Navigating Land Use, the OIO, the ETS and Enforcement in Forestry Law

Receive an all-inclusive breakdown of the complexities included in forestry law. Delve into sale and purchase agreements for existing forests, dissect the regulations of the Overseas Investment Office and enhance your understanding of the emissions trading scheme. Learn about compliance challenges in the evolving climate, including shifting forestry enforcement trends and the interplay between health and safety and environmental concerns. 

Thursday, 26 October 2023
2.00pm to 2.45pm Sale and Purchase Agreements Involving Existing Forests

 

  • Transaction structuring
  • Things to look out for during due diligence

Presented by Julika Wahlmann-Smith, Partner, and Ben Hickson, Senior Associate, Hesketh Henry

Chair:

Martin Thomson, Partner, DLA Piper

4.30pm to 5.15pm Compliance and Enforcement in a Changing Climate

 

  • Trends in Council enforcement on forestry (particularly around severe weather events)
  • Trends in Court sentencing and other decisions both in forestry and other relevant industry
  • The tension between HSE and environmental enforcement
  • Potential changes – particularly around insurance – with the changing legal landscape

Presented by Tim Conder, Partner, Holland Beckett Law

2.45pm to 3.30pm Overseas Investment Act Implications for Forestry Transactions

 

  • Determining the appropriate pathway for consent
    • Special forestry pathway
    • Modified Benefits test for forestry
    • Standing consents
  • Key elements of Special Forestry test and Modified Benefits test for forestry
  • Key due diligence considerations
  • OIA provisions in sale agreements
  • Conditions of consent and other matters

Presented by Pavanie Edirisuriya, Partner, and Joy Campbell, Special Counsel, DLA Piper

3.45pm to 4.30pm Emissions Trading Scheme Overview

 

  • A basic explanation of the CCRA and ETS
  • Recent updates to the ETS
  • Granting security over carbon credits – documentation terms and perfection process
  • Carbon farming and how it can be legally structured

Presented by Dan Williams, Partner, Anderson Lloyd

Description

Attend and earn 3 CPD Units

3.30pm to 3.45pm Afternoon Tea
Learning Objectives:

 

  • Assess transaction considerations involved in sale and purchase agreements for existing forests
  • Explore the overseas investment act and implications on existing forests
  • Stay up to date with recent changes to the emissions trading scheme changes
  • Investigate council and court enforcement in the forestry space

Presenters


Mr. Ben Hickson, Senior Associate, Hesketh Henry
Ben is a senior associate in the Business Advice Team. Originally trained in Hesketh Henry’s commercial property team, Ben re-joined the firm’s commercial group after 7 years working as a corporate lawyer at international law firms in South East Asia. Ben advises on a range of corporate and commercial transactions including M&A transactions, foreign investment, joint venture arrangements, corporate governance matters, commercial licencing and other business regulatory issues. Ben regularly assists local and foreign investors with respect to forestry investments. He has been recognised as a recommended lawyer in the Legal 500.


Ms. Pavanie Edirisuriya, Partner, DLA Piper
Pavanie (Pav) is a Corporate Partner at DLA Piper New Zealand with a strong focus on international investors. Pav has extensive experience in the primary, renewable and food sectors and specialises in regulatory frameworks applicable to these sectors. Pav is one of New Zealand's leading experts on the Overseas Investment Act, having advised on many successful applications in the last ten years. Pav is also a member of the Overseas Investment Office's 'Legal Reference Group', with whom the OIO regularly consults on technical, policy and procedural matters. Pav was named a finalist for Young Private Practice Lawyer of the Year at the 2015 New Zealand Law Awards and is a recommended individual by Legal 500 Asia-Pacific 2021.


Mr. Martin Thomson, Partner, DLA Piper
Martin Thomson is a leading lawyer in cross-border M&A and investment transactions. Martin has over 30 years' experience as a corporate lawyer. His clients are based both in New Zealand and offshore. He regularly advises offshore clients on the issues involved acquiring assets or making investments in New Zealand and has extensive experience assisting overseas clients to obtain consent under the Overseas Investment Act in New Zealand. Martin’s clients are involved in a diverse range of industries including particularly the forestry, agriculture, wine, food and dairy processing, technology and venture capital sectors. He has worked on some of the largest M&A transactions in the forestry sector in New Zealand, including the acquisition of the Kaingaroa Forest Estate in 2003. Martin also has extensive experience advising on a number of the day-to-day legal matters arising in relation to forestry assets including forestry rights, Crown forestry licences, wood supply contracts, stumpage supply contracts, access arrangements, joint ventures, the New Zealand Emissions Trading Scheme, forest management arrangements and Treaty of Waitangi settlements. Martin is ranked by Chambers and Partners Asia-Pacific, and the Legal 500 Asia-Pacific as a Leading Individual in Corporate and M&A in 2022.


Ms. Julika Wahlmann-Smith, Partner, Hesketh Henry
Julika is a partner in our Business Advice team. Julika has advised on a wide range of corporate and commercial law issues, including reviewing and advising on commercial contracts, terms of trade and distribution agreements, mergers and acquisitions, foreign investment, advertising campaigns, consumer law, and intellectual property rights. Julika regularly contributes to publications of the Global Advertising Lawyers Alliance where the firm is the New Zealand member. Julika is fluent in German.


Ms. Joy Campbell, Special Counsel, DLA Piper
Joy is a Special Counsel in the Real Estate Team at DLA Piper New Zealand. Joy has extensive experience in rural and forestry property transactions. Joy has advised on several significant transactions in the forestry sector in the past five years. Joy has advised both private and public sector clients on a wide range of property matters including acquisitions and disposals; rural and forestry property transactions; subdivisions; property development projects; leasing and licensing; vendor and purchaser due diligence; and advising on legislation controlling the acquisition, disposal, and use of land by public entities.


Mr. Dan Williams, Partner, Anderson Lloyd
Dan Williams is a partner at Anderson Lloyd and is a forestry law specialist. Dan advises some of the largest commercial plantations owners in New Zealand, iwi forestry groups, conservation trusts and large corporates on forestry and ETS related issues.


Mr. Tim Conder, Partner, Holland Beckett Law
Tim is a Partner at Holland Beckett Law specialising in Public, Local Government and Regulatory Litigation. Tim is an experienced trial lawyer, with wide ranging courtroom experience. He has led trials and appeals in the Court of Appeal, the District Court, the High Court, the Māori Land Court and the Māori Appellate Court. This includes appearing for both private parties, and as both prosecutor and defence counsel in criminal and regulatory matters. He has experience acting for insurers, local council, conducting jury trials and being appointed by the court as amicus curiae. Tim’s litigation practice is focused on public, local government and regulatory matters. This work includes providing advice on ongoing compliance and conducting regulatory prosecution work on behalf of councils and insurers as well as a range of property and construction cases. Tim is based in the firms Tauranga office but also spends time in the Whakatāne office. Tim started his career as a Judge’s Clerk at the Auckland High Court. In 2018 he also graduated with a Master in Laws (First Class Honours). His academic articles have been published in national legal journals including the New Zealand Law Review and Te Wharenga - the New Zealand Criminal Law Review, and have been cited by both the High Court and the Court of Appeal. Tim was recognised in 2023 by New Zealand Lawyer as one of the profession’s rising stars.

WEB2310NZA03Z

Navigating Land Use, the OIO, the ETS and Enforcement in Forestry Law

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Single Session
Thursday, 26 October 2023
2.00pm to 5.15pm Pacific/Auckland
CPD Hours 3
3
$345.00
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