Rural

Over the fence

A new pathway for migrant workers to gain residency was introduced on 29 September 2021 by Immigration Minister, the Hon Kris Faafoi. This is a one-off resident visa that is targeted for up to 165,000 migrants — including around 9,000 primary industry workers.

‘Nuisance’ is still relevant in court

Many of us are familiar with the tort of negligence — an act or omission by one party that causes loss to another party. Inherent in a negligence claim is the concept of ‘fault’. A recent case illustrates why nuisance, a tort similar to negligence except that fault is not necessary, is still relevant.

Water Services Act 2021

Although the government’s proposed Three Waters Reform Programme has been very much centre-stage recently, there is an important new statute regarding water that will impact on the rural community.

Over the Fence

Over the fence – July 2021

On 31 May, the Climate Change Commission provided Parliament with its final advice on the New Zealand Emissions Trading Scheme before the government sets the first of three emissions budgets later this year. In this advice there was significant consideration on land use and the impacts of afforestation.

Leasing Maori Land

Buying or leasing Māori land

There are significant amounts of Māori land in New Zealand in productive rural areas. Much of this land is farmed by way of lease, sometimes in conjunction with adjoining general freehold land. Sometimes these ’joint’ farms have been farmed in this way for generations.

Significant Natural Areas

Significant Natural Areas

What are areas of significant natural beauty and should I be concerned? The identification of ‘Significant Natural Areas’ has been in the news lately. How are these areas defined and what are the implications for rural landowners?

Residential Tenancy Laws- Gifford Devine

Over the fence – Autumn 2021

The Privacy Act 2020 came into force on 1 December 2020, replacing the Privacy Act 1993. It has introduced new requirements for New Zealand businesses (including farms) and organisations to give greater protections for individuals.

Rural Trusts – Gifford Devine

Are trusts still fit for purpose?

Still fit for purpose for farm ownership and succession?

Trusts have long been the preferred vehicle for farm ownership. Historically, holding a property through a trust meant that ownership did not change on the death of the farmer and, therefore, any death duties could be avoided during the generational change.

Gifford Devine Rural News

Rural leases

Leasing of farms, orchards and cropping land is becoming more common. It is a good way for farming operations to expand without capital commitments involved in buying land. For landowners, it can be a useful way to retain ownership of the capital but give away the day-to-day farming operations, either through a desire to semi-retire or to hold the farming asset for a period while family or continued ownership issues are resolved.

Over the fence Jan 2021

Over the Fence

Crown Pastoral Land Reform Bill submissions open, the Synlait settles Pōkeno land dispute settlement reached and a reminder that the Trusts Act 2019 comes into effect on 30 January 2021