Rural
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.
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.
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.
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
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.
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.
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.
In the Autumn edition of Rural eSpeaking we discussed the situation that COVID had caused with leases where tenants were unable to access their premises due to lockdown restrictions. Potential issues for the rural leasing sector arose from this problem, particularly given that rural leases are often in a different form to urban commercial property leases.
Tougher firearms legislation, temporary work visas and how to get ahead of the latest on environmental legislation.
Fixed-term employment agreements are a useful tool when, as an employer, you do not require a permanent employee but need an employee for a stated period of time, or until the conclusion of a specific project, or for a specified event.