High court appeal looms over water
An appeal to the High Court is looking likely as Mid Canterbury irrigators BCI digest the implications of the Environment Canterbury Plan Change 2 announcement two weeks ago.
"After the High Court quashed the conviction and sentence handed down in the District Court to a farm owner, it is safe to say there has been some speculation," says Ciarán Tully, Federated Farmers Sharemilkers' Section chairperson.
"The case involving a dispute between a sharemilker and a farm owner is thought to be the first time a sharemilking dispute has ended up in a prison cell. It is important to say the High Court's quashing of this conviction does not set a precedent.
"Our lawyers, having reviewed the High Court judgment, confirm our absolute faith in Federated Farmers contracts and agreements. In both cases, Federated Farmers' Herd Owning Sharemilking Agreement has stood up to Court scrutiny.
"The problems come when an agreement is not used or where parties stray from it. I need to stress Federated Farmers' Herd Owning Sharemilking Agreement exists for a reason; it is tested and it works.
"The thing we ask is for farmers to take careful note of the 'set-off' clause. This clause can only be used after conciliation has been attempted but the issue remains unresolved.
"The agreement states in black and white that a farm owner, from any payment due, is only able to retain or deduct up to 75% of what is due to the sharemilker.
"The agreement further states that any disputed money must only be lodged in a solicitors' trust account. Federated Farmers is crystal clear on this and it must be strictly adhered to. There are no, 'ifs, buts of maybes'.
"The farm owner here is in a position of power but needs to understand if money is withheld from a sharemilker, it can be detrimental to the farm's day-to-day running.
"Withholding money may lead to personal hardship and one of the many scenarios we don't want to go near includes animal welfare," says Tully.
Scottie McLeod, the chairperson of Federated Farmers Sharemilker Employers' Section, agreed wholeheartedly.
"Everyone needs to get around the table to sort this stuff out – going beyond this will cost huge amounts of money and only points to poor relationship maintenance.
"It is a lose-lose if a sharemilker is unable to progress their career through the dairy industry, or a farm owner ends up having to milk their own cows because no one wants to work for them.
"I urge those people who find themselves unable to settle a dispute around the kitchen table to contact the Arbitrators' and Mediators' Institute of New Zealand (AMINZ). Federated Farmers works with AMINZ who will be able to help them out," says McLeod.
Federated Farmers' Herd Owning Sharemilking Agreement is available from www.fedfarm.org.nz or via 0800 327 646 (0800 FARMING). For two agreements, it costs $57.50 for members of Federated Farmers or $172.50 for non-members.
