Articles: Rural Law

Paris climate change negotiations - what it means for NZ farming and industry

The Paris climate change negotiations concluded recently, with 195 countries signing up to a new global agreement to tackle climate change. It is notoriously difficult to get agreement from multiple governments on global issues, so the fact the negotiations resulted in a consensus is a massive achievement in itself.

In the end, this is all about money and New Zealand businesses will not be immune from the impacts of this agreement. The global economy is largely powered by oil and coal with China and the US burning more than anyone else. Agriculture is also important because we need to produce enough food to feed a growing global population. The problem being that these activities, which are so important to the New Zealand and global economy, are also altering the climate, which will have the effect of making us all worse off in decades to come.

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Sharemilkers' Responsibilities

A decision of the Environment Court discussed the difficult position a sharemilker found himself in when working on a farm with an effluent system failure not of his making.

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Warning! Farm Owner Liability

A Taranaki farm owner appealed to the High Court against his conviction and sentence on charges laid in relation to the discharge of dairy effluent.

The farm owner argued on appeal that he had put his employed sharemilker in charge of the effluent disposal system on the farm, and as no problem had been brought to his attention, then his sharemilker was responsible for the offending and not him.

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Wandering Stock

It is important for farmers to understand their duties and responsibilities in respect of stock on the road. Farmers are potentially liable for damage or loss that may result if an accident occurs.

Since the introduction of the Animals Law Reform Act 1989 (“the Act”) road users have been able to sue farmers and seek compensation for damage caused by wandering stock.

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Avoiding Misunderstandings with a Lease Agreement

The leasing of farmland has become increasingly popular over the last few years. There are numerous benefits to a landowner, however there can also be problems if the terms and conditions of the lease are not made clear prior to commencement of the Lease. To minimise possible problems it is important to have an effective agreement between both the Landowner as “Lessor” and the Lessee.

This agreement needs to set out the terms and conditions of the Lease, so as to avoid any misunderstandings or uncertainty between both parties.

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