Over the fence

Mycoplasma bovis and land transactions

Mycoplasma bovis (M. bovis) continues to be a real concern for the farming industry in New Zealand.

mycoplasma

If you are thinking of entering into legal arrangements for the sale and purchase of rural land, it’s important that you consider including specific provisions that address M. bovis. There will be the possibility that livestock on the subject property may test positive for M. bovis between the date of the signed agreement for sale and purchase and the date for settlement.

Continue reading “Over the fence”

Wandering stock

The right to impound and to claim for damages

One of the perennial problems that farmers face is that of stock wandering or stock getting out and interfering with, or causing damage to, neighbouring properties. Generally speaking, the issue of having a small number of stock grazing on your land for a short time until they are put back in the neighbour’s property may not be too great a concern.

There are, however. some fairly serious issues that can arise, particularly where stock from a pastoral farm, for example, gets into cropping or orchard land where the damage could not only relate to the crops that are eaten or destroyed but also could cause issues with export or organic certification. As a result, losses caused by wandering or trespassing stock could be significantly in excess of the value of the lost crops.

What can be done about this?

Continue reading “Wandering stock”

Private land with public access

How is access granted?

Our ability to access the ‘great outdoors’ in New Zealand is seen as something of a citizen’s right. At times, however, It does conflict with the rights of private landowners when, in order to access the great outdoors, there is a need to cross their private land first.

The question of public access over private land has recently been becoming more of an issue. In particular, groups who are advocating for that access see the acquisition of private land by overseas people as an opportunity to gain more formal access over private land. Historically, New Zealanders have enjoyed a reasonably significant amount of access over private land – often based around relatively informal arrangements.

Public access over private land is a complex topic. This article gives you some background to the law relating to the rights of private landowners.

Continue reading “Private land with public access”

Biosecurity in New Zealand

Who is liable for an outbreak of plant disease?

Biosecurity issues never seem to be far from the news these days. The Ministry of Primary Industries (MPI) is responsible for biosecurity in New Zealand and gets its powers in relation to biosecurity under the Biosecurity Act 1993. The purpose of the biosecurity system that the Act puts in place is to prevent or manage risks from harmful organisms such as pests and diseases. It does this by attempting to stop pests and diseases before they arrive in the country and, if they do, by trying to either eradicate or manage them.

Psa, varroa mite, myrtle rust and Mycoplasma bovis have all recently caused major issues. Now MPI is seeking the destruction of tens of thousands of plant cuttings and trees that were imported from an American nursery in the state of Washington after an audit uncovered irregularities in the nursery’s processes.

Continue reading “Biosecurity in New Zealand”

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.

Continue reading “Regulating stock movements during Mycoplasma bovis outbreak”

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.

Continue reading “Over The Fence”

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.

Continue reading “Easements – get them right first time”

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.

Continue reading “Having your own terms of sale”

Loan Documents: Read the fine print, there could be some surprises

Whether you like it or not, you will probably need to fund your farming operations with borrowing from one of New Zealand’s main trading banks.

The main terms that borrowers look at when signing loan facility documentation relate to the cost of the borrowing: interest rate, the amount of the repayment sums and the term of the lending. The security required is usually a mortgage over the farm land and, more often than not, a general security agreement which is effectively a mortgage over all of the farming entity’s assets that are not land such as stock, crops, machinery, receivables and so on.

Continue reading “Loan Documents: Read the fine print, there could be some surprises”

Farm Management Plans

A new (uncertain) dawn for farmers

One of the hot issues in the recent election campaign was raising the water standards in our rivers and lakes. Regional authorities are the bodies that are charged with implementing the government’s water standards policy.

All regional authorities have implemented, or are in the process of implementing, plan changes that are designed to enable them to achieve the minimum water standards set by government.

Reduce leaching into waterway

One of the aims of these plan changes is to reduce the amount of nitrogen and/or phosphorous leaching from farms into waterways.

Continue reading “Farm Management Plans”