Waiata Groot

Qualifications

LLB University of Waikato 2015
Admitted to the High Court of New Zealand 2017

Contact

DDI: +64 7 262 0422
M: +64 27 738 4754
E: waiata.groot@hobec.co.nz

Waiata is a Senior Solicitor in our Family Law team, specialising in a broad range of family law matters.

Waiata’s expertise includes:

Separation & division of relationship property – advising on division of assets (including complex Family Trust and Company structure), negotiating settlements, and preparing Separation Agreements
Asset protection – including advising on and preparing Contracting Out Agreements (a.k.a. “Prenups”)
Childcare, Parenting and Guardianship issues – providing legal advice, negotiating agreements, and preparing Family Court proceedings if necessary
Family Violence – advising on family violence issues, assisting with protection orders and appearing in the Family Court
Estates & Wills – including legal advice relating to challenging Wills or Family Protection Act claims
Protection of Personal and Property Rights Act – Court applications regarding personal and/or property orders
Dissolution of marriage (divorce law)

Waiata achieves practical and desired outcomes for her clients by understanding their needs and resolving issues with sensitivity and legal expertise. Recognising that family matters can often involve high-stress or emotional situations, Waiata is committed to supporting clients through the legal process to find the best solutions for them and their families.

Waiata Groot's Expertise

Family Law

Waiata Groot's News & Resources

Learning and celebrating Te Reo Māori

This week we are celebrating Te Wiki o Te Reo Māori - Māori Language Week. The learning and use of Te Reo is something that Holland Beckett supports and encourages, recognising the importance of diversity, inclusion and Māori customs to our firm, the business and legal space, and the wider community. Over the last few months, our people have had the option to join weekly in-house Te Reo classes. The firm has run these classes previously, to very positive engagement and feedback from staff, and the second series run by kaiako (teacher) Atirau has been a great learning opportunity for our team. “The classes provide a basic grasp of Te Reo (including pronunciations and a ko wai au/pepeha), Tikanga practices, local myths and legends”, Cory Lipinski explains. This was the first time beyond school that he has taken a Te Reo course, and he has enjoyed the challenge of learning something new that is important to him. “As someone who lacked a proper understanding of Te Ao Māori, I wanted to have a grasp on the language, customs and traditions and their importance to Aotearoa. I believe that everyone in Aotearoa should have a grasp of Te Reo, whether this be speaking and reading the language or a basic understanding of the pronunciation of words. Given that there is a general stance from Government to disincentivise the use of Te Reo and a push back from our own profession to introducing tikanga Māori into the law courses, I think use of Te Reo in everyday activities needs to become the usual practice.” Cory is a Solicitor in our environment and planning team - “a large part of our work in environmental and planning law is associated with the effects that projects may have on mana whenua. It is important that we have a firm grasp of the Māori language and Tikanga.” Senior Solicitor Waiata Groot also joined the classes. She is deepening her knowledge of the language “because many of the ongoing challenges Māori face in society today are better understood if we, as individuals and a collective, expand our knowledge on Te Ao Māori (the Māori world view – including the Māori language, the customs and traditions, embracing Māori stories, and understanding their importance)”. This is important to her as Māori she has “seen firsthand the value in both Māori and non-Māori having mutual respect for different ways of doing things and working collaboratively to achieve for results everyone (which, simply put, can only be done if we understand and appreciate cultural differences).” As a family lawyer, Waiata sees encompassing this knowledge into her work as not only relevant, but essential - “for example, from a care of children perspective, two of the seven principles that NZ Courts must consider when making decisions regarding children include consideration of a child’s relationship with both parents, and that a child’s relationship with his or her family group, whānau, hapū, or iwi should be preserved and strengthened, and, consideration of a child’s identity which includes the child\'s culture.” Also in our Family Law team, Hannah Robins wasn’t born in Aotearoa and joined the classes as she feels it is “important to have understanding of the values and Tikanga especially while working in the family court”, to better grasp pronunciation and “to learn my mihi enough to confidently speak it in public”. Along with everyone in the class, Hannah praised Atirau as an great teacher, “he has incorporated games and activities into the learning which has made it fun. He is also very good at giving feedback and I don’t think anyone has felt embarrassed or judged if they haven’t known something”. This Te Wiki o Te Reo Māori we\'re encouraging the whole firm to get involved with Te Reo Māori phrases and cue cards in and around the office, competitions for the use of Te Reo, and Te Reo Māori Bingo along with a Hangi lunch. Mā te kimi ka kite, Mā te kite ka mōhio, Mā te mōhio ka mārama. Seek and discover. Discover and know. Know and become enlightened.

If we split, who gets the family dog and do I have to give back the rings?

Separation can be a difficult process. Not only are there a lot of emotions involved, but there are likely to be assets that are owned jointly, or separately but which have been used by both parties during the relationship. Working out who gets to keep what can be straight forward in some cases, but often the matter is more complex than you may expect. The Property (Relationships) Act 1976 (“PRA”) applies to marriages, civil unions or de facto relationships of three years or more. In limited circumstances, the PRA can also apply to relationships of shorter duration. What is relationship property? The PRA defines both relationship property and separate property. The family home and family chattels, whenever acquired and in whoever’s name they are legally owned, are relationship property. Contrary to popular belief, whether or not you owned the family home or chattels before the relationship, they will be relationship property dividable equally between both parties to the relationship (subject to certain limited exceptions). Family chattels can include furniture, appliances, household tools, pets, as well as cars, caravans, trailers and boats if they were used wholly or principally for family purposes. Gifts from one spouse or partner to the other are generally not regarded as relationship property – so no, you don’t have to give back the rings. Relationship property may also include superannuation and KiwiSaver, shares and investments, business interests, life insurance policies, rental and investment properties, property acquired in contemplation of the relationship, rights in respect of a trust, as well as relationship debt (which does not have to be in the parties’ joint names). Bank accounts which hold funds earned or received during the relationship are also likely relationship property despite being in the name of only one of the parties. Taonga and heirlooms, as well as chattels used wholly or principally for business purposes, are excluded from the definition of family chattels. This means these items will usually be separate property rather than relationship property, however this is decided on a case-by-case basis. What is separate property? Any property that is not relationship property is separate property. Such property does not need to be divided between the parties to the relationship. Generally, separate property also includes: Property which was acquired by either party whilst they were not in a relationship and that has not been used during the relationship for family purposes; Property acquired out of separate property or any proceeds of sale of separate property; Any increase in value of separate property and any increase in income or gains derived from separate property; Property acquired from a third person by gift, inheritance, or as a beneficiary of a third person’s trust. It is important to keep property acquired by succession, survivorship, gift, or under a third party’s trust separate if you intend it to be separate property. If property can be seen to have been intermingled with relationship property, making it unreasonable or impracticable to regard it as separate property, it will become part of the relationship property pool. How is relationship property divided? While relationship property is generally divided equally between the parties of the relationship, there are limited circumstances where division should occur in unequal proportions. This may be due to economic disparity between the parties because of the effects of the division of functions within the relationship or in extraordinary circumstances that would make equal sharing repugnant to justice – although this is a high threshold to meet. Disclosure In order for your lawyer to advise you on what the full relationship property pool consists of and what your legal entitlements are, a process of disclosure by both parties of all assets, debts and interests must take place. Values will be determined, as well as the status of the item as relationship property or separate property. Following the completion of that process, the division of property can usually then be agreed by way of negotiation. Will we need to go to Court? Most people do not need to resort to the Family Court in order to resolve their relationship property division. It is only if an agreement cannot be reached between you and your former spouse/partner that Court proceedings are needed. Who gets what? You won’t walk away with half of a car so don’t get the chainsaw out. Generally, global division of relationship property can be reached without property needing to be sold – or cut in half. This involves taking into account the total value of the assets being retained by each party, and one global adjustment figure being paid by one party to the other party to ‘equalise’ the overall division so that each party is keeping 50% of the total net value of the relationship property pool. What about the pets? With the classification of pets such as cats and dogs as family chattels, you obviously will not both be able to keep your fur babies. The court has formulated their own way of determining who gets to keep the pet based on the pet’s best interests. This means the court considers things like who takes the best care of the pet, who is able to provide the best home for the pet and the pet’s needs. Independent legal advice Each party must receive independent legal advice as part of entering into a legally binding Separation Agreement. To be valid as a full, final and binding settlement, any agreement must be in writing and signed by both parties after independent legal advice and in the presence of their lawyers. If you find yourself experiencing a break up of a long term relationship, the specialist Family Law team at Holland Beckett can offer you practical and pragmatic advice with care and sensitivity. We have a team of lawyers who are experienced in negotiating and drafting Separation Agreements, or taking matters to court if needed.