Natasha van der Wal
Partner
tel:+6479287097
mailto:natasha.vanderwal@hobec.co.nz
Qualifications
- LLB, BSc, University of Auckland 2007
- Admitted to the Bar in New Zealand 2009
Community Activity
- Trustee on House of Science New Zealand’s Board of Trustees
Contact
- DDI: +64 7 928 7097
- M: +64 21 855 458
- E: natasha.vanderwal@hobec.co.nz
Natasha van der Wal is a Partner at Holland Beckett and leads our Rotorua commercial and property team.
Natasha works closely with individuals, corporate entities, local governments, Māori land-owning entities and post settlement governance entities.
She provides advice on a range of legal issues working in property, commercial and asset planning including projects involving subdivisions and development, leasing and commercial contracts, Māori property interests, iwi social housing and papakainga. Natasha has appeared before the Māori Land Court on property related matters.
Outside of work Natasha enjoys travelling and making the most of the outdoor activities the Bay has to offer.
Natasha van der Wal's Expertise
Natasha van der Wal's News & Resources
Changes to the Public Works Act – additional compensation on the table for landowners
The Government recently introduced changes to the Public Works Act 1981 which provide for additional compensation for landowners who have their land acquired by agreement for certain projects. These projects are generally roading projects, based on those listed in the Fast-track Approvals Act 2024 or are identified as Roads of National Significance.
This will be of particular interest to local landowners who have land that will be used by NZTA for the Takitumu Northern Link - Stage 2 as this project is subject to the new compensation provisions and negotiations are already underway with landowners.
The Public Works (Critical Infrastructure) Amendment Act 2025 was passed on 26 August 2025 and is designed to speed up the land acquisition process for critical projects where a designation is in place or applied, or a resource consent is obtained. The new provisions involve:
Additional compensation as an incentive for landowners to reach agreement on land acquisition, being:
Recognition payment: 5% of total land value up to a maximum of $92,000 to recognise the land is being taken for critical infrastructure;
Incentive payment: 15% of the total value up to a maximum of $150,000 if the landowner reaches an agreement before the Minister or local authority serves a s 23 PWA notice (being the process to compulsorily acquire the land).
The landowner must give vacant possession in order to receive the additional compensation. The vacant possession date is by agreement, or within one month of the Minister or local authority giving notice that vacant possession is required.
Removal of the right of objection to the Environment Court for land that is taken for projects designated as critical infrastructure. Instead, a submission process is available where a landowner can make a submission to the Minister or local authority, with an opportunity to make a second submission following the Minister or local authority’s comments. The ability to object to the valuation tribunal for compensation remains.
These provision also apply for critical infrastructure projects where negotiations are already underway. There are exceptions for Māori land and an ability for agencies to opt-out of the above process and use the standard PWA process.
The key benefit of these changes is that landowners who are willing parties to land acquisition are able to obtain additional compensation (up to $242,000 depending on land value) if they reach early agreement with the Minister or local authority before it issues a s 23 PWA notice for compulsory acquisition.
It is therefore important to approach negotiations for land acquisition for such projects with these timeframes in mind to avoid inadvertently missing out on increased compensation.
There are further reforms expected to the PWA this year, including the requirement for compulsory mediation for compensation disputes, but these are not yet in force.
If you have any questions on the Public Works Act 1981 or this article, please contact our public works specialists: Bridget Bailey, Natasha van der Wal and Hilary Anderson.
Refinancing – things to consider before switching banks
With interest rates beginning to drop now might be a good time to consider replacing your current financial provider.
When you refinance you are taking out a new loan and using this to repay your existing loan. Here’s a rundown of key factors to keep in mind before making the switch:
Lawyers
Most banks will require you to have a lawyer to help you through this process. They will liaise with your current bank advising them of your intent to refinance, advise you on your new loan contract, receive your new loan funds and use those funds to repay your current loan. They will also ensure the existing mortgage (i.e. the instrument registered on your property’s title) is properly discharged and register the new mortgage on your property’s title. They also advise on any legal risks or obligations associated with the refinance. It is important to involve your lawyer at the start of the refinancing process so that they can ensure that everything runs smoothly.
Compare rates and consider break fees
Look at the interest rates offered by the new bank versus your current one. Take into account break fees - if you are refinancing during a fixed term under your current mortgage you may be liable to pay break fees. Break fees, also known as early repayment charges, are penalties that lenders charge borrowers when they repay a fixed-rate mortgage early or refinance to a new lender before the end of the borrower’s fixed interest rate term. You should get in touch with your current bank to see how much these may be. It is important that you have borrowed sufficient funds to repay all lending as well as any break fees.
Cash contribution
You should negotiate a cash contribution or a cash back. This is a special incentive that banks offer for switching to them and is essentially a reward or bonus for choosing them, the idea being that it often reduces your out-of-pocket-expenses. Most banks will offer a lump-sum payment of 0.8% - 0.9% of your total lending which is paid directly to your bank account after settlement. You generally do not have to pay back the cash contribution as long as you meet the terms and conditions of the loan offer, like keeping the account open for a certain period of time, typically a minimum of 3 years. However, if, for example, you refinance to another bank within that period you will most likely need to repay the cash contribution on a pro rata basis.
Insurance
Your new lender will need to be noted on your insurance certificate. Some banks also have specific requirements around insurance, so it is important that you check with your insurance company that your current policy is sufficient.
Security
Your lawyer will need to know if there are any existing guarantees or other securities which will need to be released and or discharged with your current bank. Banks do not automatically release these or bring them to your attention once lending has been repaid. If your new lending involves a company or a trust additional legal advice may be required.
Re-register it, before you re-gret it – why incorporated societies must act now
The Incorporated Societies Act 2022 represents a significant overhaul of the legal framework governing incorporated societies in New Zealand. The new Act introduces fresh governance standards, clearer responsibilities, and a modern framework designed to protect your society and its members.
With the re-registration deadline approaching, it\'s crucial for societies to understand the new requirements and take proactive steps to ensure compliance.
Failure to act now means there is a very real risk that your society will cease to exist come April 2026.
1. A new constitution
As a minimum requirement, most societies will need to adopt a new constitution in order to re-register. Societies are now required to have a constitution that complies with the new Act. This includes specifying the society’s purpose, membership criteria, dispute resolution processes, and procedures for general meetings and decision-making.
2. Re-registration
The new Act comes with a critical deadline: all existing incorporated societies must re-register by 5 April 2026.
Failure to do so will mean your society will cease to exist and there will be serious consequences, including:
The inability to deal with your society’s assets.
The inability for your society to operate.
Your members will lose the protection from personal liability offered by the 1908 Act, exposing them to potentially serious personal risk.
Jeopardizing existing arrangements and contracts with third parties, and risking your society’s reputation.
Re-registration isn’t just a formality - it’s a fresh start
Think of re-registration as hitting the reset button, while ensuring that your organization remains legally recognised and capable of continuing its work:
Stay in business: Re-registering guarantees your society’s ongoing ability to hold assets, enter contracts, and deliver on its purpose.
Embrace modern governance: The new law encourages transparent, accountable leadership. It’s an opportunity to review your rules, define officer duties more clearly, and adopt best practices.
Protect your officers: Officers will have new duties and liabilities - being prepared now can prevent future headaches.
Opportunities for growth: This is a perfect time to reassess your organisation’s goals and structure - perhaps an alternative structure, like a charitable trust, suits your organisation better.
How to re-register - and why it’s easier than you think
The government has simplified the process. A straightforward online form requires your society’s details - such as your new registration number, address, officer list, and updated constitution. It’s designed to be fee-free and accessible.
However, this isn’t just about ticking boxes. Your society’s name, purpose, or rules must meet specific requirements, and any non-compliance could cause delays or rejection. Starting the process early means fewer surprises and plenty of time to make necessary adjustments.
3. Other key steps your society should take now
Review your membership: The minimum number of members has been reduced from 15 to 10. Societies must maintain at least 10 members at all times, and each new member must consent in writing to join.
Assess committee and officer eligibility: Every society must have a committee of at least three officers. Officers must consent in writing and must not be disqualified (e.g. undischarged bankrupts or individuals convicted of serious offences). The Act codifies officer duties, including acting in good faith, exercising powers for proper purposes, and avoiding activities that could seriously harm creditors.
Prepare for financial reporting changes: Societies must prepare annual financial statements that comply with generally accepted accounting practices (GAAP). Larger societies must have their financial statements audited. A society is considered small and can continue its current reporting practices if it meets certain criteria, such as spending less than $50,000 in each of the two preceding financial years.
Implement dispute resolution procedures: Develop and document clear procedures for resolving disputes among members. The Act has minimum dispute resolution requirements which must be documented in the constitution and be consistent with the rules of natural justice.
Don’t leave your society’s future to chance - take action today!
The message is clear: act now before the April 2026 deadline. Re-registration is your guarantee that your society continues to serve its community and fulfil its mission.
How Holland Beckett can assist
Navigating the complexities of the Incorporated Societies Act 2022 can be challenging. Our legal services are here to support your society through the re-registration process and beyond. We offer:
Constitution review and drafting: Ensuring your constitution complies with the new Act and reflects your society\'s needs.
Officer and committee guidance: Assisting in assessing eligibility and understanding duties under the new Act.
Financial reporting advice: Providing guidance on meeting new financial reporting and auditing requirements.
Dispute resolution strategy: Helping develop and implement effective dispute resolution procedures.
Contact us today to ensure your society remains compliant and continues to operate smoothly under the new legal framework.
Hot Tips for Purchasing Property in Rotorua
Rotorua is a wonderous place, known for its cultural significance to Māori, its geothermal activity, many lakes and tourism (to name but a few). From those seeking adventure, mountain biking in the redwoods, or taking some time to bask in one of the many day spas, Rotorua has something to offer everyone.
For those seeking to permanently secure a foothold in Rotorua, we’ve collated a selection of relevant factors for the prospective purchaser to consider when looking at Rotorua residential property:
Geothermal Activity
Geothermal / volcanic activity is part of the natural landscape and surrounds of Rotorua. Undertaking due diligence in this regard at the outset will help to mitigate unexpected surprises.
This includes checking that you will be able to secure insurance (without exception).
Note: Insurance is critical if you are obtaining a mortgage.
Geothermal Bores
While it may seem unusual, some properties in Rotorua are heated through access to a geothermal bore. If the prospective property you are looking at purchasing does have access to a geothermal bore, we suggest you check matters such as:
Whether there are any known issues with the supply/users of the bore;
The maintenance contribution you would be liable to pay (including the amount and frequency);
Who manages the bore. For example some areas have a geothermal bore association who meet on a regular basis; and
How to transfer the right to use the bore, if applicable.
Water Supply
The Rotorua Lakes Council (Council) has two methods of charging for water use:
Unmetered properties – these properties are charged a set annual charge included in their general rates.
Metered properties – these properties receive separate quarterly invoices, based on the actual volume of water consumed.
Council operates 10 water supplies for urban, rural residential and farming supplies. These supplies do not receive any funds from general rates and are funded through water charges.
You should check if water use for your property is metered and if it is subject to any additional water charges.
Air Flight Path
Rotorua has the benefit of a domestic airport in Ōwhata.
Properties that are located near the airport (where applicable) may be in areas of high Airport Noise, this will be noted on the Council file.
The airspace above the property may also be designated on flightpaths to the airport, this will also be noted along with any restrictions such as the height of trees and property or the use of drones.
You should check whether the property you are looking to purchase is subject to Rotorua Regional Airport Noise Control and Mitigation requirements and if there are any restrictions associated with this.
Jetty’s
If you are looking at buying or selling a home with a Jetty ensure you understand your obligations.
This includes the transfer of the resource consent (if applicable), the resource consent terms and the costs.
Fireplaces and the ‘Point of Sale’ Rule
Check whether the property falls within the Rotorua Clean Air ‘airshed’ which requires non-compliant fires and wood burners to be decommissioned or removed.
If the home has a solid fuel heater and it is not on the list of compliant solid fuel heaters it must be decommissioned with a certificate filed with Council by an appropriately qualified person.
It is a requirement at the time of sale, (which is a seller’s obligation).
Leasehold Titles
Sometimes, you will come across some well-priced lake-front (or near to) properties that are comparably lower than some surrounding homes and the \'good price\' may be attributed to those properties being “leasehold” titles.
A leasehold, generally speaking, means you have a “leasehold” title that is subject to a lease which includes the leasehold owner paying ground rent. There is someone else who owns the “fee simple” or “freehold” of the underlying land (the ‘Landlord’ or Lessor) who you pay that rent to.
You only have the right to exclusive use of the property for the time specified in the lease (subject to any renewals).
The lease should be carefully reviewed and understood by you prior to purchasing as your use and occupation is subject to the terms of that registered lease.
General
If you are considering purchasing (or selling), seek legal advice prior to signing an agreement (this is to ensure that your I’s are dotted, and your T’s are crossed).
To protect your interests, we can assist in reviewing your agreement to ensure the appropriate clause(s) are included in the sales and purchase agreement.
If you are looking to secure your own piece of paradise in Rotorua, reach out to our property team for legal advice, prior to signing the agreement. As the saying goes, it is much easier to negotiate before you sign!
Holland Beckett promotes two partners
Leading New Zealand law firm, Holland Beckett has announced the promotion to partnership of two of its senior lawyers, Will Dymock and Natasha van der Wal, effective from April 1st 2024.
The Bay of Plenty based firm has offices in Tauranga, Rotorua, Whakatāne and Taupō, and advises local, national and international clients. With over 140 staff including over 70 lawyers, the full-service firm\'s specialist teams work collaboratively and cater to a vast range of legal matters, including property, trusts and estates, commercial, corporate, finance, employment, family, civil litigation, resource management and local government. Holland Beckett also has a specialised Māori Legal Unit.
“It is a pleasure to announce the promotion of Natasha and Will, both experts in their respective fields”, says Ken Hawkes, Partner at Holland Beckett. “These talented lawyers represent the diverse capabilities we have as a firm, and the growth and strength of our team. We look forward to expanding the partnership with their specialist expertise”.
The promotion of Will and Natasha expands the partnership to 16, which is testament to Holland Beckett’s reputation as a top tier legal employer, firmly focused on recruiting the best talent and developing the next generation of legal leaders. The firm has the most female partners of any law firm in the Bay of Plenty, growing from two to five women in the past seven years.
Will Dymock, Partner
Will advises clients on a wide range of finance, corporate, restructuring and commercial transactions.
Will has extensive international and domestic experience advising financial institutions and businesses (small and large) across a broad range of areas including asset finance, general corporate lending, property finance and corporate finance. Will specialises in aviation and asset finance and leasing where he advises international clients, including financial institutions, aircraft lessors, lessees / airlines and other aviation market participants, on a wide range of aviation financing, acquisitions and sales, leasing and lease restructuring.
Prior to joining Holland Beckett in 2021, he spent six years in Singapore where he worked for two leading international finance practices, most recently as a Senior Associate in the global asset finance team at Clifford Chance. Prior to Singapore, Will worked in a leading banking and finance practice in Auckland.
Natasha van der Wal, Partner
Natasha joined Holland Beckett as a Senior Solicitor in 2016. Natasha’s expertise is focused on property law, commercial law and Māori legal issues.
Natasha provides strategic and trusted advice on a broad range of property and commercial matters for individuals, corporate entities and local government. She has experience with complex property issues including subdivisions and development, the acquisition and disposal of residential, rural and commercial properties; and commercial leasing and licencing matters generally.
As part of the specialised Māori Legal Unit at Holland Beckett, Natasha provides advice on Māori legal issues for local government, individuals, Māori trusts, Māori incorporations and post settlement governance entities. She is experienced with Māori property matters such as partitions, large commercial developments, iwi social housing and Papakainga. She has appeared before the Māori Land Court on property related matters.
Outside of work, you’ll find Natasha supporting her children on the sidelines of their various sporting interests. She also promotes scientific literacy for children in New Zealand as a trustee of the House of Science NZ Charitable Trust.
What happens if you can’t make your mortgage repayments?
Inflation and the rising cost of living is affecting a lot of New Zealanders. Those who entered the property market with record low interest rates may start to feel the pinch as these rates continue to climb.
So what should you do if you can’t meet your mortgage repayments?
Talk to your lender
If you think you may struggle to meet your loan obligations, the first place to go is your lender. The earlier you touch base to discuss your options the better off you will be. Waiting until your loan is in default will compound the problem and make your situation harder to rectify. Your lender may be able to restructure your loan or change you to interest only payments. Interest only payments mean your loan principal won’t go up, but it also won’t go down. If you are still unable to make your repayments, you may be able to apply for financial hardship.
Financial hardship application
By law you have the right to ask your lender for a change your mortgage if you meet the following criteria:
You have suffered a hardship you couldn’t reasonably foresee, such as loss of employment or death of a partner; and
As a result of the hardship, you cannot meet your mortgage repayments; and
You believe you would be able to make your mortgage repayments if your loan agreement was restructured (see below).
You cannot make a hardship application:
If you’ve failed to make four or more repayments in a row; or
If you’ve been in default for two weeks or more after receiving a notice that you’re in default on your mortgage; or
After two months of being in default on your repayments.
Again, you need to deal with this early.
If you make a hardship application by meeting the above criteria, your lender is required to consider it and follow specific processes. The changes that can be made include:
Extending the term of the loan agreement and reducing the repayment amounts; or
A payment holiday (your repayments are postponed for a specific period); or
A combination of the above.
These options will relieve the pressure temporarily, but it is important to note they are likely to increase the total amount owing on a loan. The changes you ask for must be fair and reasonable to both you and your lender.
Refinance
Refinancing with a new lender offering lower interest rates can be option in some circumstances. You will have to make sure there are no break fees or cash-contributions you will have to pay back should you jump to a new lender. If you are thinking of refinancing you can get in touch with us, your broker or your bank to determine whether this is the right option for you.
Mortgagee Sale
If you are unable to get your payments back on track, your lender has the legal right to start the debt recovery process which may (in the worst case) lead to a mortgagee sale. This process is not a fast one as there are several legal obligations the lender must comply with before they can sell your home. If you believe this process is likely to start, or has started, get in touch with one of our team as soon as possible and we will guide you through it and work through some options with you.
The most important thing you can do when facing the possibility of defaulting on your loan is to act early. Get in touch with us or your lender as soon as you can to avoid the possibility of a mortgagee sale.