If you’ve ever thought about agisting animals (or having your own animals agisted on someone else’s land), you’ll know it can start out feeling pretty informal. A phone call, a handshake, maybe a text message confirming the weekly rate - and then the animals arrive.
But agistment arrangements can go wrong quickly when expectations aren’t clearly set from day one. Animals get sick or injured, fences fail, feed runs short, property gets damaged, payments fall behind, or someone wants to end the arrangement earlier than expected.
That’s exactly why an agistment agreement matters. This guide is updated to reflect current expectations and good practice in New Zealand - and to help you set up the legal foundations that protect you before any issues pop up.
What Is An Agistment Agreement (And When Do You Need One)?
An agistment agreement is a written contract between:
- the landowner / agistor (the person providing land and, depending on the arrangement, services like feeding, checking, and basic care), and
- the animal owner (the person who owns the livestock or horses being grazed or kept on the property).
The agreement sets out the rules for how the animals will be kept, who is responsible for what, what it costs, and what happens if something goes wrong.
You should seriously consider an agistment agreement whenever:
- you’re taking in animals you don’t own (even if it’s “just for a few weeks”),
- your animals are going onto someone else’s land,
- you’re charging (or paying) any ongoing fee,
- the arrangement includes services beyond “use of the paddock” (like feeding, rugging, worming, moving paddocks, or checking animals), or
- either party is running the arrangement as part of a business (or even a side-hustle).
Even if the agistment is between friends or family, a clear written agreement can actually reduce awkwardness - because you’re not relying on memory, assumptions, or “what we usually do”.
Why Agistment Arrangements Go Wrong Without A Contract
Most agistment disputes aren’t about “bad people” - they’re about unclear expectations. When the arrangement isn’t written down, each party tends to fill in the gaps with their own assumptions.
Here are the most common flashpoints we see in agistment-style arrangements.
1. Who Is Responsible For Day-To-Day Care?
One of the biggest misunderstandings is whether agistment includes active animal care or is simply land use.
For example, you might assume the weekly fee covers basic checks and making sure there’s water. The other side might assume they’re only providing grazing, and you’re expected to check on your animals regularly.
A well-drafted agistment agreement can clearly define services like:
- feeding and supplements
- access to water and maintaining troughs
- moving animals between paddocks
- health checks and reporting issues
- rug changes, hoof care, grooming or handling (common in horse agistment)
2. Damage To Property, Fences, And Infrastructure
Animals can cause damage (sometimes unintentionally, sometimes because they’re stressed or not suited to the environment). At the same time, poor fencing or hazards on the land can lead to injury, escapes, or damage to neighbouring properties.
Without an agreement, it can be hard to work out:
- who pays for repairs if an animal breaks fencing
- who maintains gates, water systems, shelters, yards or arenas
- who is responsible if animals escape and cause damage off-property
3. Illness, Injury, Or Death Of An Animal
This is the big one - and it’s also where things can become emotional fast.
When an animal becomes sick or injured, you’ll want clear answers to questions like:
- Who decides whether a vet is called?
- Who is authorised to consent to treatment?
- What is the spending limit before the owner must be contacted?
- What happens in an emergency when the owner can’t be reached?
- Who pays the vet bill, transport, medication, and follow-up care?
Sorting this out after the fact is where disputes often start - especially if there’s a large bill or the outcome is poor.
4. Payment Disputes And “Hidden” Costs
Agistment isn’t always a simple weekly fee. Costs can include supplementary feed, hay, bedding, worming, transport, or even facility use.
If the agreement doesn’t spell out what’s included, you can end up in a “surprise invoice” scenario on one side - and a “but we never agreed to that” scenario on the other.
5. Ending The Arrangement (And Removing Animals)
Even when everything is going well, circumstances change. Drought hits. A property sells. Someone needs the paddocks back. Or the animal owner stops paying.
Without clear exit terms, you can get stuck in messy questions like:
- How much notice is required to end agistment?
- What happens if the owner doesn’t collect their animals on time?
- Can the agistor move the animals elsewhere?
- Can the agistor refuse to release animals until invoices are paid?
These issues are far easier to manage when your contract already sets the rules and timelines.
What Should Be Included In An Agistment Agreement?
A strong agistment agreement isn’t just about “legal wording”. It’s about clearly allocating responsibility, reducing uncertainty, and setting out what happens in the scenarios people don’t like thinking about - but that do happen.
While every arrangement is different, most agistment agreements should cover the following.
Parties, Property, And Animals
- Correct legal names of the parties (individuals, companies, trusts)
- Property address and any specific areas included/excluded (paddocks, yards, arenas, stables, wash bays)
- Animal details (species, number of animals, identifying details, special needs)
- Commencement date and whether the term is fixed or ongoing
Services Included (And Not Included)
This is where you get very practical. The agreement should clearly state what the agistor will do, and what they won’t do.
For example:
- checking animals daily vs “owner to check”
- feeding included vs feed supplied by owner
- administration of medications (if any)
- use of facilities (and rules for use)
Fees, Invoicing, And Late Payments
- agistment rate (weekly/monthly) and what it includes
- when invoices are issued and when payment is due
- interest and recovery costs if payments are late
- what happens if arrears build up (including termination rights)
If you’re running agistment as a business, having consistent payment terms can also support cashflow and reduce the admin burden - you shouldn’t need to chase every invoice personally.
Animal Health, Emergencies, And Vet Authority
This section often makes or breaks an agistment agreement, particularly for horse agistment or high-value livestock.
- owner warranties (e.g. animal is healthy, vaccinated, wormed, not aggressive)
- agistor’s obligations (e.g. notify owner of injury, basic monitoring)
- emergency processes and contact details
- authority to call a vet and approve treatment
- who pays and when
Biosecurity, Feed Rules, And Movement Controls
It’s common (and sensible) to include rules about:
- quarantine periods for new animals
- vaccination and parasite control requirements
- bringing in outside feed (and how it must be stored)
- movement between properties (and permission requirements)
These rules protect everyone on the property - including other animal owners who may also be agisting.
Health And Safety Expectations
Agistment often involves physical work, visitors, contractors (e.g. farriers, vets), and hazards like gates, yards, vehicles, electric fencing, and animals that can kick or bite.
Even if the arrangement isn’t a big commercial operation, it’s smart to address health and safety responsibilities in the agreement and align expectations with the Health and Safety at Work Act 2015 (HSWA). This is especially important where the property owner is running a business or undertaking and people are coming onto the site in connection with that activity.
Insurance
Many disputes become “insurance disputes” once something goes wrong.
Your agreement can cover:
- whether the animal owner must maintain insurance (for mortality, vet bills, third-party liability)
- whether the agistor maintains public liability insurance
- how claims will be handled and what information must be provided
Liability, Risk Allocation, And Indemnities
Agistment comes with risk - but the key is deciding upfront who carries which risk.
For example, your agreement may include:
- limitations on the agistor’s liability (where legally permitted)
- indemnities from the owner for loss caused by the animal
- clear exclusions for events outside a party’s control (e.g. weather, natural events)
This is also the section where a lawyer’s drafting really matters - because poorly written “template” clauses can be unenforceable, inconsistent, or create unintended liability.
If you’re also using broader customer-facing terms for services you provide (for example, handling, transport, or add-on services), it may be worth having consistent Terms of Trade so your payment and risk settings stay aligned across your business.
Termination, Notice, And Removal Of Animals
Your agreement should set out:
- how either party can end the agreement (and how much notice is required)
- immediate termination triggers (e.g. non-payment, unsafe animals, breach of rules)
- process and timeframe for removing animals
- what happens if animals aren’t collected on time
This is also where you can address practical issues like access for loading, coordinating collection times, and making sure removal doesn’t disrupt other operations.
What Laws And Legal Risks Should You Keep In Mind In New Zealand?
An agistment agreement is a contract, but it doesn’t sit in a legal vacuum. Depending on how you operate, a few different areas of law can become relevant.
Contract Law Basics (Offer, Acceptance, And Enforceability)
In New Zealand, contracts don’t have to be in writing to exist - verbal agreements can still be enforceable. The problem is proving what was agreed.
Having a written agreement helps you avoid “he said, she said” disputes, and it makes it easier to enforce clear rights (like payment dates, termination notice, and responsibility for vet bills).
If you’re dealing with any other supporting documents (like property access forms, animal owner rules, or facility policies), you’ll also want to ensure they’re consistent with the main contract and properly incorporated. Where needed, a tailored Service Agreement structure can be a helpful model for how obligations are set out clearly.
Fair Trading Act 1986 (If You’re Advertising Agistment Services)
If you’re offering agistment to the public as a business, the Fair Trading Act 1986 can apply to how you advertise and describe your services.
That means you should be careful that your marketing (website, social media, listings, messages) doesn’t mislead people about things like:
- the level of care included
- the standard of facilities
- pricing and additional charges
- security, supervision, or “daily checks” claims
Your written agreement should match what you’re actually offering. If you say “full care” publicly but your contract says “land only”, that mismatch can create real risk.
Even small agistment operators often collect personal information - names, addresses, phone numbers, emergency contacts, payment details, and sometimes sensitive information (like medical details if a person is injured on-site).
If you’re collecting and storing personal information in a business context, having a clear Privacy Policy helps you explain what you collect, why you collect it, how you store it, and who you share it with (for example, emergency vets or contractors).
This isn’t just “paperwork”. It’s part of running a professional operation and setting expectations.
Health And Safety At Work Act 2015 (When People Are On Your Property)
Agistment often involves people coming onto the property: owners, family members, farriers, vets, contractors, and sometimes staff.
If your agistment operation is a business, you may have HSWA duties to take reasonably practicable steps to keep people safe. Your agreement can support that by setting rules (like access hours, supervision requirements, and restrictions on children or visitors) - but it doesn’t replace the need to manage hazards properly.
If you’re engaging contractors for related work, it’s worth making sure the relationship is documented properly, often through a Contractor arrangement that aligns responsibilities and safety expectations.
If agistment is more than a casual arrangement - for example, you run a stable, a grazing operation, or a lifestyle block that generates regular income - you’ll usually need more than just an agistment agreement.
Here are common documents and policies that can support the arrangement and reduce risk as you grow.
Website Terms And Online Enquiries
If you’re taking enquiries or bookings online (even through a simple website form), it’s smart to have clear Website Terms and Conditions to set expectations about site use and limit misunderstandings.
Health And Safety Policies Or Site Rules
Even a simple set of written site rules can help. For example:
- sign-in requirements
- speed limits and parking rules
- rules about dogs on-site
- restrictions around machinery and yards
- PPE requirements for certain work
When these rules are referenced in the agistment agreement (and provided to owners), it becomes much easier to enforce them.
Employment Documents (If You Hire Staff)
If your operation grows and you hire someone to feed, check animals, clean facilities, or maintain the property, you’ll want a proper Employment Contract in place from day one.
This helps clarify:
- hours and duties (including early mornings/weekends)
- pay and overtime expectations
- health and safety requirements
- confidentiality (especially where client lists and pricing are involved)
When You’re Sharing Property Or Facilities With Others
Some agistment setups involve shared use of facilities, or a mix of agistment and other activities (like riding lessons, events, or short-term use of arenas).
In those cases, you might need additional agreements to cover each relationship properly, rather than trying to force everything into a single document.
The right structure depends on how you operate - and it’s one of those areas where tailored legal advice can save you a lot of time (and stress) later.
Key Takeaways
- An agistment agreement is a practical way to protect both the landowner and the animal owner by clearly setting expectations around care, payment, and risk from day one.
- Without a written agreement, common problems like vet emergencies, property damage, non-payment, and early termination can become expensive disputes.
- A good agistment agreement should cover the parties, the animals, the property and facilities, services included, fees, emergency processes, insurance, liability allocation, and termination/removal terms.
- If you’re providing agistment as a business, you should also keep an eye on wider legal obligations like the Fair Trading Act 1986 (advertising), Privacy Act 2020 (personal information), and HSWA duties where people are on-site.
- Generic templates can miss key issues (or create unenforceable clauses), so it’s worth having an agreement drafted or reviewed so it actually matches how your agistment arrangement works in real life.
If you’d like help putting an agistment agreement in place (or reviewing one before you sign), we can help. Reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
