Articles: Rural Law

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.

Read more...

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.

Read more...

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.

Read more...

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.

Read more...