Hilary Anderson

Qualifications

LLB, BA, University of Canterbury 2010
Admitted to the Bar in New Zealand 2011

Contact

DDI: +64 7 571 3836
E: hilary.anderson@hobec.co.nz

Hilary has joined Holland Beckett’s Property and Commercial team as Special Counsel.

Hilary is a specialist property and commercial lawyer who has worked closely with Dean Thompson and his team ahead of his retirement in October 2024. Hilary advises private and commercial clients and developers on residential and commercial property transactions and finance, property development, subdivisions, leasing, franchising and contract matters. She also has a special interest in estate planning, trusts and asset protection.

Hilary was recognised in 2022 by New Zealand Lawyer as one of the profession’s rising stars. Alongside her notable legal expertise, she is also an adept leader and mentor, dedicated to the development and success of her team and junior staff.

In addition to practice, Hilary has supported a number of organisations in the wider Tauranga community. She is a former committee member and chair of LINKT (the young professionals branch of Tauranga Business Chamber) and provided regular seminars for real estate agents and the banking industry to share her knowledge about property-related matters and how the legal process works.

Hilary Anderson's Expertise

Trusts, Asset Protection & Estate Planning

Property Law

Commercial Law

Hilary Anderson's News & Resources

Signed and sealed? Not so fast – why legal advice on your Master Build Contract matters

When embarking on a residential building project in New Zealand, many homeowners choose to engage a Registered Master Builder. One of the key documents involved in such projects is the Master Build Contract — a standardised building contract provided by the Registered Master Builders Association, which provides access to the well-known Master Build 10-Year Guarantee. While this contract offers protections for both parties and a structured framework for the build process, obtaining independent legal advice before signing is crucial. Here\'s why: 1. Understanding the legal implications A Master Build Contract is a legally binding agreement. Legal jargon and standard clauses can sometimes obscure obligations or risks. A lawyer can clarify key clauses, such as: Payment terms and what happens in case of delays or cost overruns Liability clauses that may shift risk to the homeowner Termination provisions and how you can (or cannot) exit the contract This understanding helps you make informed decisions and avoids unpleasant surprises during the project. 2. Identifying potential risks Although the Master Build Contract aims to protect both the homeowner and the builder, it may not always cover every scenario relevant to your specific project. Legal advice can help identify risks such as: Ambiguous clauses that could be interpreted in multiple ways Inadequate provisions for project delays or cost overruns Unfavourable terms that could leave you financially exposed A lawyer may recommend amendments or additional clauses to better protect your interests. 3. Customising the contract for your project Every building project is unique, and a standard form contract may not cater to your specific needs. Legal professionals can help tailor the contract to: Reflect agreed variations to the build Include milestone-based payment terms Address site-specific issues (e.g. land covenants, access, or zoning conditions) Tie in with a contemporaneous land purchase Customisation ensures the contract aligns with the realities of your build. 4. Protecting your financial investment Building a home is often one of the largest financial investments a person will make. The Master Build Contract includes provisions around pricing, deposits, and progress payments — all of which can have major financial implications if misunderstood or mishandled. A lawyer can: Review payment terms to prevent overpayment or under-delivery Ensure retention money is handled correctly in accordance with the Construction Contracts Act 2002 Advise on guarantees and insurance coverage provided under the Master Build 10-Year Guarantee

When will I get my keys on settlement day?

Receiving the keys to your new home is a significant milestone. Clients often enquire about the exact timing on settlement day, especially if they are coordinating with moving companies or eagerly awaiting possession of their new home. Unfortunately, there is no “one size fits all” answer for when this will happen. Before you can take possession, the settlement process must be completed. This involves payment of the purchase price and transfer of the property\'s title. The timing of this process can be a bit unpredictable on the actual day of settlement. The key issue revolves around the exchange: the Vendor doesn\'t want to transfer the property without receiving payment, and the Purchaser doesn\'t want to pay without assurance of acquiring the property. Lawyers handle this by providing each other with \'undertakings\' – enforceable promises to carry out specific actions. These undertakings ensure everyone can proceed confidently with their respective tasks. There are 2 undertakings given on settlement, one from each lawyer. The Vendor’s lawyer undertakes to transfer the property\'s title to the Purchaser upon receiving the settlement payment from the Purchaser’s lawyer. The Purchaser’s lawyer can then pay the settlement payment to the Vendor’s lawyer and undertakes that the payment will not be altered or withdrawn. While this seems simple enough, there are several other steps that must align before you can get those precious keys. If the Vendor has a mortgage, their bank must confirm the amount payable to discharge the mortgage. This amount is confirmed the morning of settlement to include interest to that date; a key factor contributing to time uncertainties. The Purchaser\'s lawyer cannot release the settlement payment until the Vendor’s lawyer has given their undertaking, received any loan funds (if bank financing is involved), and the Purchaser’s contribution is deposited into the lawyer’s trust account. So, there is a bit of patience required on settlement day, but this ensures that the various factors align so you can take possession of the property without a hitch. Rest assured that your lawyer is working diligently to ensure a smooth transition, enabling you to step into your new home with confidence.

Land Covenants – protecting or preventing development?

Land covenants are very commonplace in modern subdivisions and often impose significant restrictions on the way a property can be developed and used, now and into the future (sometimes indefinitely). While usually intended to promote and protect the amenity of subdivisions and preserve property values in the years to come, covenants can stymie development, prevent neighbourhoods from moving with the times and create difficulties for owners trying to renovate and extend or sell their properties. Common issues are: Requirements that the developer or other third party approve in writing any plans and specifications for construction of buildings on the land. Often these requirements are overlooked, and approval is not actually sought or there is nothing in writing to show that this requirement was complied with. This causes issues when the property is sold as a purchaser inherits (and could be required to fix) any covenant compliance issues when they buy a property. These requirements can also be written in such a way that it’s not clear whether approval has to be obtained for the initial construction of buildings on a property, or whether the obligation is ongoing and approval must be obtained for any new additional buildings (like a tiny home or extra garage) or changes to original buildings - which would cause further issues if the developer no longer exists. Prohibitions on subdivision or the number of dwellings that can be constructed. It is very common for covenants to specify that only a single dwelling can be constructed on a property, which can prevent an owner from redevelopments such as converting their property into a home and income and inhibits intensification of residential land. Inflexible material requirements, like obligations to use only certain types of cladding, which have become obsolete or problematic over time. These requirements can also prevent the use of new superior materials and building innovations. While it is possible to place a time limit on residential land covenants or to update or remove them, the current legal pathways can be complex and time-consuming—particularly when the original covenants do not provide for such changes. At present, modifications or removals can be pursued by: Securing unanimous consent from all owners in the affected subdivision. This is often impractical due to the number of parties involved and the potential for disagreement or requests for compensation. Applying to the Court under sections 316 and 317 of the Property Law Act 2007. While this process can be burdensome and uncertain, our team has successfully guided clients through several such applications. To succeed, applicants must typically demonstrate that: There has been a material change in the use of the land or the character of the neighbourhood; The covenant unreasonably restricts the property’s use; and No party would suffer substantial detriment from the change. Given the complexity and cost of these processes, its high time the government considered introducing a statutory time limit on residential land covenants. In the meantime, if you\'re buying, selling, developing, or redeveloping a property that may be affected by covenants, our experienced team is here to help—please get in touch to discuss your options.