Land Management Agreement
In return for sponsorship the Landowner agrees
- To, immediately upon listing with NZgreen, if it has not been done before, set aside the restoration area, or areas if there are more than one, that is described in the Landowners location details.
- To provide NZgreen with all the restoration area details including supporting assessment information such as maps and audit documents as appropriate to the circumstances.
- To take all practicable steps to ensure that the restoration area is positively managed as far as practicable so that a quality indigenous eco-system can re establish through the process of natural succession. Quality in the context of this agreement is a function of not only the botanical and biological nature of the area but also the quality defined by the total CO2e stored and the CO2e sequestration rate. In particular and at least this will be achieved by :
- Excluding livestock by either not introducing stock to it, or de-stocking it, or erecting and maintaining fencing around its perimeter.
- Precluding and removing animal pests and/or weeds that may inhibit the effective natural regeneration or growth or long-term integrity.
- Protecting the restoration area from damage by fire, subsidence, inundation, or any other hazards.
- Not removing any native vegetation that would lead to the restoration area being less than that committd.
- To preserve in perpetuity, at least, the size and quality of restoration area that has been sponsored.
- To never accept sponsorship for more size and quality of restoration area than is available or accept any sponsorship outside the NZgreen system while the landowner is an active member.
- To immediately advise NZgreen when a sponsorship transaction occurs.
- To, in the event of some unforeseen circumstance arising that reduces the size and quality of the restoration area to below that committed, to immediately take all practicable steps to mitigate the loss including advising the Site administrator at NZgreen who is authorised to alter the restoration area details as appropriate to the circumstances. If the loss is such that the restoration area size and quantity has become less than that sponsored NZgreen may be able to cover the loss by using the NZgreen reserve until the restoration area recovers.
- To allow Sponsors reasonable access to the Land for purposes associated with this Agreement.
- That any rights or value associated with the CO2e that any part of a restoration area has sequestered or stored will become the property of the sponsor that has sponsored it.
- That the Landowners obligations under this Agreement do not cease if change of ownership of the restoration area should occur for any reason. In particular the Landowner accept that it is the Landowners responsibility to assign this Agreement to any new owner.
- To agree to the registration of a covenant or other suitable instrument on the title of the land incorporating the restoration area for the purposes of ensuring that the responsibilities of the landowner to the sponsors are passed on to any new landowner.
- That no party will be held liable for loss or damage caused by any events or circumstances outside their reasonable control including loss by war, climate change or other environmental change. Other than this general exception if the Landowners fail to, or are not able to continue to, manage the restoration area in accordance with this agreement, the Landowner shall recompense the sponsors for any failure to perform at the current value of all of the CO2e stored or sequestered as a result of the sponsorship.
- That this matter is essentially a business arrangement between the sponsor and landowner and that NZgreen is not liable for any loss caused by any failure of the Landowner to meet the terms of any particular sponsorship arrangement.
- Any dispute arising shall be resolved by negotiation between the parties. Failing that, the issue shall be referred to mediation under the terms of the Lawyers Engaged in Alternative Dispute Resolution (LEADR) standard agreement. Failing that, the issue shall be settled by arbitration under the provisions of the Arbitration Act 1996.
In addition all parties agree: