Rural Law and Agribusiness Summit
Issues covered include: Diffuse Discharges from Farming, Maori Land considerations, Environmental & planning, ETS, Overseas Investment Act in a Rural, Employment Law, Insolvency, Dispute resolution, Worksafe NZ, Trust Restructuring and Resettlements, Trustee powers, succession planning.
Description
The Agribusiness sector is a billion dollar industry bursting with opportunities. Whether you’re a regional practitioner with a rural practice or would like to add this sector to your repertoire, work in-house for an agri-business organisation or have a vested interest in gaining a firmer grasp of the legal issues affecting industry, this programme as something for you. Simply put, these are the most important and timely topics covered by some of the best in the business.
Attend and earn 7 CPD hours
This conference was recorded in NZ on 11 June 2019
Session 1
Current and Emerging Issues in the Sector
Chair: Stuart Ford, Director, The Agribusiness Group
9.00am to 10.00am: Dealing with Diffuse Discharges from Farming Activities: The Way Ahead
Address the vexed question of diffuse discharges from farming operations, regulatory responses throughout New Zealand to date, and the way ahead. In particular:
- The source of the problem: technical issues
- Approaches adopted throughout NZ to date, including Taupo Variation 5, Horizons One Plan, Tukituki Catchment and Healthy Rivers Plan Change
- The way ahead
Presented by Simon Berry, Partner and Craig Malone, Senior Associate, Berry Simons Environmental Law
10.00am to 11.00am: Rural Transactions: No Walk in the Meadow
- Environmental & planning considerations (water, nutrient etc)
- ETS
- Transfer Issues such as partition of resource consents
- Structuring & finance including Solicitor Certificate obligations
- Warranties
- Maori Land considerations
- Practical farm timing issues
Presented by Mark Dineen, Partner, Tavendale and Partners
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Overseas Investment Act in a Rural Context
- An update on how recent changes in the OIO regime have impacted rural transactions
- Considerations by industry, including farming, horticulture and forestry
- Implications of the new residential land provisions on lifestyle blocks
- OIO considerations from a vendor perspective
- OIO clauses in Agreements for Sale and Purchase – vendor and purchaser considerations
- Penalties and enforcement
Presented by Christina Lefever, Special Counsel, Duncan Cotterill
12.15pm to 1.15pm: Employment Law Toolkit for Rural Practices
- Update on recent employment law changes and cases you need to know
- A client comes to you with an employment law matter: what are the key elements you need to be aware of and what questions must you ask?
Presented by Alison Maelzer, Partner, Hesketh Henry
Learning Objectives
- Understand the impact of diffuse discharges from farming activities
- Gain deeper insights and skills for approaching a rural transaction
- Examine Overseas Investment Act in a Rural Context
- Receive practical skills for tackling employment issues
Session 2
Trusts, Insolvency and Disputes in the Agricultural Context
2.00pm to 3.00pm: Insolvency and Farms
- Farm Debt Mediation Bill
- The PPSA
- Directors’ duties
- Other recent developments
Presented by Tim Fitzgerald, Partner, Bell Gully
3.00pm to 4.00pm: Dealing with Regulators and Dispute Resolution: When it all Turns Pear-Shaped
- MPI, biosecurity, Worksafe NZ, Police: managing disputes when they come up
- Update on prosecutions, investigations, dispute resolution
- Update with penalties and enforceable undertakings
Presented by Brett Harris, Barrister
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Trust Restructuring and Resettlements: Generational Change
As families grow and generational change occurs, trusts often need to be restructured and/or resettled. Restructurings and resettlements can raise a number of practical issues including:
- The adequacy of trustee powers to effect the restructuring or resettlement
- Options for Court approval of proposed actions
- Application of Saunders v Vautier principles and consideration of rights of beneficiaries including minors and unborn beneficiaries
- Practicalities of obtaining the consent of beneficiary groups including use of Deeds of Family Arrangements
- Whether the proposed restructuring gives rise to increased risks of successful challenge under relationship property laws and what steps can be taken to limit any such risks
Presented by Jarrod Walker, Partner, Chapman Tripp + Co-presenter
Learning Objectives
- Gain a deeper understanding of insolvency issues in the sector
- Develop practical skills for dealing with regulators and managing disputes
- Ensure you are up to sate with restructuring and succession planning
Venue
Grand Mercure Auckland
Level 2, 8 Customs Street East
Auckland 1010
New Zealand