INTERIM GRAZING AGREEMENT FOR RELOCATED LIVESTOCK
IN THE EVENT OF A NATURAL DISASTER
AGREEMENT made this
day of
20
___
BETWEEN:
1.
THE STOCK OWNER
Name: ……………………………………
Address for service ………………………………………………………………………………..
Telephone: ………………………………… Mobile: ……………………………………………
Email: …………………………………………
GST number: ………………………………..
2.
THE HOST FARMER
Name: ……………………………………
Address for service ………………………………………………………………………………..
Telephone: ………………………………… Mobile: ……………………………………………
Email: …………………………………………
GST number: ………………………………..
Background
As a result of a disaster declared on dd/mm/yyyy, the parties agree that the Host Farmer shall
temporarily graze the Stock described in the Stock Schedule on the Land described in this
Agreement and on the terms and conditions set out in this Agreement.
WARNING: This agreement has been prepared by DairyNZ Limited as a guide only. Professional advice
should be sought before using this agreement to ensure that it meets the particular needs and
circumstances of each party to the agreement. While DairyNZ Limited has taken every reasonable care in
preparation of this agreement, DairyNZ Limited does not accept liability for any errors it may contain or any
liability which may arise for any party using this agreement. Without limiting the foregoing, this agreement
should not be used without legal advice if there is any possibility that the Stock will be on the Host
Farmer’s land for more than one year.
JQC-470772-172-6-v1
TABLE OF CONTENTS
1.
TERMS ......................................................................................................... 3
2.
AGREEMENT ............................................................................................... 3
3.
TERM OF AGREEMENT .............................................................................. 3
4.
BIOSECURITY .............................................. Error! Bookmark not defined.
5.
MILKING COWS........................................................................................... 3
6.
PAYMENT OF GRAZING FEES ................................................................... 4
7.
CALVES BORN TO THE STOCK ................................................................. 4
8.
MATING ....................................................................................................... 4
9.
OBLIGATIONS OF THE STOCK OWNER AND HOST FARMER ................. 4
10.
OTHER RIGHTS & OBLIGATIONS .............................................................. 6
11.
CANCELLATION OF THIS AGREEMENT .................................................... 6
12.
RESPONSIBILITY FOR STOCK................................................................... 7
13.
DISPUTE RESOLUTION .............................................................................. 7
14.
SPECIAL CLAUSES (if any) ......................................................................... 9
STOCK SCHEDULE .............................................................................................. 10
JQC-470772-172-6-v1
1.
TERMS
In this Agreement, unless the context otherwise requires:
1.1
"Agreement" includes any schedule forming part of this agreement;
1.2
"Commencement Date" means the ______ day of ____________________ 20____
1.3
“Land” means the land situated at ____________________________(address of farm)
and legally described as
(area) hectares more or less being
(Full legal description of land e.g Lot and DP numbers)
and being all the land comprised in Certificate of Title(s):
___________________
___________________
___________________
___________________
___________________
___________________
(list Certificate of Title identifiers – use additional pages if more space required)
in _______________________ Land Registration District;
(specify Land Registry e.g. North Auckland, South Auckland, Gisborne, Hawkes Bay, Taranaki, Wellington, Marlborough,
Canterbury, Otago as it appears on Certificate of Title)
1.4
“Like Stock” means stock which is in all respects as similar as is reasonably practicable to
the dead, missing or stolen stock, including as to sex, breed, age, condition score, BW,
and pregnancy status and which is disease free and sound in body.
1.5
"Stock" means the relocated stock identified in the Stock Schedule;
1.6
“Termination Date” means: the________ day of _______________20_______
2.
AGREEMENT
2.1
The Host Farmer shall take in the Stock to be grazed on the Land in accordance with the
conditions of this Agreement.
3.
TERM OF AGREEMENT
3.1
This Agreement shall commence on the Commencement Date and end on the
Termination Date unless previously terminated by either party in accordance with the
terms of this Agreement (“Term”).
4.
MILKING COWS
4.1
All milk produced by the Stock and all proceeds arising from such milk are deemed to be
the property of the Host Farmer.
4.2
In consideration of the Stock Owner agreeing to clause 5.1, the Host Farmer agrees that
no grazing fees are payable by the Stock Owner to the Host Farmer for the grazing of
those Stock in milk.
JQC-470772-172-6-v1
4.3
The Host Farmer is not under any obligation to herd test the milking Stock.
5.
PAYMENT OF GRAZING FEES
5.1
The Stock Owner shall pay a grazing fee of $_____ (excluding GST) per cow per day for
any cow not in milk.
5.2
While a cow is in milk no grazing fee shall be payable for that cow.
5.3
Grazing fee for all other stock shall be $______ per head per week.
5.4
Grazing fees shall be paid in arrears on the last day of each month from the
Commencement Date.
5.5
Non-grazing costs
If the Stock Owner requests that the Stock be mustered to the yards for udder checks or
drenching or any other reason, the Host Farmer may charge $1/head up to a maximum of
$60 both excluding GST (“yard fees”). Yard fees are payable at the same time as the
next instalment of grazing fees is due or on demand by the Host Farmer.
5.6
The Stock Owner will pay interest at the rate of 12% per annum on any payment due to
the Host Farmer under this Agreement which is in arrears calculated from the due date
for payment to the date of actual payment.
6.
CALVES BORN TO THE STOCK
6.1
All progeny of the Stock remain the property of the Stock Owner and will be subject to this
Agreement.
6.2
The Host Farmer/Stock Owner
the Stock.
6.3
All calves shall be reared by the Host Farmer in a manner considered good practice.
6.4
The Stock Owner may negotiate with the Host Farmer any extra terms, including payment
for the rearing of any chosen bull calves.
7.
MATING
7.1
After consultation with the Stock Owner, and by mutual agreement, artificial insemination
(AI) shall be initiated for milking cows in a timely fashion after calving.
7.2
Sires chosen for AI shall be by mutual agreement between the Stock Owner and the Host
Farmer.
7.3
The Stock shall be mated in a manner that corresponds with normal industry standards.
In the event of a dispute over the timing or method of mating, the Host Farmer shall make
the final decision.
7.4
Mating detail certificates shall be kept by the Host Farmer and made available to the
Stock Owner upon request.
7.5
The costs of mating the Stock shall be paid by the Stock Owner/Host Farmer (delete one).
8.
OBLIGATIONS OF THE STOCK OWNER AND HOST FARMER
8.1
Stock Owner's Obligations
JQC-470772-172-6-v1
(delete one)
will bear the cost of rearing heifer calves born to
8.2
a.
The Stock Owner shall make available to the Host Farmer full and complete
information on any animals known to be dangerous or diseased or which are
subject to any Government stock movement restriction order.
b.
The Stock Owner will ensure that all Stock comply with NAIT requirements for
movement notification (clause 10.2).
c.
The Stock Owner will pay cartage costs one way/both ways
associated with transport of Stock to and from the Land.
d.
The Stock Owner shall during the Term when requested by the Host Farmer
promptly remove from the Land any Stock found to be suffering from any disease,
sickness or any other ill-thrift and arrange for the treatment of any injured Stock
and meet all veterinary expenses.
Stock Owner's Warranty
a.
8.3
(delete as applicable)
The Stock Owner warrants that all vaccinations and other treatments required by
good husbandry have been given to the Stock at the appropriate times prior to
delivery of the Stock to the Land and that none of the Stock is suffering from any
infectious disease or ill thrift.
Host Farmer's Obligations
a.
The Host Farmer shall not knowingly turn out to pasture on the Land any animals
known to be dangerous or diseased or which are subject to any Government stock
movement restriction order or are not accompanied by appropriate movement
documentation.
b.
The Host Farmer will pay cartage costs one way/both ways
associated with transport of Stock to and from the Land.
c.
The Host Farmer shall feed, care for, milk and manage the Stock in accordance
with good farming practices. Without limiting the foregoing, the Host Farmer will
ensure the control of all internal and external parasites and undertake any other
treatments required by good husbandry.
d.
If at any time the Host Farmer shall have knowledge or notice that any of the
Stock is apparently suffering from illness or accident the Host Farmer shall
immediately give notice of the same to the Stock Owner, and in the case of
urgency and the Stock Owner not being available, call in a veterinary surgeon (if
available) at the expense of the Stock Owner.
e.
The Host Farmer shall ensure that the Stock, if dry, have access to water of
sufficient quality and quantity to satisfy daily requirements of 35 litres/cow/day, or
70 litres/cow/day if lactating.
f.
The Host Farmer will ensure the Land on which the Stock are depastured has
adequate subdivision and that all fences and gates of the fields are in a
reasonable state of repair at the Commencement Date and will be maintained
during the Term in that condition. Internal subdivision will be by electric fences.
g.
The Host Farmer will provide on the Land a loading race with suitably metalled
access. All facilities shall be in keeping with the total number of Stock carried on
the Land.
h.
The Host Farmer must not permit any third party to remove any of the Stock from
the Land without the Stock Owner’s prior approval.
JQC-470772-172-6-v1
(delete as applicable)
8.4
Host Farmer's Warranty
a.
The Host Farmer warrants that the Land has no history of brucellosis or
tuberculosis for the twelve months immediately preceding the Commencement
Date and has not been subject to any Government stock movement restriction
during the same period.
9.
OTHER RIGHTS & OBLIGATIONS
9.1
Access to Stock
a.
9.2
9.3
The Stock Owner shall have the right to inspect the Stock at any time upon not
less than 24 hours’ notice to the Host Farmer. The Stock Owner must not
unreasonably interfere with the Host Farmer’s farming operation.
NAIT Compliance
a.
The Stock Owner shall ensure that on delivery all Stock are individually identified
as being the property of the Stock Owner in accordance with the Stock Schedule.
b.
The Stock Owner shall record a sending movement to NAIT of the Stock within 48
hours of their relocation to the Host Farmer.
c.
The Host Farmer shall record receipt of the Stock to NAIT within 48 hours of their
relocation to the Land.
d.
All calves born to the Stock remain the property of the Stock Owner.
e.
The Stock Owner shall provide appropriate NAIT ID tags for calves born to the
Stock that will be kept for rearing. The Host Farmer will correctly identify and tag
such calves born to the Stock.
f.
Bobby calves born to the Stock shall be tagged with direct-to-slaughter tags
issued by the meat processing company. The Stock Owner shall receive the net
revenue from such sales.
Rejection of Stock
a.
The Host Farmer may refuse to accept delivery of any Stock if the Host Farmer
believes, on reasonable grounds, that such Stock are diseased or dangerous.
10.
CANCELLATION OF THIS AGREEMENT
10.1
The Stock Owner shall have the right at any time to uplift any or all of the Stock after
giving the Host Farmer no less than five working days’ notice.
10.2
The Host Farmer shall have the right at any time to give five working days’ notice to the
Stock Owner to remove any or all of the Stock from the Land.
a.
The return of the Stock to the Stock Owner upon expiry or cancellation of this
Agreement shall be without prejudice to either party’s rights and remedies arising
prior to expiry or cancellation of this Agreement.
JQC-470772-172-6-v1
11.
RESPONSIBILITY FOR STOCK
11.1
Risk in Stock
a.
11.2
Subject to clause 12.2, all Stock shall continue during the Term to be at the risk of
the Host Farmer. The Host Farmer shall take reasonable precautions for the care,
safety and security of the Stock.
Stock Dead, Missing or Stolen
If during this Agreement any of the Stock die or are lost, missing, or stolen, then the Host
Farmer shall compensate the Stock Owner as follows:
11.3
a.
For Stock which are lost, missing, or stolen, the Host Farmer shall provide the
Stock Owner with Like Stock.
b.
For Stock deaths attributable to a breach by the Host Farmer of this Agreement or
attributable to the Host Farmer’s negligence, the Host Farmer shall provide the
Stock Owner with Like Stock.
c.
Subject to clause 12.2b, the Host Farmer shall not be liable for any deaths due to
facial eczema or occurring within 7 days of arrival. The Host Farmer shall, if
required by the Stock Owner, produce a veterinary certificate for any stock which
die, at the expense of the Host Farmer.
Straying animals and claims for trespass
a.
11.4
The Host Farmer warrants that all the fences and gates of the fields in which the
Stock are to be depastured are in a reasonable state of repair. The Host Farmer
shall ensure that all fences and gates of the fields on the Land in which the Stock
are depastured will be maintained in a reasonable state of repair throughout the
Term. The Host Farmer shall indemnify the Stock Owner against any claim which
may be made against the Stock Owner in consequence of any trespass by the
Stock.
Condition of Stock upon return to the Stock Owner
a.
The Host Farmer shall take all reasonable steps to ensure that the body condition
score of the Stock remains the same or better than as at the Commencement
Date, allowing for normal seasonal variation in body condition score.
12.
DISPUTE RESOLUTION
12.1
Meeting
a.
The parties shall first seek to resolve any dispute concerning this Agreement by
promptly meeting together with the intention of reaching an acceptable solution to
the dispute.
b.
If an acceptable solution to the dispute is not agreed to by the parties within 10
working days of the dispute having been first notified to a party by the other then
either party may at any time invoke the mediation process pursuant to the
following clause.
JQC-470772-172-6-v1
12.2
12.3
c.
Either party may by written notice (called a mediation notice) to the other party
require that the dispute between the parties be referred to mediation. A mediation
notice shall set out the nature of the dispute but need not provide any further
detail in relation to the dispute.
d.
The service of a mediation notice shall not prevent the dispute from being
resolved by negotiation and consultation between the parties.
e.
The parties shall endeavour to agree upon and appoint a single person as
mediator no later than seven days from the date upon which the mediation notice
was served.
f.
If the parties fail to agree upon a mediator within 5 working days of service of the
mediation notice, then a mediator will be appointed by the Arbitrators and
Mediators Institute of New Zealand Incorporated (“the Institute”).
g.
When a mediator is appointed he or she shall in consultation with the parties settle
the timetable and the procedures to be adopted during the mediation. The
decision of the mediator on any timetabling and procedural matters shall be
binding on the parties and in particular the mediator shall be entitled to call any
meeting between the parties at such time and place as the mediator considers
appropriate after having discussed the same with the parties.
h.
The parties shall attend all meetings called by the mediator and at such meetings
shall take part in the negotiations in good faith and use their best endeavours to
reach an agreed solution. If any dispute is not resolved by written agreement
within 20 working days of the date of service of the mediation notice, the dispute
shall then be resolved by the procedure set out in the following clause.
Arbitration
a.
Any dispute to be resolved under this clause shall be referred to arbitration by
notice by either party. The arbitration shall be settled by an arbitrator sole if one
can be agreed upon by the parties.
b.
If the parties fail to agree upon an arbitrator sole within 15 working days of service
of any arbitration notice referred to in clause 13.2(a), then the Institute will appoint
an arbitrator sole.
c.
The arbitration shall be conducted pursuant to the Arbitration Act 1996 and any
amendments or successor legislation. The award of any arbitrator shall be final
and binding on the parties.
d.
While any dispute remains unsolved the parties agree to continue the
performance of this Agreement to the extent that such performance is possible
given the nature of the dispute.
General Terms of Dispute Resolution
a.
Any information or material or settlement proposals (‘dispute information’)
included or made during a meeting, mediation or arbitration are made on a without
prejudice basis.
JQC-470772-172-6-v1
13.
b.
Dispute information and the existence of the dispute shall be kept strictly
confidential subject to disclosure on a confidential basis to advisors and as
required by law.
c.
Both parties shall participate in the meeting, mediation and arbitration process on
a best endeavours and good faith basis.
SPECIAL CLAUSES (if any)
(Any special clauses should be attached, numbered consecutively and initialled by the
parties.)
SIGNED by the Stock Owner:
Signature
Print Full Name
Date
SIGNED by the Host Farmer:
Signature
Print Full Name
Date
JQC-470772-172-6-v1
STOCK SCHEDULE
(Describe stock by identification tag, age of animal, type and breed and/or attach Livestock
Improvement cow listing and/or other means of identification)
NOTE: For "type" show as described in clause 1.20, and for weight and/or condition score weigh
a sample of cows, i.e. every 10th cow)
Initial Stock List
Relocation Date:
NAIT
Age
visual
IDs
Dd/mm/yyyy
Type
Breed
Weight
and/or
BCS at
relocation
Status when
relocated
(lactating or
dry)
Calving
date
Calf NAIT
visual ID
Sex/fate of
calf
Calving
date
Calf NAIT
visual ID
Sex/fate of
calf
Attach herd records to the contract, if available
Stock Return List
Return Date:
NAIT
Age
visual
IDs
JQC-470772-172-6-v1
Dd/mm/yyyy
Type
Breed
Weight
and/or
BCS at
return
date
Status when
returned
(lactating or
dry)