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Farm Purchase Agreement for New Zealand

Farm Purchase Agreement Template for New Zealand

A comprehensive legal document governed by New Zealand law that facilitates the purchase and sale of agricultural property, including land, buildings, and potentially livestock and equipment. The agreement addresses crucial aspects such as property transfer, purchase price, settlement conditions, due diligence requirements, and compliance with New Zealand agricultural and environmental regulations. It incorporates specific provisions for rural property transactions, including resource consents, water rights, and land use restrictions under New Zealand's Resource Management Act and related legislation.

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What is a Farm Purchase Agreement?

The Farm Purchase Agreement is a specialized legal document used in New Zealand for transactions involving agricultural properties. It is essential when transferring ownership of farm properties, whether they are dairy farms, livestock farms, orchards, or other agricultural enterprises. The document must comply with New Zealand's property law framework, including the Property Law Act 2007 and the Land Transfer Act 2017, while addressing specific agricultural considerations such as stock transfers, water rights, and environmental compliance. This agreement is more complex than standard property purchases due to the additional considerations of farm operations, resource consents, and agricultural assets. It typically includes comprehensive schedules detailing included assets, stock inventories, and environmental obligations, making it suitable for both simple farm transfers and complex agricultural property transactions.

What sections should be included in a Farm Purchase Agreement?

1. Parties: Identification and details of the vendor and purchaser

2. Background: Context of the transaction and brief description of the farm property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the farm property, including land titles and boundaries

5. Purchase Price: Agreement on purchase price, deposit, and payment terms

6. Settlement: Settlement date, requirements, and process

7. Due Diligence: Buyer's rights and timeframes for conducting due diligence investigations

8. Conditions Precedent: Conditions that must be satisfied before the agreement becomes unconditional

9. Warranties: Vendor's warranties regarding the property, operations, and compliance

10. Risk and Insurance: Allocation of risk and insurance requirements until settlement

11. Default: Consequences and remedies in case of default by either party

12. General Provisions: Standard contract clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Farm Purchase Agreement?

1. Existing Leases: Details of any existing leases or tenancies that will continue post-settlement

2. Sharemilking Arrangements: Terms relating to existing sharemilking contracts if applicable

3. Environmental Compliance: Specific provisions regarding environmental obligations and compliance

4. Water Rights: Details of water rights and allocations if separate from general property rights

5. Stock Transfer: Terms for transfer of livestock if included in the sale

6. Employee Transfer: Provisions for existing farm employees if their employment is to be transferred

7. Fonterra Shares: Transfer of Fonterra shares if the farm is a dairy operation

8. GST Zero Rating: Required when both parties are GST registered and property is used for taxable activity

What schedules should be included in a Farm Purchase Agreement?

1. Schedule 1: Property Details: Detailed description of land parcels, titles, and legal identifiers

2. Schedule 2: Included Assets: Comprehensive list of plant, equipment, and fixed assets included in sale

3. Schedule 3: Excluded Assets: List of assets specifically excluded from the sale

4. Schedule 4: Stock Inventory: Details of livestock included in sale if applicable

5. Schedule 5: Resource Consents: List of current resource consents and permits

6. Schedule 6: Production Records: Historical production data and farm performance metrics

7. Schedule 7: Environmental Reports: Environmental compliance reports and assessments

8. Appendix A: Land Information Memorandum: LIM report from the local authority

9. Appendix B: Title Documents: Copies of relevant title documents and easements

10. Appendix C: Farm Maps: Detailed maps showing farm boundaries, infrastructure, and key features

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions
















































Clauses









































Relevant Industries

Agriculture

Dairy Farming

Livestock Farming

Horticulture

Viticulture

Real Estate

Legal Services

Financial Services

Agribusiness

Environmental Services

Relevant Teams

Legal

Real Estate

Rural Banking

Property Services

Agricultural Advisory

Environmental Compliance

Risk Management

Commercial Banking

Rural Valuation

Corporate Advisory

Relevant Roles

Farm Owner

Farm Buyer

Real Estate Agent

Property Lawyer

Rural Property Specialist

Agricultural Consultant

Bank Manager

Rural Finance Manager

Environmental Compliance Officer

Farm Manager

Agricultural Property Valuer

Agribusiness Advisor

Trust Manager

Company Director

Legal Counsel

Conveyancing Lawyer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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