Plant Variety Rights (PVRs) are presently available for varieties of any kind of plant other than bacteria. The word "variety" is used not in the sense of a "botanical variety", but rather as being synonymous with "cultivar" or "cultivated variety".
Exploitation of a protected variety includes any of the following:
- Production or reproduction
- Conditioning for the purpose of propagation
- Selling or offering for sale or other marketing
- Importing or exporting
- Stocking for the purpose of undertaking any of the above
By providing a tool to control commercialisation of a variety, PVRs encourage investment and effort into plant breeding in New Zealand. You can find more details on the nature and volume of PVR applications in our infographics below.
- 2015/16 [PDF, 233 KB]
- 2017/18 [PDF, 263 KB]
- 2018/19 [PDF, 191 KB]
- 2019/20 [PDF, 245 KB]
- 2020/21 [PDF, 282 KB]
The rights scheme also allows New Zealanders access to overseas-bred varieties which would not be released here by their breeders without the protection of the legislation. As a result farmers, horticultural producers and home gardeners gain access to an increased number and range of improved varieties.
A grant of Plant Variety Rights may be made if:
- it is new,
- it is distinct, sufficiently uniform and stable,
- it has an acceptable denomination, and
- formalities are met.
The Plant Variety Rights Act 2022 also includes provisions for indigenous plant species and non-indigenous plant species of significance. These provisions recognise and respect the Crown’s obligations under the principles of Te Tiriti o Waitangi / the Treaty of Waitangi, through protecting kaitiaki relationships with taonga species and mātauranga Māori.
Apply for a Plant Variety RightStep by step guide that will help make the application process easy to follow and understand.
Search for existing Plant Variety RightsCheck if a plant variety is protected or provisionally protected before you commercially propagate and sell plants of that variety.
FeesDetails on application, examination, test trial and renewal fees.
Forms (technical questionnaires)Before you begin your application process, you need to fill in the appropriate genus or species technical questionnaire.
International plant variety protectionFind out how you can protect and manage your Plant Variety Rights overseas.