Rural

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

Finite supply of water

The Finite Supply of Water

To take and use water for irrigation an easement to get water from its source and a resource consent to use that water are both required. Problems may arise though, if users of the same source apply for new or renewed water consents. You may find yourself competing with a neighbour who has an easement right relating to the same finite source of water, even if it’s on your land. 

Investment in farming – Rural Law

Investment in Farming

Commercial property syndicates are becoming popular again due to the returns they are able to provide to investors in the face of low interest rates. While this type of investment has always been popular, we are seeing a shift from dairy and forestry into kiwifruit, apple, cherry and other horticultural sectors.

rural law

National Environmental Standards for Freshwater 2020

Water was the hot topic in the 2017 election campaign. This year, with an election coming up shortly, there seems to have been little talk of water (or much policy at all, so far) with COVID still taking up most of the news space, closely followed by scandals of various sorts.