Focus Industry

Agribusiness

Summary

At Anthony Harper, we know agribusiness. We have a team of lawyers who specialise in this sector and provide tailored legal solutions to clients across New Zealand and beyond. We work with a diverse range of businesses; from individual family farms to corporate equity partners and international investors with multiple and diverse interests. We understand the opportunities and challenges they face in today's competitive and dynamic market.

Agribusiness and agricultural law require specialist skills – and the ability to operate at every level of the sector. Whether you need advice on a dispute with your neighbour, succession planning, environmental compliance or financing, we can guide and advise you to achieve your strategy while protecting your interests. Our lawyers have extensive experience and knowledge of the industry and its myriad regulations, and they are committed to delivering practical and effective solutions that suit your needs and budget.

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Key services

Buying and selling agribusinesses/farms

We have extensive experience in advising on the acquisition and disposal of agribusinesses, both within New Zealand and overseas. We can help you with due diligence, contract drafting and negotiation, regulatory approvals, financing and settlement.

Corporate and equity partnerships

We advise on the formation, operation and dissolution of equity partnerships, which are a common way of investing in and managing agribusinesses. We help you draft and negotiate partnership agreements, shareholders' agreements, deal with disputes and exit strategies, and advice on compliance.

Family farm related legal work

We assist our clients with all aspects of family farm related legal work, such as trust establishment and management, asset and succession planning, wills and estates. We help you preserve your legacy and plan for the future of your farm, while minimising liabilities.

Financing and financial restructures

We provide expert advice on the financing and financial restructures of agribusinesses, including bank lending, syndicated loans, securities, guarantees, receiverships and liquidations. We can help you secure funding, manage debt, and navigate insolvency issues.

Environmental law

We advise on the complex and evolving environmental law that affects agribusiness, including the Resource Management Act, the Emissions Trading Scheme, the National Policy Statement for Freshwater Management, and the Climate Change Response Act. We help you obtain and comply with resource consents, deal with enforcement actions, and participate in policy and plan making processes.

Contracts and disputes

We assist our clients with drafting, reviewing and enforcing contracts related to agribusiness, such as supply agreements, distribution agreements, licensing agreements, joint ventures and shareholder agreements. We also represent our clients in resolving disputes through negotiation, mediation, arbitration or litigation.

Digital and other novel technologies

We advise technology companies in the sector who have the latest developments in digital and other novel technologies that impact agribusiness, such as biotechnology, drones and smart farming. We help you understand and utilise these technologies, while ensuring compliance with intellectual property, privacy, data security and consumer protection laws.

Overseas investment

We advise on the Overseas Investment Act, which regulates the acquisition of sensitive land, significant business assets and fishing quota by overseas persons. We help you obtain consent from the Overseas Investment Office, meet the conditions and reporting obligations, and avoid penalties and enforcement actions.

High country tenure matters

We advise on the unique legal issues that arise from high country tenure, such as pastoral leases, Crown land, conservation land, access rights, and indigenous biodiversity. We help you protect and enhance your high country assets, while balancing environmental and cultural values.

Key people

Work Highlights

Advising Farming Partners NZ limited on their acquisition of a 25% interest in Waikirikiri Farm Limited Partnership.
Sale and disposal of horticultural interest including IP rights to varieties together with supply chain management.
Advising Scales Corporation on its acquisition of selected orchard assets and 50% of the shares in Profruit from Bostock Group.
Numerous overseas investment applications including advertising exemptions.
Providing independent advice on structuring and sharemilking contracts, where we were specifically appointed because of our expertise in agricultural law.
Advised on the purchase of a dairy farm, which set a New Zealand record for the highest price paid at auction.
Advised on the restructure of a large New Zealand based Dairy Partnership in excess of $200m using a number of legal entities together with securing and negotiating the finance arrangement.
Managed the sales process and disposal of new livestock species to New Zealand.
Advised on a proposed $200m wind farm development in the Hurunui District.
Advised high country landowners on Plan Change 13 to the Mackenzie District Plan.
Acting for VinLink Marlborough Limited on its acquisition of the Marlborough assets of Sacred Hill Marlborough Limited, including the financing of that transaction and offtake contracts for the export of wine.
Acquisition and development finance by Scales Corporation Limited’s for the expansion into Europe for its pet food ingredients business.

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