Search

This article discusses the problem with companies operating mobile shopping trucks in New Zealand. It compares the price of the food and non-food products being offered by these mobile trucks to that of retail shops and tackles the mode of payment being offered by these companies to customers, the violation of consumer credit laws by these companies, and an investigation into the operation of mobile trucks by New Zealand's Commerce Commission.

The article reports that criminal penalties have been introduced in New Zealand for companies involved in cartels. Topics discussed include consumers being affected by cartels, the Commerce Commission of New Zealand taking such companies to court, money earned by companies due to colluding, partnerships which are not banned by law of the country such as joint ventures and companies that were fined for running cartels such as packaging products maker Visy Board Pty. INSET: Hidden in the garden.

The article focuses on changes in lending laws in New Zealand with revision of the Credit Contracts and Consumer Finance Act. Topics discussed include introduction of a Responsible Lending Code which will reveal lending obligations, responsible advertising expected by lenders for not misguiding borrowers, creditors to make inquiries about financial situation of borrowers, interest rates to be publicly available and creditors to help people in making informed decisions.

The article discusses a court case wherein North Dairy has won damages in a claim in the High Court at Timaru, New Zealand. A brief background on the contract signed by the dairy farming company with Agricultural Contracting is presented. An investigation found that Agricultural Contracting had mistakenly applied glyphosphate because of its use of the decanting process. The judge was convinced that Agricultural was in breach of its implied duty of care to North Dairy.

The article reports that judges continue to impose fines to dairy farmers in New Zealand following effluent spills. An overview of the effluent spill incident that happened on a farm managed by David Van Bysterveldt and owned by the David Van Bysterveldt Family Trust in December 2011 is provided. Van Bysterveldt pleaded guilty to a charge under the Resource Management Act 1991 and paid a fine of 33,075 New Zealand dollars.

The article provides an overview of some court disputes in both the Family Court and the High Court of New Zealand over the division of farm properties following the ending of relationships. In one case, a Family Court judge ruled that three-fifths interest of a man in a home was relationship property and the woman was entitled to half of the former's interest. In another case, a High Court judge ruled that the only way to determine the true value of a farm was for it to be sold.

The article reports that a High Court judge in New Zealand imposed a jail term of two years and one month on Waikino farmer Lourens Barend Erasmus for animal cruelty. The judge overturned a Waihi District Court ruling of judicial monitoring of Erasmus at three months intervals and 10 months' home detention. The Ministry for Primary Industries (MPI) appealed the district court's ruling, arguing that the case was the worst involving deliberate animal injury to come before the country's courts.

The article reports that Glenholme Farms, a farm company at Nukukou, New Zealand, and its manager, Alexander Atkinson, were slapped with fines and costs amounting to over 50,000 New Zealand dollars for failing to have a maintenance plan for an old traveling irrigator. Atkinson and Glenholme Farms were charged with unlawfully discharging untreated dairy effluent into a drain. The judge reportedly concluded that the failure of irrigators was well attested to in prosecutions before the court.

The article discusses the decision by New Zealand High Court's Justice Rebecca Ellis to dismiss claims by Gisborne Milk Cooperative, which is in liquidation, against Fonterra. Gisborne had gone to the High Court to try to get back shares and milk supply deals with Fonterra following a dispute emerging after the creation of Fonterra. Gisborne has reportedly been entitled to share up but it did not apply to share up. All causes of action were dismissed and costs were awarded against Gisborne.

The article discusses two court cases in New Zealand in which farm owners have unjustifiably dismissed farm owners. It relates the case involving Glenmavis, which owned a farm at Wendon in Southland, and its manager Andrew Todd. Details of the other case involving Jack Valois, who was employed as a farm manager by McLachlan Farms, are provided.

The article discusses the New Zealand court case Rahopara Farms v. Taylor, wherein the court was required to make rulings over a dispute over a property purchase. Rahopara agreed in writing in 2008 to purchase Fiona Taylor's property for 1.1 million New Zealand dollars. Rahopara later sought repair costs, with Taylor claiming that the contract was partly written and partly oral. The court declares that oral evidence is insufficient to change the contract and decided in favor of Rahopara.

The article discusses the New Zealand court case Exceed Dairies v. Whyte which involves a dispute over dairy farm leases and sharemilking agreements. Nigel van Dorsser, owner of the dairy cow nutritional supplement company Essential Nutrition and Exceed Dairies, has entered into a sharemilking agreement with the Whyte family farming Dacre. The court declares that Exceed is entitled to the sum of 253,987 New Zealand dollars and that the Whytes are not entitled to the remedy of quantum meruit.

The author discusses the court proceedings over the sale of a herd of cows alleged to have mastitis in New Zealand. The case involves Clover Flats Dairy Farm which sold 142 cows to Cheryl and Max Wilson who refused to pay for the animals claiming that they suffered from mastitis. An associate judge ruled against the Wilsons who failed to file a statement of defence to court proceedings brought by Clover Flats Dairy. Wilsons' arguments to set aside the judgment are discussed.

The article discusses court cases related to disputes in water in New Zealand's dairy industry. It states that in R. v. Derek Allan Newton, Newton underwent trials related to alleged breach of the Resource Management Act (RMA) 1991. It mentions the Main Farm v. Otago Regional Council, which involved disagreement on a water permit's beneficial ownership.

The article discusses a court case which resulted in the granting of New Zealand High Court declarations after the invalid appointment of an animal inspector under the Animal Welfare Act 1999. The case revolves around the inspection made by animal inspector Kevin Byrnes to the farms of Tony Lauren Farming after discovering a number of dead animals on the hill block. However, the issue was that Byrnes was never validly appointed as an animal inspector for the purposes of the Animal Welfare Act.

The article presents a court case in which the New Zealand High Court in Dunedin ruled against Braeburn Dairies, which filed the lawsuit. In the case Braeburn Dairies vs. McGregor and White Electrical, Braeburn Dairies filed a case against the electrical firm to seek damages for loss of production on its dairy farm due to the incorrect installation of the Varivac electronic device in the dairy. The farm was managed by Andrea and Mark Shore of Braeburn Dairies.

The article discusses a High Court case in New Zealand involving a dairy farm and the complex family dynamics of an estranged mother and son, together with a close relationship between a brother and sister. The court was asked to determine whether the behaviour of the son which caused the estrangement should disqualify him from benefiting from his mother's estate. The impact of the benefit provided by the sister to her brother on subsequent testamentary dispositions is determined.

The article reports that the New Zealand courts have fined dairy farmer Blair John Lloyd 20,000 New Zealand dollars and sentenced him to 260 hours of community service for discharging dairy effluent into a waterway feeding Lake Ellesmere in October 2010. Judge Paul Keller, who issued the judgment, claims that the discharge was serious because it compromised the water quality of Lake Ellesmere. The punishment is being seen as a sign of how the courts intend to deal with environmental offenses.

The article discusses the court case Causer v. Causer and Anor in Whangarei, New Zealand wherein Edna Causer challenged the validity of a deed she signed that transferred one share in Causer Farms to her son Gary. She alleged that the deed should be declared invalid because her son was in breach of his fiduciary duties. The court refused to declare the deed invalid, asserting that Gary was not in breach of his duties since information about the value of the farm's shares was publicly available.

The article discusses New Zealand's new transport standards for animals which were implemented on September 16, 2011. It states that these were made by the National Animal Welfare Committee (NZWAC) under the Animal Welfare Act 1999. The codes aim to mitigate injury and stress to animals during transport by monitoring stockmanship, the preparation and selection of animals for transport, and provisions for food, water, and rest.

The article discusses the health and safety responsibilities of dairy farmers, particularly in New Zealand. It cites that the National Action Agenda that was launched in the country in March 2011 in a bid to lower the number of work-related injury and disease. It presents the Health and Safety in Employment Act of 1992, which mandates that dairy farmers should take practicable means to ensure the safety of employees at work.

The article discusses the New Zealand court case StockCo vs. Tawhiti-Ariki and Anor which involved a livestock agreement. According to the author, Tawhiti-Ariki sold bulls to meat processors despite not being the owners of the bulls. She reports that the bulls were grazing on the company's farm under a grazing agreement. When Tawhiti sold its farm to StockCo, the latter asserts that they now own the bulls. The courts declared that StockCo was entitled to indemnity costs.

The article discusses the latest developments in the implementation of the dairy effluent scheme in Northland, New Zealand as of June 2011. Northern Regional Council water and waste monitoring programme manager Tess Dacre said that farmers are improving in dealing with dairy effluent but do not yet meet the requirements of enforcement officers. It cites the case of farmer Mervyn Pinny and his farm manager Hugh Bolton, who were penalized due to violations in discharging dairy effluent.

The article reports on animal welfare standards in New Zealand. It highlights Minister of Agriculture David Carter who undermined the role of weather events such as droughts as justification for letting animal welfare standards slip. He criticizes dairy farmers for not doing enough towards mitigating the impact of dairy farming on the environment. He stresses the need to review the Animal Welfare Act which was implemented on January 1, 2000.

The article reports that the Commerce Commission in New Zealand is asking players in the dairy industry to provide ideas for the resolution of the conflict between Fonterra and cheese producers Kaimai and Grate Kiwi. The conflict between the companies is connected to regulation a(1) of the Dairy Industry Restructuring (Raw Milk) Regulations 2001 (DIRA). The Commission first ordered Fonterra to supply milk to the cheese makers.

This article reports on the willingness of New Zealand's police to work more closely with rural communities to address their security concerns, according to Inspector Mark Harrison, rural area commander for Horowhenua, Manawatu, and Tararua district. But there are two key messages from the police to rural dwellers. The police's message is "do not get involved," Harrison said. He advises people to report to the police if something does happen. Many farmers procrastinate about security and it is not until something has been stolen that they act.

The article focuses on the importance of preparing a farm succession plan to dairy farmers and their family members. It discusses the studies conducted by the New Zealand Ministry of Agriculture and Forestry (MAF) on farm succession which are said to provide a number of lessons for farmers. It notes that family disputes may be avoided if members are informed of what is planned. Issues to consider when preparing a succession plan include business structures and taxes.

The article focuses on the use of broadband technology by farmers in New Zealand in managing their farms. According to Russell Gibbs of Tag IT Technologies, the options farmers have for receiving broadband on their properties include satellite, wireless service and telephone cable. It discusses the benefits of a wireless service which include the tracking of water leak. Andrew Cooke of Rezare Systems stated that the firm's agricultural software applications included monitoring of soil moisture.

The article reports on the pending decisions of the New Zealand Commerce Commission in two disputes relating to the supply of raw milk by Fonterra to independent processors. The first dispute, between Kaimai Cheese Company and Fonterra, involves a disagreement about the terms under which Kaimai can access raw milk under the default milk regime. The two parties have been unable to agree on the terms under which Grate Kiwi Cheese can access raw milk from Fonterra during the 2008/09 season.

The article focuses on a statement given by Penny Mudford, former president of Rangitikei/Manawatu Federated Farmers, regarding changes to the herd-owning sharemilking agreement in New Zealand. Federated Farmers reviewed its general sharemilking contract in 2006, producing a new version being used for the first time in the season of 2008. Mudford said the document was often referred to as a 50:50 sharemilking agreement. The agreement contains 44 clauses setting out the parties' rights and obligations under the contract.

This article focuses on disputes in the High Court and the Court of Appeals in New Zealand relating to sales of rural land. A contract was signed by Craggy Range Vineyards to purchase a land near Martinborough, New Zealand under the conditions that it obtains consent to take water at a minimum rate of 25 liters a second and that it will pay more if it obtained consent to source water sufficient to irrigate an additional land. The company failed to comply with the second condition.

The article discusses a court case that dealt with an attempt to appeal a settlement which had been reached by arbitration in New Zealand. In the case, Gallaway Cook Allan v. Carr, the defendant Ewan Carr has been in a commercial partnership involving dairy farming. The law firm Gallaway Cook Allan denied negligence and liability to Carr's claim that it was responsible for his failure to settle an amended settlement agreement on time.

The article discusses a case filed in the New Zealand Employment Relations Authority (ERA) involving farm worker Andrew Robertson and his employer Michael Mexted and Linda Mexted. Robertson has raised a personal grievance which was rejected by the ERA due to long delays. Details of the case are presented.

The article focuses on the concerns raised by accountants concerning the New Zealand Taxation Bill or Livestock Valuation, Assets Expenditure and Remedial Matters, despite the government's decision to backtrack on some livestock valuation rules introduced in the 2012 budget. The legislation was introduced to Parliament on September 13. The budget measures have eliminated the ability to exit from the herd scheme valuation method for livestock effective from August 18.

The article discusses the New Zealand High Court (NZHC) case Royal Forest and Bird Protection Society of New Zealand vs Waitaki District Council. The court ruled in favor of the conservation group who asked to overturn a certificate of compliance granted by the Waitaki District Council to Five Rivers permitting dairy cattle grazing and other farming activities. The court said the council lacked information proving that the activities described in the application were permitted activities.

The article reports that Lance William Burt, principal shareholder at Coromandel Land Trust, has been sentenced to nine months in jail and was ordered to pay 81,930 New Zealand dollars after being found guilty of dishonestly diverting milk payments from sharemilkers by the New Zealand courts. Burt purchased a dairy property on the Coromandel Peninsula in 2005 and entered a sharemilking agreement with Lisa and Ian Handcock. Burt reportedly manufactured a reason to cancel the contract.

The article reports that Armer Farms has been fined 72,000 New Zealand dollars plus costs for its unlawful discharge of dairy effluent on June 26, 2012. The case against the farm was initiated by the Bay of Plenty Regional Council after its effluent irrigation system failed in October 2012, resulting to a 40-centimeters (cm) split in a 60-meter pipe feeding an irrigator. District Court Judge Robert Wolff ruled that the farm failed to implement an efficient system for checking its irrigator.

The article reports on the community work sentence thrown against Northland, New Zealand farm manager Wilson Komene for failing to obtain treatment for a cow's painful eye cancer. Komene, who sent cattle to a local processing plant, admitted that he had known months earlier that the cow had a swollen eye and that he had tried to treat the animal himself and did not seek veterinary treatment. As such, he was convicted of reckless ill-treatment of an animal under the Animal Welfare Act 1999.

The article reports on the nearly 70,000 dollars in fines and court costs meted by New Zealand Environment Court Judge Laurie Newhook to Northland dairy farming couple Kylie and Mark Stanaway due to the discharging of farm effluent and silage leachate into tributaries of the Wairoa River in Ruawai. It claims that 90% of the fines will go to the Northland Regional Council. The opinion of the council's lawyer Karenza de Silva on the case is also cited.

The article reports on the decision of the New Zealand High Court to reduce fines and community work imposed for dairy farm effluent offences in 2011. It describes the total capture system used in the effluent system for a dairy farm in Waikato. Defendant Christian Aguila, employee at the farm, claimed that he was not legally responsible for effluent discharges. The fine imposed by the High Court was 11,000 dollars and 80 hours of community work.

The article discusses the New Zealand High Court case Justmink v. Tuhoe-Waikaremoana Maori Trust Board over the alleged loss of an opportunity to enter into a variable order sharemilking agreement in New Zealand. The agreement was terminated by the board in the middle of the year. The arbitrator ruled that the board is not entitled to terminate the agreement. The damages demanded by Justmink reached 310,000 dollars.

The article discusses two court cases in New Zealand, that of Junior Farms versus Commissioner of Inland Revenue, and that of National Bank of New Zealand versus Clements. In the former, it states that the plaintiff, known only as Plumley, sold a portion of his land to a company, and was charged extra taxes for the transaction. He won the case and was awarded 989,967 dollars. In the latter, the Clement family sued a bank for selling them high risk land, lost and had to pay 1 million dollars.

The article discusses council prosecutions of various farmsteads in New Zealand, and cites the opinions of Environment Minister Nick Smith regarding the matter. Smith commented on the report "Managing freshwater quality: Challenges for regional councils," by the Controller and Auditor-General, which looked into the way local governments were handling water resources in the country. It found that farms were cited for violations, which Smith felt went beyond their authority.

This article discusses the development of a national strategy for the animal welfare system of New Zealand in 2011. The government expects the review to make public in the first half of 2012. The Ministry of Agriculture and Forestry (MAF) has been asked by Agriculture Minister David Carter to revise the legislation and drafting the strategy.

This article explains the importance of dairy farmers checking legal documents themselves in New Zealand. It reflects on some court cases involving disputes over legal agreements. It discusses the move of the Court of Appeal to examine the meaning of an amended settlement agreement between parties during the acquisition of dairy farms.

The article reports on the 51,000 dollar fine imposed by New Zealand Environment Court judge Laurie Newhook to Northland dairy farmers Anthony Schluter and James Dodunski of JKD Farms due to charges of dumping dairy farm effluent into streams. According to Northland Regional Council lawyer Karenza de Silva, the farmers were issued several infringement notices before the decision. The opinion of Federated Farmers Waikato's James Houghton on the issue is also cited.

The article reports that the New Zealand Supreme Court has allowed dairy cooperative Fonterra to appeal an earlier decision which concerns the cooperative's dispute with cheese companies Grate Kiwi Cheese Co. and Kaimai Cheese Co. It contends that Fonterra have met its obligations to supply raw milk to Grate Kiwi and Kaimai, despite the Commerce Commission claiming the opposite. The basis of the appeal is also given.

The article discusses a court case wherein the New Zealand High Court held a farming couple liable for payment of commission to a real estate agent despite the postponement of a property sale in 2011. The case involved the Hadlows and Ask First National agent John Dickson. The Hadlows were required to pay 78,750 dollars in commission as well as interest and costs. The argument of the Hadlows about being misled by representations about the commission was rejected by the court.