Postscript

Food Act 2014 – rolling deadlines to register your food business

The legislation has introduced a sliding scale where businesses that are at a higher risk, from a food safety viewpoint, are required to operate under stricter requirements than lower risk outlets. The Ministry of Primary Industries (MPI) points out that a corner dairy operator who reheats meat pies is treated differently from a meat pie manufacturer.

New food businesses must register when they start to trade. Existing businesses are required to register with a set of rolling deadlines.

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Regulating stock movements during Mycoplasma bovis outbreak

Mycoplasma bovis (M.bovis) is a bacterial disease commonly found in cows all over the world. First detected in New Zealand in July 2017, it has affected a small number of farms in the South Island and Hawke’s Bay. The Ministry of Primary Industries (MPI) is working hard with farmers to control the disease and, if possible, eradicate it from New Zealand.

M.bovis causes a range of diseases in cows including mastitis that doesn’t respond to treatment, arthritis, pneumonia and late-term miscarriage. Although it affects cows, it poses no risk to food safety or human health. M.bovis is mainly spread through close and prolonged contact between infected animals, through the movement of stock, contaminated equipment and feeding untreated milk to calves. It’s not windborne, it doesn’t spread through streams or rivers and, thankfully, it is a relatively slow-moving disease.

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Preventing money-laundering in New Zealand: a law firm’s role

New changes regarding law firms are coming into force and they may affect your next visit to us. The Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (known as AML/CFT) applies to New Zealand law firms from 1 July of this year.

The legislation aims to ensure New Zealand is a safe place to conduct business. The government wants this country to remain at the top of the list of low risk countries with a reputation for low corruption and strong protocols to prevent money laundering activity.

What is money laundering?

Money laundering is the acquisition, possession, transfer, concealment or the conversion of property knowing it is derived from a criminal offence. There are three stages of money laundering:

  1. Placement
  2. Layering, and
  3. Integration.

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Economic disparity at the end of a relationship

How might this impact you?

As much as we like to think we are living in the modern day, there are still a large number of relationships that follow the more ‘traditional’ practice of having one party act as the ‘homemaker’, while the other acts as the ‘breadwinner’. If the relationship breaks up, economic disparity is likely to be an issue.

With the divorce rate in New Zealand sitting at around 50%, chances are you have friends and family members who have structured their relationship in this more traditional sense and have now separated. The result is often that the ‘homemaker’ is left in a worse position financially because they have been out of the workforce for a long time and will struggle to get back into their career. The breadwinner, meanwhile, who could focus on their career during the relationship, is now earning at their full potential. This is economic disparity – one party is advantaged over the other.

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What is a ‘social enterprise’ and why does it matter?

A trending term in the business world over the last year is ‘social enterprise’. This represents a new interpretation on an old way of thinking – that business should be about more than profit. In September 2017, more than 1,600 delegates attended the Social Enterprise World Forum in Christchurch. What were they discussing and what are some ways this movement is seeking to have an impact today?

What is a social enterprise?

To start with we need to get the definition right. In New Zealand the Ākina Foundation works in the social enterprise sector and its definition is a good one: Social enterprises are purpose-driven organisations that trade to deliver social and environmental impact.

The key word there is purpose. Traditional business has had more of a focus on profit than purpose. In fact, that focus on profit is baked into our business model. For example, how important the shareholders of a company are and the focus on the directors returning profit to them.

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Over The Fence

Stock movements

Gypsy Day approaching and Mycoplasma bovis

First detected in New Zealand in July 2017, Mycoplasma bovis (M.bovis) has become an issue for our agricultural sector.

Gypsy Day is fast approaching for our dairy farmers which sees increased stock movements around New Zealand. If you are buying cows, we recommend that you have the protection of a written agreement. This agreement can provide warranties and provisions around the rejection of animals.

Such protections are not available, obviously, when moving your own stock to another property you also own or on which you sharemilk. We recommend you check for Restricted Place Notices and Notices of Directions when moving stock/farms.

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Easements – get them right first time

In the Autumn 2015 issue of Rural eSpeaking we pointed out some aspects of rights of way and water easements, and the rights attached to them.

Expanding on this topic, we discuss another feature of easements that is important and, in many cases, is not properly understood – the permanence of an easement and issues that might arise from that over time. Virtually all easements are granted ‘in perpetuity’ which means they last forever.

When granting an easement over your property, or you’re purchasing a property that is subject to easements, you need to consider not only the situation as it is now but also potential issues that might arise over time.

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Having your own terms of sale

Rural businesses are no different from any other producers in the market in the sense that the ultimate fruits of their labours are, at some point, sold to a third party, whether that is to a meat company, a fruit packer or exporter, or a wine or dairy company.

All sales of product are governed by a contract of sale, the terms of which are either set out by statute (see below) or in a supply agreement or a contract to purchase goods or services of some description. Most of these contracts are industry standard-type contracts and, in many cases, the rural producer has little say over what goes in those contracts; most large fruit exporters, winemakers or dairy companies have their standard terms and conditions and won’t negotiate individual contracts with individual suppliers.

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Trustees’ personal liability for litigation costs

It can be an unpleasant surprise

Trustees and executors are not always entitled to reimbursement for their litigation costs.

While most trustees and executors will assume that costs incurred in the course of their trustee or executorship will be paid from the estate or trust, the recent decision in Courteney v Pratley[1] is an illustration of the perils that trustees or executors can face when they go to court.

Trustees and executors are in charge of the property of others. They are not expected to pay for their own expenses in doing so and, as such, are usually entitled to reimbursement of the costs they incur.

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When Grandma comes to live with us

As parents age, their children often find they need to take an increasing role in looking after them. Unpalatable as it seems, it’s important to think about the legal difficulties that can arise where one member of the family has assumed responsibility.

If questions are asked some time later, it may not be enough to say “but that is what mum/dad wanted”. We also explain the restrictions on when an attorney (the person who holds the Enduring Power of Attorney) can benefit from the decisions they make. We touch on the issues where a parent later needs to go into care.

EPA

Often elderly people do not want to live alone. Buying a unit in a retirement village, or some other form of sheltered accommodation, may be a good option. Others may find buying a unit is not financially possible or desirable. Some prefer to stay with one of the family. In that case, an increasing burden may be thrown on the family member who is providing care. These arrangements should be recorded carefully and it’s important to get legal advice.

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