In this practice guideline
Arrangements for growing trials for the testing of distinctness, uniformity and stability (2022 Act)
The Plant Variety Rights (PVR) Office will arrange growing trials to assess whether a new variety is eligible for a grant of Rights.
Section 49(1) of the Plant Variety Rights Act 2022 states that a PVR must not be granted for a plant variety unless a growing trial has been undertaken for that variety. These growing trials assess the criteria set out in Section 32(a) of this Act.
Section 49 of the Plant Variety Rights Act 2022 — New Zealand Legislation
Section 32 of the Plant Variety Rights Act 2022 — New Zealand Legislation
Section 10(d) of the Plant Variety Rights Act 1987 similarly states that a PVR can only be granted for a variety if that variety is novel, distinct, uniform, and stable. The requirement for a growing trial under this Act is supported in Part 3 of the Plant Variety Rights Regulations 1988.
Section 10 of the Plant Variety Rights Act 1987 — New Zealand Legislation
Part 3 of the Plant Variety Rights Regulations 1988 — New Zealand Legislation
The growing trial includes both plants of the candidate variety and plants of any other necessary varieties. The plants in the growing trial provide comparative data and recordings, which in turn allow an official description to be drafted for the new variety under application.
The organisation, arrangement and type of growing trial will vary for different plant species, and different procedures will apply to each.
The PVR Office may use any of the testing arrangements below.
1. Central testing
The PVR Office may assume direct responsibility for the growing trial and the evaluation of varieties. In this instance, the PVR Office has discretion to organise others to carry out certain trial and testing functions, but retains oversight and management control.
For applications where central testing takes place, the PVR Office will charge the variety owner or agent the prescribed trial fees each growing season. In addition, the prescribed examination fee will be charged at the beginning of the final examination. The agent or owner will be required to supply the requested seed or vegetative plant material, and then wait for the results of testing.
In situations where a species is tested for more than one growing season, the PVR Office will provide an interim report at the end of the first season.
This arrangement is used for most cereal, arable and pasture crops, as well as fungal endophytes and some ornamentals.
2. Testing by research or industry organisation
The PVR Office has arrangements with research or industry organisations that can carry out testing at specified test centres on behalf of the PVR Office.
Where a test centre is used, the PVR Office will first notify the testing organisation of the application, and advise them that plant material will be supplied for testing purposes. The PVR Office will then set a deadline for the variety owner or agent to supply plant material to the test centre.
Once the plant material has been provided, staff of the testing organisation will carry out all evaluation work and transmit the results to the PVR Office for a decision. The period of evaluation will cover at least one growing period.
The overall testing protocol and all technical criteria remain the responsibility of the PVR Office. At the conclusion of testing, the PVR Office will charge the variety owner or agent the prescribed examination fee.
Any costs associated with using the test centre are a matter between the testing organisation and the variety owner or agent. The variety owner or agent may make arrangements with the testing organisation before filing their application.
This arrangement is used for a number of fruit species, including but not limited to apple, pear, peach, plum, cherry, apricot and avocado.
3. Testing on a property organised by the agent or owner
The PVR Office may authorise a growing trial on a site selected by the applicant and approved by the PVR Office. In this instance, the PVR Office will supply the requirements for the growing trial. The variety owner, agent or another party must then establish and maintain the growing trial on the approved site.
All elements of the trial must comply with the trial design originally supplied by the PVR Office after the application has been made. The site organiser has the responsibility to notify the PVR Office when specified growth stages occur on the trial plants. A person from, or acting on behalf of, the PVR Office will then carry out the variety evaluation and assessments. The period of evaluation will cover at least one growing period.
Under this arrangement, the PVR Office will charge the applicant a prescribed trial fee at the beginning of each evaluation period, and the examination fee at the beginning of the final examination.
For more details on this testing arrangement, please see our technical guidance on PVR growing trials on an applicant’s property.
Guidelines for PVR growing trials on an applicant’s property
The PVR Office will set a reasonable deadline for the establishment of the growing trial, or the receipt of notification that suitable plants are available for testing. It should be noted that missing a deadline may result in the lapse of the application under Section 48 of the Plant Variety Rights Act 2022 and Section 7(3) of the Plant Variety Rights Act 1987.
Section 48 of the Plant Variety Rights Act 2022 — New Zealand Legislation
Section 7 of the Plant Variety Rights Act 1987 — New Zealand Legislation
This arrangement is used for most ornamentals and some fruit species.
4. Breeder testing
This arrangement is an extension of testing on a property organised by the agent or owner. The applicant retains responsibility for the establishment, growing and maintenance of the trial, based on trial directions from the PVR Office. However, the applicant also assumes additional responsibility for the collection of trial data and the completion of a variety evaluation. This data collection and variety evaluation can be carried out by the applicant themselves, or by another party organised and managed by the applicant.
In this instance, the PVR Office will provide the applicant with a list of varieties required in the trial, and all requirements with respect to how and when the evaluation is to be carried out. The applicant will be expected to follow all instructions and meet all requirements. The period of evaluation will cover at least one growing period.
Under this arrangement, the PVR Office will charge the applicant a prescribed examination fee at the beginning of the final examination period.
Should the applicant be unable to meet any requirements, or have questions regarding the information supplied, they should contact the PVR Office in a timely manner.
The PVR Office will set a reasonable deadline for the provision of trial data and variety recordings. It should be noted that missing a deadline may result in the lapse of the application under Section 48 of the Plant Variety Rights Act 2022 and Section 7(3) of the Plant Variety Rights Act 1987.
Section 48 of the Plant Variety Rights Act 2022 — New Zealand Legislation
Section 7 of the Plant Variety Rights Act 1987 — New Zealand Legislation
This arrangement is used for most vegetable species and minor agricultural crops.
5. Foreign test report
Under certain circumstances, the PVR Office may consider test results carried out by another PVR authority. In these situations, the foreign test report will form the basis of the New Zealand decision for that variety.
For more details on this arrangement, please see our technical guidance on the use of foreign test reports for PVR applications in New Zealand.