Wynn Williams has partnered with the farming community for more than 150 years. While the face of farming has changed considerably, our commitment to the sector is stronger than ever.
Our specialist Rural Team provide legal services to private family farms, public companies, offshore clients, and other rural investment entities.
We can assist you with the following:
Farm Sales, Purchasing & Finance More Less
Each year, Wynn Williams is privileged to act for farmers involved in a wide range of farm transactions. We understand that often the transaction is more than a land sale; it represents a major event in our clients’ lives.
Our rural team advises on all aspects of sales and purchases of freehold and leased farm land, agribusiness, and associated interests in irrigation and dairy companies. We’re also involved in a wide range of farming finance and related business transactions.
Agribusiness, Dairying and Equity Partnerships More Less
Our Rural team works closely with our specialist Commercial team to provide comprehensive expertise to the agribusiness and corporate farming sector. Our advice covers areas such as commercial and trading structures and strategies, company law, equity partnerships, capital raising and commercial securities issues.
We advise on the establishment of joint ventures and special partnerships for dairying, general farming operations and primary sector businesses including: Securities Act issues; shareholders agreements and related constitution documents; implementation of financing structures; governance and management structures and agreements; and systems for entry/exit of participants from the venture.
Our involvement has spanned the full range of rural based activities including: arable and sheep and beef operations; dairy farming and conversions; cropping; horticulture; marine farming; share milking arrangements; Dairy co-operatives and the NZ Dairy Board; irrigation companies and schemes; Dairy product manufacturing JVs and milk supply agreements; agricultural engineering; rural transport operations; and restructuring companies for raising capital from the public.
At the other end of the life cycle of a business we also have expertise in: insolvency situations and the appointment of receivers etc; restructuring ownership and operational structures to address identified problems; and managing disputes between shareholders and facilitating the exit of partners.
Primary Industry Technology More Less
Our commercial team has significant expertise and interest in trading and technology development; and are closely involved with the export sector in the South Island.
Just some of our recent projects have included:
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Joint venture based collaborative research and development projects in the primary industry and technology sectors involving funding, input of expertise and allocation of rights to the end results.
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Establishing contracts to manage long supply chains to process and manufacture primary products into high quality goods, particularly in the wool industry.
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Assisting growing exporting companies to raise capital to expand and enter new markets.
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Negotiations of supply contracts in many countries across the globe for research and development services, bio tech and nutraceutical products and products which represent our essential clean green Kiwi ideals.
Family Farm Ownership, Structuring & Succession Planning More Less
Family farming operations have been the cornerstone of our firm for generations. Our long history in farming means we’ve seen farms handed down within families across a range of circumstances.
We advise on legal structures relating to farm land and business ownership including asset protection and structuring, trusts, wills and powers of attorney.
Where families are involved, we can assist with succession planning between generations including:
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The introduction of younger generations into family farming operations;
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Establishing trust structures to hold farms for the benefit of future generations;
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Options to recognise the interests of other family members who may not take over the family farm;
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The content of farming family members’ Wills to preserve the family farm and take into account the interests of all family members.
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Powers of Attorney
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Retirement from farming
Rural Land Law Issues More Less
Land law is a specialised area. Wynn Williams provides legal services relating to the full range of technical land law issues involved in farming and agriculture, including:
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Farm land leases and renewals
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Territorial Authority land issues including leases and allocation of land for specific purposes.
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Pastoral leases and special types of leases such as University of Canterbury Leases.
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Tenure review and creation of legal interests.
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Subdivisions.
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Easements and access issues.
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Access by power transmission companies over rural land.
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Dry river bed claims by adjoining land owners by accretion and AMF rights.
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Forestry Rights and Carbon Credits issues.
Resource Management More Less
Wynn Williams has one of the largest resource management teams in the South Island. We can assist with all resource management issues - ranging from the initial planning stages of a transaction, applying for resource consents and dealing with disputes. Some examples of our recent involvement include:
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Rural land use and changes in use, rezoning and subdivision issues
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Water issues including water take consents, bore consents, and the construction of water storage structures
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Gravel excavation and clean filling consents
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Discharge consents and effluent disposal issues
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Forestry Consents
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The development and construction of buildings and other facilities
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District and Regional Plan reviews and submissions on district plan provisions affecting activities on rural properties
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Environment Court appeals relating to;
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Specific consent applications
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Outstanding landscape areas and coastal protection areas in rural zone
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Groundwater and surface water takes including providing advice to ECan in relation to its role as head consent authority for Project Aqua
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Chicken and pig farming developments
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Marine farming issues.
Employment & OSH More Less
Farming today is a sophisticated business employing thousands of people across the country. Wynn Williams has an experienced employment law team which can assist at all stages of the employment relationship.
We provide advice and services relating to employment agreements, agricultural contracting services, farm management, farm accommodation, disputes and personal grievances.
Our expertise also extends to occupational safety and health issues. We have represented many employers across a wide range of industries in health and safety matters.
We are also very familiar with access issues relating to farming, and liabilities for land owners arising from injuries to visitors to the farm.
Insurance More Less
Wynn Williams has a specialist insurance law team, which is readily avaialble to assist our rural clients when regquired. We can advise on all issues relating to the terms of insurances, and responses to a specific claim situation.
Tourism Development More Less
Recent years have seen a growing interest in developing high quality tourism facilities in some of New Zealand's most spectacular locations. Wynn Williams has been involved in several such developments, including:
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The establishment of game ranches and hunting safari operations on high country properties.
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The development of the infrastructure required for operations such as hunting lodges and their associated regulatory requirements e.g hydropower schemes, water takes, sewage disposal, tracking and earthworks and gravel extraction.
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Dealing with issues relating to the ecology of the area and access by the public to high country land and to waterways. Liaison with DOC, Fish & Game and the QEII Trust relating to those issues.
Overseas Investment More Less
Rural properties in New Zealand continue to be an attractive option for overseas investors. Wynn Williams has significant experience in advising overseas companies and individuals on investing in land and businesses in New Zealand.
Every year, a number of our senior lawyers visit our key markets in the United Kingdom and the United States. The purpose of these visits is to stay current with investment trends, and to promote opportunities in New Zealand. We have strong links with Bayleys Real Estate, and the National Bank, as partners in servicing this area.
Litigation & Dispute Resolution More Less
Our litigation team provides representation in all of the Courts of New Zealand; as well as assisting to resolve disputes by direct negotiation, arbitration and mediation.
Due to our strong links to the rural sector, we have considerable experience in dealing with a range of disputes that can arise across the wide range of farming-related activities. Just some examples include:
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Disputes over leases and share-milking arrangements.
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Contract based disputes (e.g arising out of drilling of seed for crops, disputes over quality of stock sent to the freezing works, and damage caused to a bore pump from work on a well).
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Contract and negligence claims involving people working in the full range of rural based activities including vets, stock agents, valuers, and real estate agents.
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Disputes within farming families regarding the terms of wills (e.g leaving the farm to specific family members to the exclusion of others; or claims made against a deceased estate).
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Relationship property claims involving farming families on separation.
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Criminal defence and prosecution work on issues arising out of the Resource Management Act and a raft of other legislation affecting rural operations (e.g the spread on an inadequately controlled high country fire to a neighbouring property; a high profile prosecution arising out of the collapse of the partially built Opuha dam and the damage the resulting flood caused to downstream farmers as well as the Opuha river system).
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Claims for compensation under the Forest and Rural Fires Act.
- Dissolution of a large farming partnership into separate trading entities.
- Rural property transactions and associated structuring, financing and leasing.
- The sale process of approximately $600 million of agribusiness assets.
- Restructuring of commercial arrangements necessitated by the receivership of one of New Zealand largest corporate dairy farming oprations.
- Joint ventures in the agribusiness, mining and construction sectors.
- Negotiating and drafting a complex manufacture and supply agreement for the provision of a continuous high quality flow of wool to a major garment manufacturer involving multiple processors located in several countries. Key elements included funding arrangements, retention of ownership and control of goods through the supply chain, and remedies for failures in supply and service.