Cross Lease to Freehold – Whakatāne Information Evening

We are delighted to announce the promotion of four lawyers to Associate in our Tauranga team. These promotions reflect the expertise, dedication and performance of these lawyers, and we look forward to seeing their continued impact and leadership in the years ahead. Angus Hendry – Property and Commercial Angus has a wide range of experience in property and commercial transactions, as well as trusts, charities, incorporated societies and estate planning. Angus is a trustee of the Bay of Plenty Youth Development Trust and drum corporal in the City of Tauranga Pipe Band. Angus joined Holland Beckett in 2022, after starting his legal career in Palmerston North. Emily Merrill – Property and Commercial Emily has experience in a wide range of property and commercial matters including subdivisions, townhouse developments, sale and purchase of residential, commercial and rural properties, refinancing arrangements and commercial leasing. Emily also has specialist expertise in buying and selling of kiwifruit orchards and forestry assets as well as renewable energy, advising both landowners and developers on large scale solar projects throughout New Zealand. Emily began her legal career at Holland Beckett as a summer clerk in 2016, before joining the firm proper in 2018 upon completion of her studies. Rebecca Irvine – Property and Commercial Rebecca is a highly regarded property and commercial lawyer. She advises on a broad range of matters, including developments and subdivisions, sale and purchase of residential and commercial property, sale and purchase of businesses, commercial contracts and leasing. Rebecca is particularly experienced in local government transactions and assists local and regional authorities with leasing, Public Works Act matters, commercial contracts, delegations, privacy and general property and commercial advice. Rebecca has a strong affinity for community-focused work, regularly advising charitable trusts and incorporated societies. She also contributes her time as a committee member of Bay of Plenty Symphonia Incorporated. Rebecca began her legal career in litigation at a top-tier Wellington firm, equipping her with a sharp analytical edge. She joined Holland Beckett in 2018, later gaining valuable in-house experience at Tauranga City Council before returning to Holland Beckett in January this year. Waiata Groot - Family Waiata is in Holland Beckett’s family law team, the largest family law team in the Bay of Plenty. She specialises across a broad range of family law matters including: separation and division of relationship property (including complex Family Trust and Company structures); asset protection and Contracting Out Agreements; parenting and guardianship disputes; family violence (including urgent and non-urgent applications for protection orders): Family Court proceedings; estate claims under the Family Protection Act; applications for personal welfare and/or property orders relating to loss of capacity; and dissolution of marriage. Waiata is committed to supporting clients through the legal process (often involving high-stress or sensitive family dynamics) to find the best solutions for clients, children and their wider families. Waiata began her legal career at Simpson Grierson in Auckland in 2016. She then moved to Tauranga where she joined Cooney Lees Morgan for 3 years, before joining Holland Beckett in early 2024. We are proud to be a firm that is committed to nurturing talent and providing opportunties for professional growth, ensuring that our team enjoy fullfilling legal careers from our beautiful Bay of Plenty offices.

We are delighted to announce the promotion of five lawyers to Senior Associate in our Tauranga team. Partner John Mackay shares, ‘These promotions are testament to the quality of our lawyers and the continued growth of the firm. Holland Beckett now has over 70 lawyers across our Bay of Plenty offices and providing them with career progression and development is a key priority for us. These promotions over several key practice areas strengthen the leadership, capability and depth of our teams.’ Bridget Bailey – Resource Management Bridget advises on all aspects of resource management and local government law, with a particular focus on consenting infrastructure and renewable electricity projects under the RMA and fast-track processes. Bridget provides pragmatic and strategic advice to public and private clients and has appeared in the Environment Court, High Court and local authority proceedings, as well as being appointed as Chair of an expert consenting panel under the Covid-19 fast track legislation. Bridget is a member of the Auckland District Law Society Environmental and Resource Management Law Committee and the RMLA. She is also a committee member Mount Maunganui Playcentre. Bridget first joined the firm 2012. In 2020 she spent 3 years as in-house legal counsel for Bay of Plenty Regional Council. She rejoined Holland Beckett in June 2023. Hester Sutherland-Stacey – Property and Commercial Hester provides expert advice for developers, companies and individuals, with a focus on commercial property development. She advises on a range of property and commercial matters such as acquisitions and disposals of land and businesses; leasing; ownership structures; financing arrangements; and a range of commercial matters including terms of trade, construction contracts and service contracts. She also advises on all residential property matters from family homes to large scale subdivisions. Hester began her legal career working in employment law, civil and regulatory litigation. She joined Holland Beckett as a Solicitor in 2014 in the employment and civil litigation team, before transitioning into property and commercial law. Practicing in these areas provided a strong foundation in legal processes and the practical realities for people and business entities. Hester is a board member of ADAPT (Assisting Different Abilities Peoples Trust). Sophie Law – Employment and Family Sophie advises on a broad range of employment law matters, both contentious and non-contentious. Sophie has particular experience advising on personal grievance claims, disciplinary and performance processes, restructures, negotiated exits, employee investigations, and Holidays Act compliance issues. This includes assisting clients with representation in dispute resolution processes such as mediation and the Employment Relations Authority. Sophie also assists employer clients to implement proper and thorough processes and is focussed on upskilling clients through delivering bespoke training workshops. To complement her expertise in employment law, Sophie also works alongside our family law team advising on relationship property matters. Sophie began her legal career in London, including time at Magic Circle firm Slaughter and May. She joined Holland Beckett as a Solicitor in 2018. Sophie is a Trustee of He Kaupapa Kotahitanga Charitable Trust (HKKT). Jessica Fitzgerald – Corporate Jess has significant experience in a range of complex corporate matters including M&A, private equity, commercial contracts, corporate governance, and general corporate advice/structuring. She provides pragmatic results focused advice for corporate clients as well as small to medium sized businesses. She is a key team member for the firm\'s corporate clients, including Port of Tauranga, Robotics Plus and Oriens Capital. Jess first joined Holland Beckett in 2013, before moving to Vancouver, Canada, in 2016 where she worked in-house at a technology start-up primarily advising on the re-capitalisation of the company and technology contracts. Jess rejoined Holland Beckett in late 2018. Rachel Withington – Property and Commercial Rachel is an experienced property and commercial lawyer, working with private clients and their related entries across all facets of property and commercial law. A multi-disciplinary lawyer, Rachel has expertise is residential conveyancing, along with commercial, rural and horticultural conveyancing and leasing. She advises on asset protection including trust establishment, trust management and trust wind ups, and estate and succession planning. She also advises in elder law, including occupation right agreements, residential care subsidies and loans, reverse mortgages and enduring powers of attorney. Rachel advises commercial clients on sale and purchase of businesses, share sale and purchases, shareholders agreements and has specialist experience acting for Foodstuffs Members on the purchase and sale of New World, Four Square and PAK\'nSAVE stores throughout the country. Rachel began her legal career at Cooney Lees Morgan in 2014 where she worked for over 9 years, before joining Holland Beckett in early 2024. These promotions further strengthen the capabilities of Holland Beckett’s full-service team, which is set to move into new offices in October due to the growth of the firm. 

It is common for parents to help children financially - whether it is a deposit for a first home, help with debt, or business support. However, when that money changes hands, it is important to be clear: was it a gift or a loan? This simple distinction can have significant legal and financial consequences, especially when it comes to estate planning. What is a Gift? A gift is a transfer of money or property made with no expectation of repayment. In legal terms, once given, the money no longer belongs to the giver. Key features of a gift: It is unconditional. There is no written or implied agreement for repayment. The recipient is free to use it however they like. It can affect future Family Protection or Relationship Property claims. It can affect the ability to qualify for residential care subsidy or other Government support. Family Relationships Care needs to be taken where you are gifting money to your child and their partner, such as to help them into a property. Should that relationship break down, the partner would not necessarily be required to pay back any portion of the gift, therefore walking away with half of the gifted money. Dealing with banks If you are taking out a mortgage or loan with a bank, gifting certificates are often required where a family member is advancing a portion of the purchase price. This is so the bank isn’t in competition with anyone to get their money back should the bank loan end up in default. There are ways to record this on terms acceptable to the bank, while also protecting the advance. The document needs to be worded in such a way that doesn’t impede on the banks rights to be “first in line”. Estate implications If you have made significant gifts during your lifetime, this can reduce the assets available in your estate. If you give more to one child than another, it could cause disputes or be challenged under the Family Protection Act 1955 by children who believe they have not been adequately provided for. What is a Loan? A loan, by contrast, is money given with the expectation it will be paid back, either on demand or on agreed terms. Key features of a loan: It may be interest-free or interest-bearing. There is usually some record of it (e.g. a loan agreement or promissory note). It may be repayable on death or earlier. It can be secured (e.g. against property) or unsecured. Better protection A loan provides protection in the scenario where you are advancing money to your child and their partner. If this relationship later breaks down, you can “call up” the loan and have this paid back. You can then re-lend the money to your child once the separation is complete for another purchase, if you choose to. However, as noted above, when banks are involved they will usually not allow a loan with interest or a specified repayment date, as this can affect the banks priority if the loan is defaulted. Estate implications A properly documented loan becomes an asset of your estate. Your executors can call the loan in after your death. This is especially useful if you want the amount to be eventually divided fairly among all children but are happy for one child to have the benefit of it in the meantime. Beware of time limits under the Limitation Act 2010 If a loan is not properly documented, or if there is no clear date or mechanism for repayment (such as being repayable “on demand”), you run the risk that the loan becomes unenforceable over time. Under the Limitation Act, the right to enforce a debt usually expires six years after the cause of action arises. If the loan is repayable on demand, that six-year period may begin as soon as the money is transferred - unless otherwise specified. To protect your estate, it is important that any loan agreement includes clear repayment terms and triggers for demand, to ensure it remains recoverable. Why the Difference Matters Failing to document whether financial support was a gift or a loan can lead to: Disputes between siblings over whether the recipient should get more than others. Relationship Property claims, especially if a child separates and their partner claims half of what was received. Unintended tax or trust consequences, if the money was meant to be protected. Expired claims, if the estate cannot legally recover the loan due to limitation periods. How to Protect Your Intentions Document it clearly: Use a deed of gift or a formal loan agreement. This helps your family and your executors understand your intentions. Include repayment terms: Clearly outline when the loan is due, how it can be demanded, and what triggers repayment - this avoids limitation issues. Consider your Will: Your gifting or lending decisions can affect what is in your estate - make sure your Will aligns. Talk to a lawyer: A small amount of advice now can save thousands in legal fees (and family stress) later. Whether you are helping your children financially now or planning for what happens after you are gone, be clear about your intentions. A well-planned estate not only protects your assets but also your family relationships. If you are unsure whether past financial help was a gift or a loan - or you want to formalise it - talk to the Holland Beckett Succession and Estates team. This article was first published for First Mortgage Trust, July 2025 newsletter.