Supplementary Order Paper No 348

No 348

House of Representatives

Supplementary Order Paper

Tuesday, 27 August 2013

Patents Bill

Proposed amendments

Metiria Turei, in Committee, to move the following amendments:

Clause 4

In clause 4(1)(f), delete advisory (line 22 on page 16).

Clause 5

In clause 5(1), definition of Māori advisory committee, delete advisory (line 1 on page 20).

Clause 14

In clause 14(3), delete advisory (line 2 on page 29).

Heading above clause 275

In the heading above clause 275, delete advisory (line 13 on page 143).

Clause 275

In clause 275(1), replace Commissioner (line 16 on page 143) with Minister.

In clause 275(1), delete advisory (line 17 on page 143).

In clause 275(2), replace The Commissioner may (line 18 on page 143) with The Minister may.

In clause 275(2)(b), replace Commissioner (line 20 on page 143) with Minister.

In clause 275(3), replace Commissioner (line 24 on page 143) with Minister.

In clause 275(4), replace Commissioner (line 29 on page 143) with Minister.

Clause 276

In the heading to clause 276, delete advisory (line 30 on page 143).

In clause 276, delete advisory (line 31 on page 143).

Clause 277

In the heading to clause 277, delete advisory (line 3 on page 144).

In clause 277, replace must consider, but is not (line 4 on page 144) with is.

In clause 277, delete advisory (line 5 on page 144).

Clause 278

In the heading to clause 278, delete advisory (line 6 on page 144).

In clause 278, delete advisory (line 7 on page 144).

Explanatory note

The regulation of patents is a substantial concern for Māori. The Waitangi Tribunal has considered these matters in its report Ko Aotearoa Tēnei: A report into claims concerning New Zealand law and policy affecting Māori culture and identity 2011. In its report, the Tribunal identified a number of measures required to give effect to the Treaty of Waitangi in respect of intellectual property. Among its recommendations was the establishment of a co-decision making process in relation to the registration of patents to ensure that mātauranga Māori is treated as a key factor. The Tribunal recommended that the Commissioner should be required to take formal advice from it and work in partnership with it when making patent decisions that affect the kaitiaki relationship. The amendments proposed by this Supplementary Order paper go some way towards giving effect to the recommendations of the Tribunal, and therefore of the Treaty.