Over recent years I have heard a number of farmers ask: Who is ever going to buy my farm? With the level of farm profitability and debt, how could a family member ever succeed to this farm? There have been several articles in recent times that have recorded and commented on the fact that: the… Read More.

The Farm Debt Mediation Bill (No 2) (‘the Bill’) has been introduced with the intention of establishing an equitable and efficient mediation scheme to resolve farm debt issues between farmers and secured creditors. The Bill would require secured creditors, which includes nonbank creditors, with security interests in farms to engage in a farm debt mediation… Read More.

Owners of animals will be aware that they have the potential to cause significant damage to property including land, crops or other animals. When animals are properly managed, this damage can be controlled. However, when livestock strays onto a neighbour’s land and causes damage, a question arises: who is liable for the damage? The answer… Read More.

Succession planning is a vital task for the long term success of any family farming business, but it can be a daunting exercise. The following article considers four possible succession structures commonly used by farming families. 1.       Trusts Perhaps the most well-known option, placing farming property into a trust, provides the following benefits: protection for… Read More.

Recently, we were asked whether a lessee under a farm lease was allowed to grant a licence to a beekeeper for a honey venture. Was the landlord required to consent to this? Was it a breach of the lease if it had already been done? Surprisingly, there is very little case law on this issue.… Read More.

[Spring 2014] A enforcement order by the Environment Court should be a timely warning for dairy farmers to ensure their effluent management systems meet required standards and are capable of coping with expansion on-farm. In April 2014 the Environment Court issued an enforcement order against a Marlborough dairy farm owner prohibiting him from re-stocking for… Read More.

[Summer 2013] Gypsy Day 2011 in Southland saw the beginning of local government prosecutions dealing in ‘effluent’ or ‘animal waste’. Gypsy Day is an extremely busy time of year for farmers and solicitors with a rural practice, with large numbers of stock being moved between farms at this time. These prosecutions were the first nationally… Read More.

[Autumn 2014] When you live on a rural property or lifestyle block, fire has the potential to cause major damage. A Nelson couple felt the ramifications after a fire started from their lifestyle block and spread into an adjoining forestry block. The Fire Service and an adjoining forestry owner obtained a substantial court judgment against… Read More.