Industry celebrates New Zealand’s latest amendment to the Plant Variety Rights Act
Kiwifruit giant Zespri and apple breeder and producer T&G Global celebrated the latest amendment to New Zealand’s Plant Variety Rights (PVR) Act of 2022.
Changes to the regulation were announced by the Aotearoa Government in mid-May, in an effort to underpin high‑value exports, regional jobs, and global demand for New Zealand produce.
“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,” said the country’s Trade and Investment and Agriculture Minister, Todd McClay, in the announcement.
Image courtesy of T&G Global | Archive
The state official explained that in 2024, 75 percent of kiwifruit export returns came from PVR‑protected varieties, totaling NZ$2.6 billion ($1.52 billion). In the apple category, the figure is an estimated NZ$538.5 million ($314.4 million), accounting for 55 percent.
“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,” McClay continued.
Three ways to strengthen PVR in New Zealand
The latest changes to the Plant Variety Rights Act of 2022 introduce three specific updates.
The first and most powerful amendment is the extension of the maximum term of plant variety rights by five years for both existing and new rights.
Commerce and Consumer Affairs Minister Cameron Brewer added that according to Zespri’s projections, extending the PVR term by five years for SunGold Kiwifruit alone would translate into nearly NZ$1.8 billion ($1.05 billion) from the time of the extension.
This, he said, would benefit not only the industry but also the scientific muscle behind the innovation driving these PVR-protected cultivars.
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Second, the bill will reinstate enforcement during provisional protection. This, the government said, will provide breeders with improved coverage from day one of their rights application.
“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,” he added.
Finally, the amendment updates patent fee frameworks to support a more sustainable system and help keep PVR fees stable over time.
“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,” Minister McClay concluded.
Praise from the industry
Zespri, the leading kiwifruit producer in the world and a true force in the New Zealand economy, celebrated the government announcement.
In a press release, company CEO Jason Te Brake said that “the changes will deliver real benefits for New Zealand by protecting growers, backing innovation, growing exports, and supporting regional jobs and communities.”
Te Brake noted that during the 2024/25 season alone, kiwifruit returned NZ$3 billion ($1.75 billion) directly to growers, and that the creation of high-revenue PVR-protected varieties is the result of decades of investment in research and development.
Image courtesy of Zespri | Archive
“Stronger plant variety rights would help the industry invest with confidence, protect value, and bring more high-value varieties to market,” Te Brake added.
T&G Global, the company behind the worldwide successful apple brand Envy, also welcomed the amendment. Company CEO Gareth Edgecombe echoed the Zespri executive’s statements, emphasizing the significant work and investment behind these commercial ventures.
“Our premium Envy-branded apple took 20 years of breeding and testing, followed by years of investment by T&G in building an integrated end-to-end value chain and premium global brand,” he explained in a press release. “Within this, our network of growers has invested considerably in plantings and building highly productive commercial orchards. Protecting this investment through a strong IP protection regime is essential.”
The New Zealand government said the PVR Amendment Bill is expected to be introduced later this year. Meanwhile, the country’s Intellectual Property Office (IPONZ) will provide further information for rights holders and applicants as details are confirmed.
*Images courtesy of Zespri and T&G Global.
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