Farm Debt Mediation Scheme
The Farm Debt Mediation Scheme helps farmers and other primary producers struggling with debt.
Purpose of the scheme
The Farm Debt Mediation Scheme helps farmers and other primary producers struggling with debt. The scheme uses neutral and independent mediators to help farmers and their creditors work through debt issues.
The aim is to provide a negotiation process that is:
structured
confidential
impartial
This will help farmers and creditors to agree on how to proceed.
Under the Farm Debt Mediation Act 2019, secured creditors must offer mediation before taking any debt enforcement action against farmers and eligible primary production businesses. Farmers can ask for mediation at any time.
The mediation scheme aims to promote the long-term viability and resilience of farm businesses. This will also help the primary sector as a whole. Helping farmers manage financial stress promotes positive mental health and resilience in rural communities.
Benefits of Farm Debt Mediation
The Farm Debt Mediation Scheme creates a safe environment for farmers. It gives them a chance to talk constructively with creditors as they work through debt problems.
There can be a significant power imbalance when farmers deal with creditors. Mediation creates a more level playing field.
The scheme allows parties to explore options for turning things around. If it cannot save the farm business, it can allow farmers to make a dignified exit.
Lenders view it positively as it provides a transparent process for working through debt issues.
The Farm Debt Mediation Scheme ensures that qualified and competent mediators are delivering services. It promotes a consistent, quality-led approach to the mediation process for all parties.
For mediation organisations taking part, the scheme provides a new, standardised process.
Eligibility for the Scheme
The scheme is open to people involved in a primary production business. This includes any business that mainly produces unprocessed materials. This can be through agriculture, horticulture, aquaculture, or apiculture. It includes sharemilkers.
Types of loans covered
The scheme covers debts owed by a primary production business in connection with primary production activities.
This includes loans secured against:
- farmland
- farm machinery and livestock
- harvested crops and wool.
Exclusions
The scheme doesn't apply to:
- lifestyle farming
- forestry
- mining
- wild harvest fishing
- the hunting or trapping of animals.
The scheme excludes any business that primarily provides materials or labour as a service to the primary sector.
Implementation of the Scheme
The Ministry for Primary Industries (MPI) administers, promotes, and monitors the scheme.
It is responsible for:
evaluation and reporting
setting rules
approving mediation organisations (which oversee mediators)
making sure farmers are connected with mediation services
connecting farmers to other financial support where needed.
The Farm Debt Mediation Act 2019
The Farm Debt Mediation Act 2019 was enacted on 13 December 2019.
The Act came fully into force on 1 July 2020. MPI has systems and processes to:
approve mediation organisations which can authorise farm debt mediators
ensure there are enough mediators with the skills to provide farm debt mediation services.
The scheme was consulted on widely. People from the farming, lending, and mediation sectors contributed to the scheme's design. A range of people made submissions on the legislation as it went through Parliament.
Farm Debt Mediation Process
Find out more about how the Farm Debt Mediation process works, and how it can help you.
Farm Debt Mediation Hardship Fund
The Mediation Hardship Fund helps farmers who want to use the Farm Debt Mediation Scheme but can't afford mediation. Farmers in extreme hardship can apply to have the mediation paid for by MPI.
Find a Farm Debt Mediator
Search our list of approved Farm Debt Mediators.
Interested in becoming a Farm Debt Mediator?
In order to be recognised as a farm debt mediator, individuals need to be authorized by a recognized mediation organization. AMINZ is among the two organizations that have the authority to grant authorization to mediators who fulfill the qualifications and competencies established by MPI.
Find out more
Explore additional resources and information on the Scheme.
Cabinet paper (PDF, 1.2MB)
Cabinet paper Appendix 1 – Parties consulted [PDF, 606 KB]
Cabinet paper Appendix 2 – Detailed design of the Farm Debt Mediation Scheme [PDF, 951 KB]
Regulatory impact statement [PDF, 3.6 MB]
Cabinet Economic Development Committe e – Summary [PDF, 721 KB]
Cabinet Economic Development Committee – Minute [PDF, 714 KB]
Legislation design decisions (from June 2019) [PDF, 1.4 MB]
Cabinet approval Regulatory impact statement [PDF, 6.2 MB]
Key themes from targeted consultation and final policy approvals [PDF, 888 KB]