RuralBusiness

Opportunities and limitations for the rural sector

The proposed New Zealand-India Free Trade Agreement (FTA) represents a significant development in the relationship between two very different agricultural economies.

India is now the world’s most populous country, with a rapidly growing middle class and increasing demand for high-quality goods and services. For New Zealand’s rural sector, the agreement creates many potential opportunities, although the benefits will not be evenly spread across all industries.

 

No dairy products

One of the most important features of the FTA is what it does not include. Dairy, New Zealand’s largest agricultural export sector, has largely been excluded from meaningful market access improvements. This reflects the political and economic importance of dairy farming within India, where millions of small-scale farmers rely on dairy production for income.

For New Zealand dairy farmers, this means the agreement is unlikely to deliver the type of transformational change experienced under previous trade agreements, such as improved access into China. Significant tariffs and restrictions on dairy products are expected to remain, limiting opportunities for products such as milk powder, butter and cheese.

 

Benefits to New Zealand however

While it may be disappointing for New Zealand’s largest export industry that the FTA does not include dairy, the wider rural sector could still benefit substantially:

The red meat sector may be one area with future opportunity: Although India is not traditionally viewed as a major market for New Zealand beef and lamb, changing demographics, urbanisation, tourism growth and increasing household incomes may support demand for premium imported meat products. High-end restaurants, hotels and specialist food retailers provide opportunities for New Zealand producers who are able to market themselves around quality, safety and traceability.

Horticulture could see meaningful benefit: New Zealand products such as kiwifruit, apples, cherries and other premium produce are well-positioned to appeal to India’s expanding middle class. Reduced tariffs, improved customs processes and stronger trading relationships could make these products more competitive. For growers, increased access to a market of more than 1.4 billion people provides an important opportunity to diversify beyond existing export destinations.

Forestry may also benefit from closer trade ties: India’s growing population and continued urban development are creating increasing demand for construction materials and wood products. New Zealand’s forestry industry, including exporters of logs and processed timber, may be well placed to satisfy this demand as India continues investment in housing and infrastructure.

Opportunities for the wool and fibre industries: While wool has faced significant challenges in recent years, India’s large textile and manufacturing sectors could create opportunities for high-quality New Zealand wool products. A stronger trading relationship may assist producers seeking new markets beyond traditional buyers.

 

FTA will go beyond the farm gate

The benefits of increased trade are unlikely to stop at the farm gate. Rural contractors, transport companies, processors, ports, professional advisers and technology providers may all benefit from increased export activity. New Zealand’s expertise in agricultural technology, animal genetics, environmental management and efficient farming systems may also create opportunities to export knowledge, not just physical products.

However, rural businesses should approach this new market carefully. India is a complex economy with different legal systems, regulations and commercial practices. Businesses considering expansion will need to carefully manage contracts, payment terms, intellectual property protection, biosecurity requirements and supply chain arrangements. Good professional advice will be vital to succeed in India.

There are also concerns that increased trade can create competitive pressures. While New Zealand’s agricultural sector is highly efficient, cheaper imported goods, labour differences, and different production standards can create tension. Ensuring fair competition and maintaining New Zealand’s reputation for quality will remain essential.

The exclusion of dairy means the FTA is unlikely to be a complete solution for New Zealand agriculture. The sector that has historically delivered the greatest export value may receive the least immediate benefit. For other rural industries, however, particularly horticulture, forestry, sheep and beef, and specialised agricultural services, the FTA could provide valuable long-term opportunities.

Ultimately, the success of the FTA for rural New Zealand will depend less on the signing of the document itself, and more on the ability of producers and exporters to identify opportunities, manage risk and build lasting relationships in one of the world’s fastest-growing economies.

 

FTA still to be ratified

While the FTA has been signed, it is still currently undergoing domestic ratification. It has now passed its first reading in Parliament and is currently being reviewed by the Foreign Affairs, Defence and Trade Committee.

After the committee process is completed, the legislation must still pass its remaining readings before the FTA formally comes into force.

 

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

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