Act Repealed Latest version as at 24 January 2023 | 1999 No 122 | Administered by Ministry of Business, Innovation, and Employment

Plant Variety Rights Amendment Act 1999

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Contents

Short Title

Orders in Council as to convention parties

Consolidation notes

Version as at 24 January 2023

Plant Variety Rights Amendment Act 1999

Public Act		1999 No 122
Date of assent		14 October 1999

Plant Variety Rights Amendment Act 1999: repealed, on 24 January 2023, pursuant to section 158(1) of the Plant Variety Rights Act 2022 (2022 No 61).

Note

Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.

This Act is administered by the Ministry of Business, Innovation, and Employment.

	Title
1	Short Title
2	Orders in Council as to convention parties
	Notes

An Act to amend the Plant Variety Rights Act 1987

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 1999, and is part of the Plant Variety Rights Act 1987 (the principal Act).

2 Orders in Council as to convention parties

(1)

The principal Act is amended by inserting, after section 38, the following section:

38A

For the purpose of giving effect to any international agreement or arrangement to which New Zealand is a party or that applies to New Zealand, the Governor-General may by Order in Council declare that any entity specified in the order that is a party to the agreement or arrangement or to which the agreement or arrangement applies (whether a state, part of a state, a territory for whose international relations a state is responsible, a political union, an international organisation, or any other entity) is a convention party for the purposes of this Act.

(2)

Section 2 of the principal Act is amended by repealing the definitions of the terms international agreement and UPOV country, and inserting, after the definition of the term Commissioner, the following definition:

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):

(3)

Section 12(1) of the principal Act is amended by repealing paragraphs (a) and (b), and substituting the following paragraphs:

(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,—

(i)

After a convention party that is a state, part of a state, or a territory for whose international relations a state is responsible most recently became a convention party, made in and under the law of that convention party an equivalent application that has been accepted; or

(ii)

After a convention party that is not a state, part of a state, or a territory for whose international relations a state is responsible most recently became a convention party, made under the rules of that convention party an equivalent application that has been accepted; and

(b)

That application for a grant in New Zealand is made not more than 12 months after that equivalent application (or, if more than 1 equivalent application has been made, whether in or under the rules of several convention parties, the earliest of them) was made; and

(4)

Section 17(6) of the principal Act is amended by omitting from paragraphs (a) and (b) the words “UPOV country”, and substituting in each case the words “convention party”.

Consolidation notes

1 General

This is a consolidation of the Plant Variety Rights Amendment Act 1999 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this consolidation

This consolidation is not an official version of the legislation under section 78 of the Legislation Act 2019.

3 Amendments incorporated in this consolidation

Plant Variety Rights Act 2022 (2022 No 61): section 158(1)

Plant Variety Rights Amendment Act 1999