Many legal minds making NZ LAW work

We are an association of independent legal practices, proactively sharing ideas and expertise for the benefit of our clients.

Publications

Latest Newsletters

Fine Print

Published three times a year. Fineprint is NZ LAW's flagship publication with wide-ranging articles.

Read the latest issue

Commercial eSpeaking

Covering in-depth business law issues, this newsletter is distributed three times a year to member firms' commercial clients.

Read the latest issue

Trust eSpeaking

Published two times a year. Covers stories of interest to trustees and professionals advising on asset protection and trusts.

Read the latest issue

Property Speaking

Published three times a year. Keeping property investors and owners abreast of current property issues.

Read the latest issue

Rural eSpeaking

Covers stories of interest to farmers and those working in the rural sector, in matters relating to New Zealand's heartland.

Read the latest issue

Find a Law Firm

If you would to talk with a lawyer on any of the topics covered in any five of our client newsletters.

Find a law firm

Articles

Published 4th August 2020 by Neil Dent, Gifford Devine

More on COVID and access issues to land

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.

Published 4th August 2020 by Neil Dent, Gifford Devine

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.

The National Environmental Standards for Freshwater 2020 (the Freshwater NES), however, are due to be published later this year. Some parts of it will take effect 28 days after it is published while other parts won’t come into effect until the winter of 2021. This year is more than half over, and with the first half of the year being severely disrupted by the COVID lockdown and because the election is looming, there can be no certainty that the new Freshwater NES will be published this year. There is no certainty as to what form it will take, given we may not know which parties will form the government – perhaps sometime in October.

Published 1st May 2020 by Neil Dent, Gifford Devine

Agriculture continues to be the mainstay of our economy

The COVID-19 virus that is sweeping the world will impact upon us all and pretty much everybody in the world one way or another. The repercussions will differ depending on where you live, what age you are and what you do, but it will be there nonetheless.

Published 1st May 2020 by Neil Dent, Gifford Devine

What if I can’t get on the land in an extraordinary situation?

As a result of the COVID-19 Alert Level 4 situation, one of the issues that has arisen in the commercial leasing area is that of tenants being unable to access their leased buildings. These tenants are in non-essential industries and are therefore prohibited from working, other than from home. This affects commercial leases right across the spectrum from hospitality, retail, office to warehousing.

Published 17th December 2019 by Neil Dent, Gifford Devine

Government’s proposal to clean up waterways
Water quality is no new issue in Aotearoa New Zealand, but it is a growing one. On 31 October 2019, the government closed submissions on the Action Plan for Healthy Waterways. The Plan has since been referred to an independent advisory panel that will consider the public’s submissions and report back to the government. The panel consists of five members with expertise in a range of areas including dairy farming, environmental law, hydrology and water management.

Published 17th December 2019 by Neil Dent, Gifford Devine

Five-year joint action plan launched
On 24 October 2019 the primary sector launched the ‘Primary Sector Climate Change Commitment: He Waka Eke Noa – our future in our hands to manage agricultural emissions.’

He Waka Eke Noa kicks off a collaborative five-year joint action plan between the agriculture sector, the government and iwi with the target of decreasing farming emissions and developing a farm emissions pricing scheme. If the action plan produces satisfactory results, agriculture will not be brought into the Emissions Trading Scheme (ETS) under the proposed Climate Change Response (Emissions Trading Reform) Amendment Bill.

Published 22nd November 2019 by John Sheddan, Sheddan Pritchard Law Ltd

Changes to legislation bring huge implications
The rural fires of last summer are a reminder of the risk of fire to our communities. The cause of the blaze in the Nelson region, one of New Zealand’s largest plantation fires, was attributed to a spark caused when farm equipment hit a stone. This leads to the question – who is liable for the cost of fighting a rural fire?

Many rural people are unaware that when the Fire and Emergency New Zealand Act 2017 (FENZ Act) came into force on 1 July 2017, it significantly moved the fire goalposts. Responsibility changed from what was known as ‘strict liability’ for causing a rural fire to ‘criminalising risky or reckless behaviour’ which results in a fire. It sounds minor, but the implications of this change are huge.

Published 21st August 2019 by Neil Dent, Gifford Devine

Significant changes post-M.bovis
The NAIT (National Animal Identification and Tracing) system was first introduced in 2012 and came into effect progressively until it was fully implemented on 29 February 2016.

Any completely new system is likely to need a review after being in operation for a period of time. Within 18 months of NAIT’s final implementation date, the outbreak of Mycoplasma bovis in this country gave the regime a real test and, not surprisingly, the system was found wanting in some respects.

Published 21st August 2019 by Neil Dent, Gifford Devine

Complex task ahead
In contrast to the review of the NAIT system that we discuss on the previous article, it will be challenging for the government to get a consensus on the recently announced review of the resource management system. The four leading political parties have differing views on how to manage resource management issues. In particular, the Coalition government has three partners – all of which have somewhat contrasting policy positions.

Published 22nd March 2019 by Neil Dent, Gifford Devine

What is the government proposing?
The Minister for Land Information, the Hon Eugenie Sage, announced on 17 February this year that the ‘tenure review’ of Crown pastoral land under the Crown Pastoral Land Act 1998 (CPLA) would end. She introduced a discussion document entitled ‘Enduring Stewardship of Crown Pastoral Land’ that sets out a number of proposals in relation to Crown pastoral land. Public feedback is sought on:

• The implications of ending the tenure review
• The outcomes the Crown is seeking for Crown pastoral land, and
• What changes should be made to the Crown Pastoral Land regulatory system to achieve those outcomes.

Submissions should be made by 5pm on Friday 12 April 2019.