While on the whole the new plant varieties innovation system is in reasonable health, breeders and growers are pointing to an uncertain future if our rules are not brought up to date with modern standards. These standards are set out in the most recent international agreement for plant variety rights, settled upon in 1991 and known as UPOV 91. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership requires us to align our law with this UPOV framework, but New Zealand currently, with the existing regime, is trapped in 1978. The current law, put simply, is not compliant with our obligations under the Treaty of Waitangi.