Katherine Dyer

Qualifications

LLB (Hons), BA, University of Auckland 2016
Admitted to the Bar in New Zealand 2016

Community & Industry Activity

- NZLS Waikato Bay of Plenty Standards Committee No. 2 member
- Group Secretary for Tauranga Land Search and Rescue and volunteer field team leader
- Waikato Bay of Plenty Women in Law Association committee member

Contact

DDI: +64 7 928 7095
E: katherine.dyer@hobec.co.nz

Katherine is a Senior Associate in Holland Beckett’s family law team.

She joined the Holland Beckett team in 2016 and specialises in all areas of family law. Katherine has extensive experience in dealing with:

Post-separation relationship property disputes, including negotiating, drafting and advising on Relationship Property Agreements, and acting in Court proceedings
Contracting Out Agreements (“prenups”)
Care of children and guardianship issues
Family violence matters including applying for and defending protection orders
Proceedings under the Protection of Personal and Property Rights Act 1988 regarding incapacitated persons
Estate claims
Adoptions
Dissolutions of marriage (“divorce”)

Katherine is passionate about achieving practical solutions for her clients, including through out-of-court dispute resolution methods where possible. She is an experienced Court lawyer, regularly appearing in the Family Court and also acting on appeals to the High Court.

Katherine Dyer's Expertise

Family Law

Civil Litigation & Dispute Resolution

Trusts, Asset Protection & Estate Planning

Katherine Dyer's News & Resources

Holland Beckett celebrates new Senior Associates

Holland Beckett is pleased to announce the promotion of Laura Murphy, Katherine Dyer and Katie Brown to Senior Associate. Senior Associates L-R: Katie Brown, Katherine Dyer, Laura Murphy “The number and breadth of this year’s promotions reflect the depth of talent across Holland Beckett and the strength of the service we provide to our clients,” says Sam Tabak, Partner. “Each of these lawyers has demonstrated expertise, leadership and dedication, along with a clear ability to add value for clients, colleagues and communities. We are proud to recognise their achievements and look forward to seeing them develop as leaders within Holland Beckett and the wider profession.” Laura Murphy Senior Associate – Environment and Planning Laura has been an integral member of Holland Beckett\'s Environment and Planning team since 2020. Laura advises clients on complex resource management matters, including consenting processes, planning matters, designations, enforcement proceedings, and major infrastructure and development projects. Raised in Tauranga and proud to practise in the Bay of Plenty, Laura has acted on significant projects, including fast track and direct referral applications, planning appeals, and Marine and Coastal Area Act proceedings. Laura holds an LLB (First Class Honours) and BA from Victoria University of Wellington and is actively involved in the profession as a member of the New Zealand Law Society’s Environmental Law Committee and secretary of the Bay of Plenty Resource Management Law Association. Katherine Dyer Senior Associate – Family Law Katherine joined Holland Beckett in 2016 and has built her entire legal career with the firm. Based in Tauranga, Katherine advises clients on a broad range of family law matters, with particular expertise in relationship property disputes, contracting out and asset protection arrangements, care of children matters, family violence proceedings, Protection of Personal and Property Rights Act applications, and estate and family protection claims. An experienced advocate who regularly appears in the Family Court and has acted in High Court appeals, Katherine combines strong advocacy with an empathetic approach to help clients navigate challenging circumstances and work towards enduring outcomes. Katherine completed an LLB (Honours) and BA at the University of Auckland before beginning her career with Holland Beckett. Alongside her legal career, Katherine serves the community as volunteer field team leader and Group Secretary for Tauranga Land Search and Rescue. Katie Brown Senior Associate – Family Law Katie joined Holland Beckett in 2025, bringing more than a decade of family law experience. Her promotion to Senior Associate reflects the significant contribution she has already made to the firm and its clients. Katie advises and represents clients across a broad range of family law matters including relationship property, contracting out agreements, parenting and guardianship disputes, family violence proceedings, and applications under the Protection of Personal and Property Rights Act 1988. After completing an LLB and BA at the University of Canterbury, Katie began her legal career in Christchurch before returning home to Tauranga. Drawing on extensive experience, she is known for her clear communication and sound guidance through complex and sensitive family law matters.

What are the legal implications of a de facto relationship?

There is a lot to think about when deciding whether to live with a new partner. Is this the right time for us, whose home do we move into, how will the kids feel, and which furniture will we keep? One of the most important things to consider is the legal implications. If you decide to move in together, you are beginning a de facto relationship. What is a de facto relationship? A de facto relationship exists where two people aged 18 or older (and not married or in a civil union) are “living together as a couple”. Knowing whether you are in a de facto relationship is not always black and white. It depends on all of the circumstances. For example, you might spend some nights a week together and some apart with your own children. The relationship could be \"long distance\" for work purposes. Factors that could indicate you have become de facto include: Duration of the relationship Nature/extent of common residence Whether there is a sexual relationship Degree of financial dependence/interdependence and any arrangements for financial support Ownership, use and acquisition of property e.g. purchasing assets together Mutual commitment to a shared life Care/support of children Performance of household duties Reputation and public aspects of the relationship What happens after 3 years? In New Zealand, you do not need to be married to trigger an entitlement to equal sharing, simply living together as partners. When you have been in a de facto relationship for longer than 3 years, there is a presumption that all relationship property will be divided equally if you separate. This is significant because relationship property includes but is not limited to the following: The family home (regardless of who purchased it, who contributed what to the purchase or whose name is on the title); Family chattels (objects such as furniture, appliances, cars etc); All property owned jointly; All wages and income acquired during the relationship; Any property used for your joint benefit; and Any property that is intermingled with relationship property. (For more clarification as to what relationship property includes, see this article: What is Relationship Property & how is it divided). What if we’ve been in a de facto relationship for less than 3 years? If you separate prior to living together for three years, the rules are slightly different. This is called a de facto relationship of short duration. If you separate after a relationship of less than three years, then relationship property claims don’t arise unless there is a child of the relationship or the claiming partner made a substantial contribution to the relationship, and if the Court considers there would be serious injustice without the division of relationship property. This is a high legal threshold to meet. In this situation, the presumption of equal sharing won’t apply. Instead, relationship property is divided based on contributions to the relationship. Contributions can be both financial and non-financial (e.g. care of children and maintenance of the household). How can I protect my assets? Enter into a Contracting Out Agreement A Contracting Out Agreement (more commonly known as a “pre-nup”) is a legally binding agreement that allows you to “opt out” of equal sharing upon separation or death. For example, if you own a house and your partner is moving in, a Contracting Out Agreement can say that your partner will not be entitled to a half share of your house once you have been together for 3 years. You can enter into a Contracting Out Agreement at any time when you are contemplating moving in or already living together. If you have already been living together for 3 or more years this is still possible although can be a more difficult proposition as the presumption of equal sharing kicks in at 3 years. A Contracting Out Agreement is generally the most effective way to protect assets and manage relationship property expectations before or during a de facto relationship. Deciding not to move in together If you are not ready to take this step, choosing not to live together can minimise the risk of equal sharing. However, this is not a risk-free decision. Within modern relationships, living together does not always look like sharing one residence. Lines can become blurred and one party to the relationship may believe a de facto relationship exists whereas the other party understood the relationship had not yet crossed that threshold. Does a Trust protect my assets? There is a common misconception that transferring assets into Trust can protect them from relationship property claims and avoid the need for a Contracting Out Agreement. This is not the case. There are many relationship property claims that can be made against assets in trusts, so this is not an effective way to protect your assets when entering into a de facto relationship. If you would like to learn more about Contracting Out Agreements you can read this article here, or get in touch with our experienced Family Law team. We can offer you tailored legal advice for your situation to protect your property interests.

Dissolving a marriage: how do I go about filing for divorce?

What is a dissolution of marriage? Separation can be a difficult time, but in New Zealand applying for a divorce, legally called a dissolution of marriage, is generally a straightforward and non‑contentious process. A dissolution of marriage is a separate legal process from resolving arrangements for children or dividing relationship property, although these issues are often addressed at the same time following separation. When can you apply for a divorce? There are several things to be aware of: You do not need to have been married in New Zealand, provided at least one spouse is ‘domiciled’ in New Zealand (has made New Zealand home) You and your spouse must have been living apart for two years for the Family Court to make a dissolution order (an order dissolving your marriage, meaning you are no longer legally married) During this two-year period, it is okay if you have resumed living together at certain times for short periods if: The periods of living together totaled no more than three months; and The periods of living together occurred for the purpose of attempting to get back together. If there are children of the marriage, the Family Court will need to be satisfied that appropriate arrangements have been made for the care of the children post-separation. If you cannot agree on a fair division of relationship property, you need to apply separately to the Family Court to resolve this issue within twelve months of the Dissolution Order being made. How do you apply? Once the two-year period of living apart has passed, you can file an application in the Family Court for a Dissolution Order: You can apply for dissolution on your own: Apply for a divorce on your own | New Zealand Ministry of Justice Or you can apply in agreement with your spouse: When you both agree to get a divorce | New Zealand Ministry of Justice If you apply on your own, then rules apply regarding service on your spouse. We can assist you with this process. Relationship property and other considerations You do not need to wait for two years to resolve your relationship property division or children’s care arrangements. Most people begin working through these issues shortly after separation, so they are sorted well before the “two year period” has expired. If there is no dispute about when the marriage ended, most people are able to agree to file a joint application for dissolution of marriage. This is why the process is usually non-contentious. Note that from October 2025, an exception to the two-year period of living apart rule is in force for situations of family violence. Our experienced family law team is happy to assist you with any aspect of the divorce process, including dissolution of marriage applications and relationship property matters.

Ending a tenancy on short notice where family violence has occurred

Provisions in the Residential Tenancies Act 1986 (“Act”) that enable victims of family violence to leave a tenancy at short notice are in force and can be used, with the corresponding regulations coming into force on 29 December 2022. On 11 August 2021, changes to the Residential Tenancies Act 1986 took effect. These changes included provisions relating to ending residential tenancies, including fixed term and periodic tenancies, on short notice if that tenant has experienced family violence during their tenancy. No financial penalty can be given to a tenant cancelling this way and the landlord’s agreement does not need to be sought. Cancelling a tenancy following family violence Tenants who experience family violence during their tenancy can cancel that tenancy by giving at least two days’ notice to their landlord. They will not need to apply to the Tenancy Tribunal. Family violence in this context is given the same meaning as under the Family Violence Act 2018 (for more information, see here). The notice itself must be given on a specified form and include certain information which has been set out in the associated regulations. This should be given to the landlord in writing. The notice will be considered to be received by the landlord from the moment it is sent, with the notice period starting the next day. The specified form can be found here. What sort of evidence of family violence is required? The notice needs to include at least one form of evidence that the tenant has experienced family violence during the tenancy. Acceptable evidence may include: a letter or email from one of a number of specified persons (which includes for example a lawyer, a social worker, a medical professional, a counsellor or Police); a Police Safety Order, a Protection Order or a charging document relating to the family violence; or a statutory declaration from the withdrawing tenant What happens once the notice has taken effect? Once the two-day notice period has passed, the tenant who is withdrawing will no longer be responsible for rent under the tenancy. If the person cancelling the tenancy is the only tenant, the tenancy will end. The normal end of tenancy requirements will apply. The cancelling tenant should give notice of their cancellation if there are other tenants remaining at the property. The notice does not have to be given in person and no evidence of family violence or other information needs to be shared. However, if no notice is given to the remaining tenants, the notice given to the landlord will still not fail. With a few exceptions, the amount of rent that the remaining tenants must pay is reduced for two weeks following the initial two-day notice period. After that, rent will return to the normal amount of rent, as per the tenancy agreement. There are options available to the remaining tenants to negotiate with the landlord to stay in the home with fewer tenants, add a new tenant, find a flat mate, or end the tenancy themselves. If a dispute arises, an application to the Tenancy Tribunal can be made to resolve the matter. Landlord obligations Landlords are encouraged to be flexible in their response to tenants who approach them under these circumstances and must keep any information shared with them confidential, including the notice and supporting evidence. Disclosure can only be made in limited circumstances and the landlord could be liable for a fine of up to $3,000 if they unlawfully share the notice or supporting evidence. Landlords can also agree to end the tenancy early without having to be provided with the notice or supporting evidence following discussions with their tenant. Landlords can calculate the amount of the reduced rent according to section 56B(5) of the Act. Such reduction in rent is not a variation of tenancy. Once the rent returns to the normal amount, this does not constitute a rent increase. Lastly, a landlord cannot challenge a family violence withdrawal notice on the basis of there being no family violence. If you are a landlord dealing with a situation like this and unsure of your obligations, we can assist you. You have the right to be safe If you are being abused, remember that it is not your fault, it is not acceptable, and it is not okay. You have the right to be safe and to live a life free from family violence. These new provisions offer a way out for those feeling stuck in a violent relationship due to living commitments. The specialist Family Law team at Holland Beckett are available to give advice on ending tenancies at short notice due to family violence and are experienced with applying to the court for protection orders also. Do not hesitate to reach out to us if you require assistance. If you are in danger now: Phone the Police on 111 or ask neighbours or friends to ring for you. Run outside and head for where there are other people. Scream for help so that your neighbours can hear you. Take the children with you. Do not stop to get anything else. Where to go for help or more information: Shine: Free, confidential, national helpline operates 24/7 – 0508 744 633, www.2shine.org.nz Women\'s Refuge: Free, confidential, national crisis line operates 24/7 – 0800 refuge or 0800 733 843, www.womensrefuge.org.nz Shakti: Providing specialist cultural services for African, Asian and Middle Eastern women and their children. Free, confidential, national crisis line operates 24/7 – 0800 742 584 It\'s Not Ok: Free, confidential, national helpline operating 9am-11pm daily – 0800 456 450, www.areyouok.org.nz Hey Bro Helpline: Supporting men to be free from violence: a free, confidential, national helpline operating 24/7 – 0800 HeyBro (439 276) Elder Abuse Helpline: A free, confidential, national helpline operating 24/7 – 0800 32 668 65, text 5032, email: support@elderabuse.nz Youthline: A free, confidential, national helpline operating 24/7 – 0800 376 633, free text 234, email: talk@youthline.co.nz

The difference between Enduring Powers of Attorney and PPPR Act orders

It is important to have Enduring Powers of Attorney (“EPOAs”) in place so that if an unexpected medical event happens the right people can look after you. If you lose your mental capacity and do not have EPOAs in place, it can be a costly, time-consuming and stressful process for your loved ones to legally have the right to look after you. The Protection of Personal and Property Rights Act 1988 (“PPPR Act”) provides what happens when a person loses their capacity to manage their personal and property affairs - both when they have EPOAs in place and when they don’t. Enduring Powers of Attorney EPOAs are legal documents that set out who can take care of your personal or property matters if you are unable to (for example, if you have a stroke, are in a coma or have a cognitive disorder). The person you appoint to look after you is called your “attorney”. There are two kinds of EPOA; property and personal care and welfare. To be valid, the Enduring Power of Attorney must be advised on by a lawyer or registered legal executive while you have medical capacity. Property The Property EPOA gives your attorney power to make decisions in relation to your money and property, such as the sale of a home or payment of your bills. You can choose whether your property attorney can act immediately (while you have capacity) or only if you lose capacity. The Property EPOA (or PPPR order – more below), can appoint one or more attorneys or a trustee corporation. You can also require your attorneys consult with or provide information to certain people. Personal care and welfare The Personal Care and Welfare EPOA gives your attorney the power to make decisions relating to your health and welfare, such as choosing a rest home, your level of care or medical treatment. The Personal Care and Welfare EPOA can only come into effect if a doctor certifies you have lost capacity and are unable to make your own decisions. The Personal Care and Welfare EPOA (or PPPR order) can only appoint one individual at a time to make decisions on your behalf. However, you can appoint successor attorneys and/or require that the first attorney consult with other people when making a decision. Why should I enact EPOA? Arranging for someone to be able to make decisions on your behalf by drafting EPOAs is a cheaper and more simple process where you are in complete control over who is appointed and what activities the appointed person can complete on your behalf, such as making gifts to family members or charity. If you lose capacity before you have EPOA in place, it is likely that someone will need to be appointed as your property manager and welfare guardian. This is so that they can enter contracts on your behalf, such as for you to be cared for in a rest home or to sell your property to help meet your care expenses and make decisions about your medical care when you are not in a position to do so yourself. Rest homes will not accept you into care if no EPOAs or PPPR Act orders are in place. PPPR Act orders If EPOA are not in place when someone loses capacity, an application must be made to the Family Court to appoint someone to make decisions on your behalf. These documents can also be organised through a lawyer, but this process takes place once you have lost capacity. You therefore have less control over who is appointed. Whilst every effort is made to appoint a suitable person, it may not be exactly who you would have intended to appoint given it is not a decision in your control any longer. PPPR Act orders process The process for applying to be a property manager or welfare guardian includes a medical assessment being conducted, the drafting of applications, affidavits and consent documents, seeking consent from interested parties, filing all documents in court, service of documents on interested parties, a lawyer for subject person being appointed and assessing the subject person, and court approval of the person to be appointed. If the appointed person is disputed, there may also need to be a court hearing. Further, once someone has been appointed to be your property manager and welfare guardian, that person must file a statement of assets and liabilities with the Court each year, and the orders need to be reviewed by the court – initially every three years, but the court may then decide that every five years is acceptable. A lawyer can assist the appointed person with this process if required, however this is likely to be at a cost to you personally. A record of income and outgoings must be kept, with any money spent for the benefit of the protected person only – not the appointed person. Public Trust conducts reviews of this. PPPR Act orders cease on death, bankruptcy and if the protected person regains capacity – although in most cases this is not likely to occur if the incapacity is due to dementia or permanent disability. At a time when you have recently lost capacity and your family needs to ensure that you are cared for appropriately, it is far simpler if you have signed EPOA which can then come into effect immediately. If you have not entered into EPOA then your family can be put in the position of having to go through the Family Court process to obtain welfare guardian and property manager orders as described above. This process takes time and effort which both increase cost. This can also mean there is a hold up in important decisions being able to be made, as it generally takes several months to work through the Court process before orders for appointment as welfare guardian/property manager take effect. It is significantly quicker and less expensive to enter into EPOAs when you have capacity, than for your family members to have to seek PPPR orders once capacity has been lost. Just like Wills, EPOAs are important documents to draft whilst you have capacity. Having documents like these in place will save your family time, cost and stress if you lose capacity and they need to get the Family Court involved to look after your personal care and welfare, and property matters. It will ensure that the people you trust and want to take care of these roles are in position to act immediately should they need to. If you have any queries, would like to prepare EPOAs or need to apply for PPPR Act orders, please reach out to us at Holland Beckett.