New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Every application shall be made on a form approved by the Commissioner; and shall—
(a) Be accompanied by—
(i) The quantity of seed (if any) prescribed in respect of varieties of the kind concerned; and
(ii) A technical questionnaire, supplied by the Commissioner and completed by the applicant, in respect of the botanical taxon to which the subject of the application belongs; and
(iii) Where required by regulations made under section 38 of this Act, colour photographs of material of the variety to which the application relates; 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 prescribed application fee.
(2) Within the prescribed period after making an application, the applicant shall give to the Commissioner—
(a) If required by the Commissioner, and 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
(iii) 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 Commissioner to do so, an applicant shall give to the Commissioner either or both of the following in relation to the application concerned:
(a) Such reproductive material of the variety concerned as the Commissioner specifies:
(b) Any other information that the Commissioner thinks relevant to that application and requests from 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 Commissioner shall notify in the Journal every proposed denomination for a variety given to the Commissioner by any applicant that, in the opinion of the Commissioner, complies with the prescribed requirements.
Compare: 1973 No 37 ss 14, 15(4), 16
Subsection (1) was substituted, as from 2 September 1996, by section 2(1) Plant Variety Rights Amendment Act 1996 (1996 No 141).
Subsection (2)(a) was amended, as from 2 September 1996, by section 2(2) Plant Variety Rights Amendment Act 1996 (1996 No 141) by substituting the words “If required by the Commissioner, and in”
for the word “In”
.