Plans to strengthen laws protecting plant variety rights aim to curtail cases such as that fought by Mount Maunganui-based kiwifruit marketer Zespri and bring more export value back to New Zealand for longer.

Trade and Investment and Agriculture Minister Todd McClay and Commerce and Consumer Affairs Minister Cameron Brewer have proposed changes to the Plant Variety Rights Act 2022 (PVR) to “protect investments underpinning high‑value exports, regional jobs and global demand for New Zealand produce”.

“High‑value horticulture relies on years, often decades, of breeding, testing and commercialisation,” Brewer said.

“Strengthening the Plant Variety Rights Act 2022 gives New Zealand the intellectual property settings it needs to compete internationally, protect our investment and grow export returns.”

The proposed changes would extend protection for trees and vines to 30 years and restore effective provisional protection while applications are being examined.

Last October, Zespri won a significant legal victory in China, successfully defending the intellectual property rights of New Zealand kiwifruit growers.

The case involved the unauthorised planting of more than 200 hectares of Gold3 kiwifruit in Hubei province, with fruit then sold online. Wuhan Intermediate People’s Court ordered the defendant to remove 260ha of infringing plant material and to pay compensation to Zespri of 5.25 million yuan ($1.28 million) in damages and expenses.

Zespri chief executive Jason Te Brake announces 2035 strategy at the Momentum Conference. Photo / Jamie Troughton/Dscribe Media

Zespri chief executive Jason Te Brake said changes to the PVR Act would deliver real benefits by protecting growers, backing innovation, increasing exports and supporting regional jobs and communities.

“Innovation is critical to protecting and growing value for New Zealand," he said.

“In 2024-25, kiwifruit returned more than $3 billion directly to growers and their communities and supported tens of thousands of regional jobs.”

Export sales

He added: “Around 75% of kiwifruit export sales come from Zespri’s PVR-protected varieties – sold under the Zespri SunGold and Zespri RubyRed trademarks – highlighting the importance of a strong and effective IP framework.

“Through the Kiwifruit Breeding Centre (KBC), in partnership with the Bioeconomy Science Institute, we have invested for decades in developing high‑value new varieties to grow market demand and help growers respond to rising costs and climate change.

“These varieties, alongside continued investment in our brand, supply chain and building demand, are delivering significant value back to New Zealand.

“Stronger plant variety rights would help the industry invest with confidence, protect value, and bring more high-value varieties to market.”

KBC chief executive Dr Matt Glenn said the proposed changes would strengthen its ability to achieve its vision of “delivering the world’s most irresistible, healthy fruit for good”, while affording greater protection that leads to a positive primary sector innovation ecosystem.

Kiwifruit Breeding Centre chief executive Dr Matt Glenn.

“Fewer than 1% of the potential varieties in our breeding programme will result in a commercial cultivar, so maximising protection for these highly valuable varieties is critically important.”

He said developing a new kiwifruit variety required millions of dollars of investment and could take up to 20 years of research, selection, field testing and commercial validation before it could be successfully released.

“A clear and durable protection framework gives industry greater confidence that this long-term scientific and financial investment can be responsibly managed, and value returned to the kiwifruit growers.”

Glenn said adjusting the PVR duration would also better align New Zealand with international settings, helping to protect existing value, unlock future export growth, and maintain competitiveness in high‑value horticulture.

Government protection

New Zealand Kiwifruit Growers Incorporated chief executive Colin Bond said the vast majority of the industry’s export value was attributable to kiwifruit protected by PVR.

“The Government’s proposal to strengthen our Plant Variety Rights would reduce the risk of unauthorised copying or export during the application period.

“It would also encourage new variety development, supporting New Zealand growers.

“The extension of Plant Variety Rights would help maintain the commercial settings that underpin our industry’s success and also help fund future research.

“The Government’s proposal is about the greater good.

“Stronger Plant Variety Rights protection will create long-term value, allowing our industry and the wider New Zealand economy to harvest the rewards.”

Horticulture New Zealand said the Government’s actions were positive for the sector and will drive innovation, investment and long-term productivity.

“These measures will provide greater certainty for breeders, growers and investors making decisions over long production cycles,” HortNZ chief executive Kate Scott said.

“They also better reflect the realities of how innovation is developed and adopted in horticulture.

“New varieties take time, capital and sustained commitment to bring through to commercial use.

“A policy framework that gives appropriate protection over that journey helps deliver the confidence needed for ongoing investment across horticulture.”

Strong PVRs were an important part of maintaining New Zealand’s position in premium horticulture, helping ensure that the benefits of research, breeding and commercial uptake could be realised over an appropriate timeframe, she said.