38A to be a convention party for the purposes of this Act; or

  • (b) Is a contracting party to the body that, on the commencement of the Plant Variety Rights Amendment Act 1999, was known as the International Union for the Protection of New Varieties of Plants (constituted under the international agreement then called the International Convention for the Protection of New Varieties of Plants):

  Convention party: this definition was inserted, as from 14 October 1999, by section 2(2) Plant Variety Rights Amendment Act 1999 (1999 No 122).

  Denomination, in relation to any protected variety, or 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

  [Repealed]

  Director-General: this definition was repealed, as from 1 August 1990, by section 2(1) Plant Variety Rights Amendment Act 1990 (1990 No 82).

  Grant means a grant of plant variety rights under this Act

  Grantee means 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

  [Repealed]

  International Agreement: this definition was repealed, as from 14 October 1999, by section 2(2) Plant Variety Rights Amendment Act 1999 (1999 No 122).

  Journal means the Plant Variety Rights Journal required to be published by section 34(1) of this Act

  Minister means the Minister of the Crown for the time being responsible for the administration of this Act

  Minister: this definition was substituted, as from 1 August 1990, by section 2(1) Plant Variety Rights Amendment Act 1990 (1990 No 82).

  Ministry means the department of State for the time being responsible for the administration of this Act

  Ministry: this definition was substituted, as from 1 August 1990, by section 2(1) Plant Variety Rights Amendment Act 1990 (1990 No 82).

  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—

  • (a) Includes a fungus; but

  • (b) Does not include an alga or a bacterium:

  Plant: this definition was substituted, as from 1 July 1994, by section 2(1) Plant Variety Rights Amendment Act 1994 (1994 No 52).

  Protected variety means a variety in respect of which a grant is in force

  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

  Secretary means the chief executive of the Ministry

  Secretary: this definition was inserted, as from 1 August 1990, by section 2(1) Plant Variety Rights Amendment Act 1990 (1990 No 82).

  UPOV country

  [Repealed]

  UPOV country: this definition was repealed, as from 14 October 1999, by section 2(2) Plant Variety Rights Amendment Act 1999 (1999 No 122).

  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.

  Variety: this definition was substituted, as from 1 July 1994, by section 2(2) Plant Variety Rights Amendment Act 1994 (1994 No 52).

  Compare: 1973 No 37 s 2