Rebecca Irvine
Senior Solicitor
tel:+6475713852
mailto:rebecca.irvine@hobec.co.nz
Qualifications
- LLB, University of Waikato 2016
- Admitted to the Bar in New Zealand 2017
Community Activity
- Bay of Plenty Symphonia (player and previous committee member and treasurer)
- Opus Orchestra
- Autangi Ensemble
Contact
- DDI: +64 7 571 3852
- M: +64 27 859 5176
- E: rebecca.irvine@hobec.co.nz
Rebecca is a Senior Solicitor in Holland Beckett’s Property and Commercial team.
Rebecca advises on a wide range of property and commercial matters, including:
- Leasing
- Freehold, unit title and townhouse developments
- Subdivisions
- Sale and purchase of residential and commercial property
- Sales and purchase of businesses
- Commercial contracts
- Chartitable trusts and incorporated societies
- Trusts and asset planning
Rebecca is also experienced in local government transactions and has assisted local and regional authorities with leasing, Public Works Act matters, commercial contracts, delegations, privacy and general property and commercial advice. Rebecca has furthered this experience through her previous role as in-house counsel at Tauranga City Council.
Outside of work, Rebecca loves spending time with her young family, getting outdoors and playing the violin at local weddings, events and orchestra concerts
Rebecca Irvine's Expertise
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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
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.
I want to build in my backyard, now what?
Historically, it was very common for properties to have had some sort of “DIY” building works, whether it be a garden shed, out-house, tree house or internal renovations. These days, it feels like there is so much “red-tape” and cost that comes with doing building work on your land that is very hard to justify doing it (or doing it properly).
So, if you want to build your own shed or addition, this is what you should know:
It’s my land, can’t I just do what I want?
Unfortunately, no. There are rules in place regarding how you can and cannot use your land. This is set out in the relevant ‘District Plan’ prepared by your local council.
You may need to obtain a building or land use consent from the council. These consents give you permission to build a structure or use your land and its natural resources in a way that is not allowed as of right in the District Plan.
Do I need a building or resource consent?
This depends on what you want to do. Generally building consents will be required for any structural building work, new plumbing and drainage works, retaining walls or fences over a certain height or swimming pools. Land use consents, or resource consents, will normally be required for activities such as property development (including building additions or alterations), earthworks, or changes to use of natural resources (ie. water).
If you have engaged a builder or other professional, they will be able to tell you if you need a consent. You can also talk to your local council or look on the council’s website.
If I do need a consent, what do I need to do?
You will need to make an application to your local council. The council will decide whether to grant the consent or not, and may impose conditions on you. It can be a long and drawn out process.
If you have a builder, they will generally apply for any building consent on your behalf. If you need a resource consent and need assistance, our experienced team members can guide you through the process.
What if I need a consent and I don’t want to get one?
If you decide to undertake the work without the proper consent, you will need to be aware that you could later be required by the council to remove or modify the works undertaken. You should also be cautious if you later sell the property, so that the purchaser is not mistaken about it lawfulness of the addition/work.
Do I need to tell my insurance company?
You should talk to your insurance company before you undertake any major works, whether consent is required or not. Depending on your policy, your insurer may require you to obtain a short term construction policy, such as covering loss and damage to materials on site. They may also require documentation on completion, for example, certification from a qualified electrician that works were done to the proper standard.
Holland Beckett Law can help you to determine if your planned works need consent, or with the consenting process.