1. Devising a domestic regime for Access and Benefit sharing in New Zealand Dr. Alice Hume, Ministry of Economic Development

2. Contents 1.Role of MED 2.Drivers for domestic policy development 3.Process to date 4.What might a domestic regime cover? 5.Links with existing regulations 6.How might a domestic regime work? 7.Next steps

3. Role of MED Initial involvement as part of natural resources portfolio One of 3 lead agencies on Wai 262 Range of policy interests including resources and intellectual property

4. Drivers for domestic policy development NZ Biodiversity strategy (2000) identified that there are gaps in current access to biological resources and economic opportunities Key elements of the Wai 262 claim relate to the management of certain biological resources

5. Drivers for domestic policy development (2) New Zealand may be required to act to implement any requirements of an international ABS regime New Zealand has international interests as both a user and provider of genetic resources

6. Process to date 2007Formal consultation 2008 – 2009Working groups made up from researchers, CRIs, business and iwi 2009 – nowTaumata group 2008 – nowBroader engagement opportunities

7. What might a domestic regime cover? Biodiscovery involves the identification and analysis of biological resources for the purposes of knowledge-building, discovery and innovation aimed at identification of characteristics that may have wider application and/or commercial value Working definition for New Zealand

8. Links with existing regulations There are a number of areas where existing regulations would still apply including: Resource management Conservation Agriculture Fisheries

9. How might a domestic regime work? Layers of rights already exist in relation to New Zealand’s biological resources – focus on ‘access providers’ Mutually agreed terms could deal with a range of circumstances National level co-ordination would be required to fulfil New Zealand’s international obligations and to ensure consistency and certainty in New Zealand’s ABS system

10. Next steps Stocktake to assess the scale of biodiscovery activities in New Zealand and to identify risks and opportunities to be completed by mid-year Wai 262 report expected imminently – timing of Government response to be determined Wider engagement towards developing policy options for early 2011

11. Next steps (2) NZ Biodiscovery policy Wai 262 ABS WIPO Government response to Wai 262 including: Access providers TK holders International responses including: Enforcement Biodiscovery policy including: Scope Mutually agreed terms National co-ordination

12. Contact details Web:http://www.med.govt.nz/bioprospecting Email: bioprospecting@med.govt.nz Tel:04 474 2182 (Alice Hume) 04 462 4203 (Kate Riddell) Request to be added to our database for regular updates