New Zealand and Australia are parties to the Convention of Biological Diversity (“CBD”) but not 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 (“Nagoya Protocol”). Both New Zealand and Australia have a patchwork of ABS measures consistent with their CBD commitments. An overview of the various jurisdictions shows that only Queensland’s ABS legislation currently expressly addresses DSI but not as a resource in its own right. This means that if DSI is to be captured in benefit sharing arrangements under New Zealand and Australian laws as a resource derivative within the ABS transaction, this will need to be specifically addressed in the ABS contracts.