BiosecurityNZ

Over the fence

Biosecurity overhaul

In July 2025, the Ministry of Primary Industries released its proposed ‘Biosecurity System Action Plan.’ It is intended to guide new legislation to amend the Biosecurity Act 1993, and to overhaul current biosecurity regimes to improve process, obligations and rights. This will impact importing/exporting, practices on farm and government accessibility to farms.

The action plan is presented in two tranches. The first focuses on immediate priorities – clarifying roles, modernising processes and providing training tools. The second tranche will build on successful initiatives, consider social and cultural impacts and develop long term resolutions. Significant progress on both tranches by 2030 is proposed.

Key proposed amendments following submissions and consultation include:

  • Placing greater decision-making discretion with regional councils and management agencies – including the ability to create exemptions, issue permits for pests and produce small scale management plans
  • Increasing and introducing new penalties, including for obstructing a lawful search
  • The ability to grant one-off or ad hoc permits for imported goods, and
  • Removing the need for the current exemption for regional councils to enter private land to manage pests.

A draft bill is anticipated to be presented to Parliament in late 2026.

To read more on the Biosecurity System Action Plan, the steering group workshops and the proposed next steps, click here.

 

Employee v contractor

On 21 February 2026, a new ‘gateway test’ was introduced to determine whether an individual is an employee or a contractor in terms of employment law. The gateway test does not apply retrospectively.

Gateway test: An individual is a contractor if they meet all the gateway test criteria. These are:

  • There must be a written agreement stating they are an independent contractor or are not an employee
  • No restriction from working for others (except while undertaking agreed work)
  • They are not required to work at a specified time/period OR they can subcontract the work, subject to legally required or justifiable vetting
  • Additional future work can be declined without the arrangement being terminated, and
  • There has been a reasonable opportunity to seek independent advice before entering into the arrangement.

If all criteria are satisfied, the individual is a contractor. If any of the criteria is not met or for claims brought prior to 21 February 2026 the common law test (below) applies.

The four factors below are considered together to determine whether an individual is a contractor:

  1. Intention – what did the parties intend the relationship to be? Consider entitlements received – for example, contractors are not entitled to holiday pay.
  2. Control v independence – high employer control over hours, work and methods may be indicative of an employer/employee relationship
  3. Integration – is the role fundamental to an employer’s business and continuous in nature, and
  4. Fundamental/economic reality – does the economic reality reflect a person in business on their own account? Consider fee structure, tax obligations, ability for the individual to profit and who bears financial risk.

The distinction between an employee and contractor is highly relevant for the rural sector as you may have both contractors (such as sharemilkers and contract milkers) and employees (farm hands, managers, etc) working on your property.

 

Wills and EPAs: essential for rural sector

For people who are responsible for farms and other major assets, it is important to ensure you have a current will and Enduring Powers of Attorney (EPAs). If you don’t have these and you die unexpectedly, lose mental capacity, or are unable to attend to your personal affairs for a period, it could lead to not only farming operations being disrupted, but also family uncertainty and having to spend time and money on sorting things out.

Will: Your will sets out your instructions about the distribution of your property to your family after you die. Even if you have a will, it is good practice to regularly review it, so it reflects your current situation and wishes.

If you don’t have a will, there is legislation[1] that decides how your estate is divided up; this arrangement may not be what you would wish. To prevent this, it’s optimal (and much easier) to ensure you have a valid will that reflects your wishes. Your family will thank you for it.

EPA: An EPA is a legal document that allows a trusted person (your attorney) to manage your affairs and personal care. There are two forms of EPA – one covering property affairs and the other about your personal wellbeing. An EPA for personal care only applies if you lose mental capacity, while an EPA for property can also apply while you have capacity.

For a property EPA, your attorney could be a trusted friend or relative, or you could appoint a trustee company to manage your property matters.

For a personal care and welfare EPA, you can only appoint a person as your attorney.

We can help you set up EPAs and a will or, if you already have them, review them so they reflect your current situation.

[1] Administration Act 1969.

 

 

DISCLAIMER: All the information published in Rural eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are those of individual authors, and do not necessarily reflect the view of Edmonds Judd. Articles appearing in Rural eSpeaking may be reproduced with prior approval from the editor and credit given to the source.
Content Copyright © NZ LAW Limited, 2026.    Editor: Adrienne Olsen.       E-mail: [email protected]      Ph: 029 286 3650


Over the fence

Health and safety on farms in the wet season

Farming in New Zealand is a year-round responsibility. The wet season (usually in winter) has particular challenges that require an increased focus on health and safety practices.

Working in wet conditions presents hazards for you, your employees and your property. These include:

  • Rain-soaked ground and slippery surfaces make it easy to lose footing, increasing the risk of sprains, fractures or more severe injuries
  • Machinery, such as tractors and quadbikes, become harder to control raising the likelihood of accidents and machinery damage
  • Livestock can be unpredictable and difficult to manage when moving them through flooded or slippery areas, and
  • Flooding can restrict access to key areas of farmland, damage infrastructures and contaminate water supplies.

Improving health and safety: The Health and Safety at Work Act 2015 outlines the responsibilities of both employers and employees. It requires all parties to take reasonable care for their own safety and ensure that their actions do not adversely affect the health and safety of others.

With this year’s heavy winter rain, it is essential to implement effective risk mitigation strategies. Checking and repairing drainage systems may reduce the risk of flooding or damage to other infrastructure before the onset of heavy rain. This includes cleaning drains, reinforcing culverts and ensuring paddocks are equipped with adequate runoff channels.

Some other risk mitigation measures include:

  • Providing all workers with waterproof clothing and appropriate footwear
  • Conducting regular maintenance checks on all equipment
  • Ensuring health and safety policies and procedures are up to date, and
  • Having adequate training and supervision for all workers.

By proactively implementing these safety measures, farmers can reduce the risks associated with wet weather and create a safer working environment for themselves, their employees and their livestock.

 

Changes to the Recognised Seasonal Employer scheme

The agricultural sector in New Zealand continues to struggle with a persistent shortage of experienced farm workers.

In response to this ongoing problem, many employers have turned to the Recognised Seasonal Employer (RSE) scheme. This initiative enables workers from eligible Pacific countries to travel to New Zealand on a seasonal basis to assist with tasks such as planting, maintaining, harvesting and packing crops.

Recent changes and what’s ahead:

  • Since 10 March 2025: The median wage requirement was removed for future employees and the work experience requirement for workers was reduced from three years to two years, and
  • A proposal for changes to start on a yet-to-be-decided date in November 2025: New pathways will be introduced for experienced seasonal workers, including:
  • A three-year multi-entry visa for experienced workers, and
  • A seven-month single-entry visa for lesser-skilled workers.

What do these changes mean for employers and employees? Employers hiring under the Accredited Employer Work Visa or Seasonal Specific Purpose Work Visa are no longer required to pay the median wage. Instead, the only wage thresholds are to ensure the worker is being paid the market rate and that rate is above the New Zealand minimum wage; the minimum wage increased to $23.50 per hour on 1 April 2025.

The reduction of migrants only needing to demonstrate two years’ relevant work experience broadens eligibility and allows more workers to qualify.

Finally, the introduction of multi-entry and single-entry seasonal visas will create more opportunities for seasonal work in New Zealand. They will also provide workers with structured pathways that support varying skill levels, and offer more flexible and sustainable options for both employers and employees.

 

Foot and mouth disease agreement

Foot and mouth disease (FMD) is a highly contagious viral illness that primarily affects cloven-hoofed animals such as cattle, pigs, sheep, deer and goats. FMD is rarely fatal but could still lead to significant production loss, and severely impact our meat and dairy industry.

Common FMD symptoms are:

  • Blisters in the mouth, on the feet, or on the teats
  • High fever
  • Loss of appetite due to mouth pain
  • Lameness or difficulty walking caused by blisters, and
  • Decreased milk production.

The FMD agreement: An agreement has been entered into between six major livestock industry organisations and the government. It formalises how all parties will work together to prepare for, and respond to, an outbreak of FMD in New Zealand.

The agreement outlines clear roles and responsibilities for all partners, including how associated costs will be shared. It gives industry partners a direct and legally binding role in decision-making. This ensures that the perspectives of farmers and industry stakeholders are included in every stage of the response.

It is estimated that an FMD outbreak in New Zealand could cost up to $3 billion to eradicate. Livestock industry partners would contribute up to 40% of preparation costs and 15% of response costs, with total contributions capped at $450 million over the five year duration of the agreement.

Recent FMD outbreaks overseas highlight the importance of New Zealand reaching an adequate level of preparedness and the peace of mind this will provide for industry providers.

 

DISCLAIMER: All the information published in Rural eSpeaking is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this newsletter. Views expressed are those of individual authors, and do not necessarily reflect the view of Edmonds Judd. Articles appearing in Property Speaking may be reproduced with prior approval from the editor and credit given to the source.
Copyright, NZ LAW Limited, 2022.     Editor: Adrienne Olsen.       E-mail: [email protected].       Ph: 029 286 3650