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Convention on Biological Diversity – Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of the Benefits Arising from their Utilization
Treaty Type:
Multilateral
Common Name:
Nagoya Protocol on Access and Benefit-sharing
Responsible Department:
Foreign Affairs and Trade
Administering Department:
Treaty Summary:
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity is a supplementary agreement to the Convention on Biological Diversity. It aims to provide a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources.
In October 2010, Parties to the Convention on Biological Diversity (CBD), including New Zealand, concluded negotiations on a protocol to the CBD aimed at giving effect to the third objective of the CBD, namely "the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources, including by appropriate access". The Nagoya Protocol applies to genetic resources within the scope of Article 15 of the CBD, and to the benefits arising from the utilisation of such resources. It also applies to traditional knowledge associated with genetic resources within the scope of the Convention and to the benefits arising from the utilisation of such knowledge.
NZ Adherence Status:
In Progress
Negotiation Status:
Multilateral. The Protocol entered into force in October 2014 with the required 50 ratifications. New Zealand has neither signed nor ratified the Nagoya Protocol.
Organisation:
Is Signed By NZ:
No
Signature Date:
Ratified or Signed:
No
Requires Ratification:
No
NZ Territorial Applications:
None
Information about required Legislation:
If New Zealand is to ratify the protocol, the Government will consider what legislation is required for implementation. A bioprospecting regime would be required.
Impacts on Maori:
When the Protocol was being negotiated, New Zealand’s approach was to ensure flexibility so as to ensure the Government could maintain its ability to meet Treaty of Waitangi obligations.
Impacts on Stakeholders:
New Zealand has an interest in the Nagoya Protocol as both a user and provider of genetic resources. The domestic economy, particularly the agricultural, horticultural, and forestry sectors, is highly dependent on foreign genetic resources. New Zealand’s unique flora and fauna result in a high level of domestic and international interest in accessing our genetic resources and, in some cases, the associated matauranga Māori or traditional knowledge, for research and other purposes (including commercialisation).
Link To Legislation:
Treaty Text Link:
Contact Information:
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