How To Understand The Big Issues Of Rural Law

Transcription

1 5.5 CPD HRS INTENSIVE Rural Law the big issues SEPTEMBER

2 FROM THE CHAIR We, as lawyers, are faced with the challenge of the ever-increasing speed at which we must provide advice and constant changes to the law. We need to consider our rural clients perspective. Rural clients feel under siege from regulators such as the regional councils, district councils and the Environmental Protection Authority, to name a few. The focus of The Big Issues in this conference is to better understand the significant changes and current challenges occurring within the rural industry and our clients businesses. Well informed lawyers can add value to their rural clients, whether individually, family or corporate. This is our opportunity to assist the rural economy. I look forward to seeing you at the conference and sharing these Big Issues with you. Chris Spargo Programme REGISTRATION Morning tea will be available OPENING REMARKS Chair: Chris Spargo OF FORESTS, RIVERBEDS, ELECTRICITY EASEMENTS AND INACCESSIBLE ISLANDS Keynote Speaker Rural practitioners are often confronted with a specialist type of land law. Who owns the forest? Why can t an easement be wide enough to turn around mobs of sheep and cattle or be stopped because of forestry activities? What rights are there against electricity companies for pylon easements? Is access by boat to rural areas or islands acceptable? This lively paper rounds up some interesting recent rural decisions and offers some practical advice to rural practitioners. It also discusses the Supreme Court decision in Paki v Attorney-General that clarifies the law surrounding the ownership of New Zealand s rivers. Elizabeth Toomey

3 FONTERRA UPDATE Presenter Chris Spargo will provide an update on current topical issues when dealing with Fonterra dairy farms, including: Transacting dairy farms with or without Fonterra shares, including vendor warranties Fonterra supply contracts penalties and other transactional issues Leasing dairy farms Trading among farmers. Chris Spargo SHORT BREAK Tea and coffee will be available WATER: IRRIGATION SCHEMES Presenter Farmers are facing complex issues with many changes in the pipeline. This session will consider irrigation schemes perspectives: Basic structure, constitutions, water supply agreements Co-operative v private equity models Implications of changes to the FMCA and the repeal of the Securities Act Water storage issues. David Goodman WATER: RESOURCE CONSENTS Presenters Your clients need to know the risks they are taking; this session will provide background and advice specifically relevant to South or North island issues re: Water rights - the key issues to be aware of eg regional variations, duration, council review power, compliance/ enforcement Pros and cons of tapping into an irrigation scheme recognise the red flags Planning reviews and policies - what s going on in Canterbury, Waikato and elsewhere? When to get involved? Nutrient management Waikato, Canterbury and Ruataniwha variations 5 & 6. Jen Crawford (Christchurch) and Lachlan Muldowney (Hamilton) LUNCH

4 RURAL SYNDICATIONS Presenter All the important things background, process, entities, documentation, issues and solutions. Brett Gould HORTICULTURE: ORCHARDS AND VINEYARDS Presenters This session will offer practical advice at a transactional level. Murray Denyer will focus on orchard transactions and related legal issues, including orchard-specific sale and purchase agreement issues; kiwifruit cultivar licences; orchard leases and management contracts with post harvest entities; orchard research and trial agreements and shares in Zespri and post harvest entities. Fraser Goldsmith will focus on current wine industry issues security of water rights; PPSA issues in the wine industry; overseas investment Act issues; wind machines; trade marks and implications of alcohol law reform legislation. Murray Denyer and Fraser Goldsmith AFTERNOON TEA DEATH, WILLS AND TAX IN THE RURAL CONTEXT Presenter This session will offer invaluable advice on how not to create tax on death. It will cover: Rollover tax relief on death Properly drafting wills from a tax perspective Dealing with interests in Partnerships, Limited Partnerships and Look Through Companies Holding land on revenue account GST implications of partnerships and death Tax and Survivorship. John Adams SHEEP AND BEEF INDUSTRY Growing up in the 70s and 80s Legislative and regulatory changes and their impacts so far Buckle up for big changes in agriculture! Keynote Speaker Tony O Boyle

5 FINAL QUESTIONS AND CLOSING REMARKS Chair: Chris Spargo DRINKS AND NIBBLES A networking opportunity. LEARNING OBJECTIVES You will: Have an enhanced understanding of current and impending changes, and their potential effects, in the agricultural sector. Be better able to identify and evaluate potential risks for your clients. CHAIR CHRIS SPARGO, PARTNER, BLACKMAN SPARGO, ROTORUA Chris specialises in rural and commercial legal work. The majority of his work involves legal structures, family trusts, tax advice, property transactions, subdivisions and company legal work. Chris attended the Kellogg Rural Leadership Programme in 2011, a programme designed to develop emerging agribusiness leaders. He has presented papers for NZLS CLE Rural Intensives in 2007, 2009 and KEYNOTE SPEAKERS ELIZABETH TOOMEY, PROFESSOR, SCHOOL OF LAW, UNIVERSITY OF CANTERBURY, CHRISTCHURCH Elizabeth specialises in the areas of real property law, resource management law, public works and sports law; and is a barrister of the High Court in New Zealand. She publishes widely in her areas of expertise both in New Zealand and internationally and has presented papers at NZLS and other conferences. TONY O BOYLE, DIRECTOR, FARMLANDS, WELLINGTON Tony has held various industry roles, beginning as a committee-man for New Zealand Dairy Group, leading to a Councillor for Fonterra s first Shareholders Council. He assumed the Chairman s role from Tony also held significant positions on various Board subcommittees. Past and present directorships include being a Director of Rotorua Vet Club, Farmlands CRT Co-operative and ANZPAC Oils.

6 PRESENTERS JOHN ADAMS, DIRECTOR TAX, KPMG, HAMILTON John advises in the areas of cross border and domestic business structuring, trusts and companies. He works predominantly in the agribusiness, food retail, and property industries and has over 20 years experience in the fields of tax and trustee law. JEN CRAWFORD, PARTNER OWNER, ANDERSON LLOYD LAWYERS, CHRISTCHURCH Jen has 18 years experience as a resource management specialist. She advises on all aspects of resource management law with a particular focus on urban and lifestyle developments, agribusiness and water law. Jen provides advice on water allocation, use and management to a range of clients throughout the South Island. MURRAY DENYER, PARTNER, COONEY LEES MORGAN, BAY OF PLENTY Murray has specialist expertise in the kiwifruit sector, having worked for five years at Zespri Group Limited as General Counsel prior to joining Cooney Lees Morgan. As well as Zespri, his clients include post harvest businesses, individual growers, and orchard investment syndicates. FRASER GOLDSMITH, PRINCIPAL, GOLDSMITH LAW, DUNEDIN Fraser acts for many wineries, vineyards and contractors and exporters in Central and North Otago, and advises on industry initiatives. He also has extensive experience in capital-raising, securities law, business establishment and corporate insolvency work. DAVID GOODMAN, PARTNER OWNER, ANDERSON LLOYD LAWYERS, CHRISTCHURCH David is a member of Anderson Lloyd s Corporate and Commercial Team, advising on commercial, governance and corporate law matters. He acts for many irrigation companies in relation to governance, structure, and capital raising matters.

7 PRESENTERS BRETT GOULD, PRINCIPAL, LOGAN GOLD WALSH LAWYERS LIMITED, MASTERTON Brett has a strong commercial and rural practice based on guiding parties into the most appropriate structures and providing for appropriate governance, management, operational, dispute resolution and succession provisions and is now closely involved in farm syndications work. LACHLAN MULDOWNEY, PARTNER, TOMPKINS WAKE LAWYERS, HAMILTON Lachlan leads the Local government/environmental law team at Tompkins Wake, and advises many of the Waikato regulatory authorities. He has particular expertise in land development, urbanisation, and rural land use issues. He regularly advises on rural land development, water allocation and regulatory compliance within the agri-business sector. Information about the day WHO SHOULD ATTEND General provincial practitioners, property lawyers and trust advisors in farm law. ACCOMMODATION Accommodation at special rates has been reserved for intensive participants at the following hotels. Christchurch Rydges Latimer $ (incl gst) Hamilton Novotel Tainui $ (incl gst) To secure accommodation at these rates and make your travel arrangements, contact Louise Living, Travel Managers, louise.living@travelmanagers.co.nz, telephone

8 Register and pay online at You can also view the CLE programme and purchase booklets online Rural Law the big issues CENTRE DATE VENUE Christchurch 10 September Rydges Latimer Hamilton 12 September The Verandah LAST NAME FIRST NAME TITLE (PLEASE PRINT) NAME FOR NAME TAG FIRM/ORGANISATION PO BOX DX STREET ADDRESS TOWN/CITY POSTCODE PHONE FAX DIETARY REQUIREMENTS FEE (INCL GST) Registrations will not be actioned until payment is received. The registration fee includes all materials, morning and afternoon teas and lunch. Please note: NZLS members include NZLS Associate members. Earlybird rate By 18 August OR After 18 August NZLS member $625 $675 Non-member $685 $735 PAYMENT I attach a cheque made payable to NZLS CLE Ltd Please debit my credit card account Mastercard Visa Amex CARD NUMBER EXPIRY DATE CARD SECURITY CODE NAME ON CARD SIGNATURE OF CARDHOLDER SEND TO: NZLS CLE Ltd, PO Box 5041, Wellington 6145, DX SP20202 or Fax INQUIRIES: or cle@lawyerseducation.co.nz CANCELLATION AND REFUND POLICY Please note: Minimum and maximum numbers apply. Registrations will be accepted on a first-come/ first-served basis. Registrations close 10 working days before the presentation date (the closing date). NZLS CLE Ltd reserves the right to cancel any session that does not reach the budgeted minimum number of registrations. This decision will be made on the closing date and a full refund will be made to each registrant of the cancelled session. If you cancel your registration before the closing date, a refund will be made, less a $100 administration fee. After the closing date, there will be no refund. You may transfer your registration to another person until five working days before the presentation. Please advise NZLS CLE Ltd in writing of the change. PRIVACY ACT 1993 The information requested on this registration form is for NZLS CLE Ltd and the sponsors only. I do not wish the sponsors to receive my contact details.