Home truths

Jason Bywater-Lutman  and Thomas Refoy-Butler from Mackenzie Elvin Law

explain the legal considerations around home renos.

Interview Nicky Adams Photos supplied

Q: I’m thinking about renovations to my property. What are the risk areas I should be aware of?

Renovating your home can be both exciting and terrifying. What you don’t need is the added stress of legalities when things go wrong. Read on to find out about new home building laws and how to navigate and prevent problems with future renos.

JASON: Construction can be seen as scary, but there are lots of standard form contracts available, including a basic construction contract released by NZ Standards. The first step is to talk to your builder, get the plans and a quote, then come and see a solicitor to talk through the contract. 

THOMAS: It doesn’t have to be a substantial engagement; we can just highlight some of the risk areas, which will give you peace of mind.

JASON: Standard contracts published by the government are designed to make sure the builder gets paid regularly. You need to be conscious that the builder is entitled to get paid regardless of how bad the job.

THOMAS: The onus has shifted on to the homeowner to articulate the grounds on which they’re not prepared to pay for work they’re not happy with. If that’s not communicated in the right way, the payment plan is deemed valid and enforceable as a debt due.

JASON: If a problem arises with the build, then a ‘handshake deal’ that it will be fixed doesn’t cut it under the construction contracts act. When you haven’t got it in writing, in accordance with the act, then you’re not able to withhold payment. And if you’re spending more than $30,000 on renovations, the contract is required to be in writing, so you should be getting that before paying any money over. 

THOMAS: At the conceptual phase, when you’re looking at plans and engaging with a designer, talk to your builder about your wish list – if you can find a circle pairing between designer and builder, that’s key. When they can work harmoniously, the job runs in a far more streamlined, cost-effective manner.

JASON: Focus on quality communication – if changes crop up, the best thing for a builder is to have the conversation with the client and reduce it to writing so it’s understood that there’s a variation from the fixed price contract. It’s important to communicate effectively. The builder should confirm in writing to the client, and record site meetings. Keep a record so there is a nice contemporaneous note of the meeting to provide to the client. Ninety percent of legal problems are caused by poor communication. If people know what to expect, they’re going to be happy to pay.

THOMAS: Considerations for a renovation are understanding the difference between a labour-only contract and a fixed-price contract, as well as what a prime cost sum is – and a provisional cost sum. Remember that price variations may arise. Also clarify who has responsibility for insuring the work? There is an obligation on the homeowner for renovations under $100,000 to have a contract works insurance policy (your house and contents insurance won’t cover this). When over $100,000 it’s generally the responsibility of the builder. 

JASON: The builder does want to do a good job. It’s about the client having reasonable expectations and the builder communicating clearly with clients so they understand what they’re getting into.

mackenzie-elvin.com

People are everything to Mackenzie Elvin Law

WORDS NICKY ADAMS PHOTOS WAYNE TAIT + SUPPLIED

As a company that believes in being accessible to its clientele and grounded in its approach to law, Mackenzie Elvin Law has carved out a niche that certainly sets itself apart.

Founded in the early 1980s by Fiona Mackenzie, husband Graeme Elvin, and good friend and long- term business partner Marcus Wilkins, from the outset all three valued long-term relationships, recognising the value of interconnectedness with their clients. They didn’t believe in the model of just selling legal services for a fee. Despite exceptional reputations in their field – or perhaps because of them – the solid three chose to remain tight-knit.

However, the last few years have seen a need to grow to meet demand, and as a result the business has expanded from the original three partners to seven, and a team of 30-plus staff. Nevertheless, the same core values that the firm was based on have remained at the heart. Chatting with two of the partners, Rebecca Savage and Tom Elvin, what becomes very clear is that from their perspective the growth of the firm has been strategic, rather than simply reactionary.

What is also obvious is the wonderful synergy between the colleagues; Rebecca is empathetic and quick to connect with, and is exceptionally smart (she boasts a Masters of Law from the University of Cambridge), experienced and a wonderful communicator. Tom is someone you innately want to helm your ship: Simultaneously focussed and sharp, but still humorous and invested. Both agree that the common thread running through all the partners are the key qualities of competency, capability and cultural fit. Maturing over the last five years or so into a more diverse entity, expansion started with the addition of Tom Elvin.

Having worked in Auckland since he graduated, Tom brought experience in commercial property and construction law in both a corporate environment as well as with a small boutique specialist. Tom could see that within Mackenzie Elvin was “the opportunity and timing to grow and transition from a tightly-held business into a more complex organization which could serve the growing city and beyond.” Being intentional about the company’s transformation has been driven by the pillars; Fiona, Graeme and Marcus, and it has meant a specific controlled and intentional growth. For Rebecca, a chance meeting with Tom in 2018 led to another with Fiona, and straightaway Rebecca knew that she had met her perfect match, even though it meant a change in the scope of law she was practising. “Fiona and I just clicked really well and had such a strong connection.” For Tom this proves the firm’s founding values were continuing on, through the new generation; “Rebecca has admirable attributes, style and competency, and knew that she could have a meaningful and fulfilling career with us.” Clearly the move from litigation to family law is serendipitious for Rebecca; as she reflects on how she loves bringing her compassion and ability to listen to every case.

Thomas Refoy-Butler, a good friend of Tom’s, had – unbeknown to him – been earmarked as the perfect fit for the company. With a high level of experience in civil litigation, a practice area the firm was keen to move into, Tom started the “slow burn” of luring him to Tauranga and into the fold. Sure enough, he moved from Auckland and the already established relationship allows for a dynamic that, says Tom, is “like adopted siblings – you can disagree in a meaningful and effective way and get the best outcome.” Rebecca agrees. “Not only are his legal skills amazing, but there’s a whole pile of personal attributes that give you a lot of confidence.”

Jason Bywater-Lutman is the latest addition to the team of partners, and similarly was identified as someone with unquestionable business acumen. What sets him apart is not just his level of competency and effectiveness in his field of commercial property, but, as Tom notes, the fact that “he holds himself with a very high level of decorum and respect; he fits what we stand for and what we are building.” With the change of pace in what started out as a family firm, now comes a much more intentional commitment to maintaining the original ethos. By treating staff well, the company has employees that have been with them for over 30 years. Community ventures have always been strongly supported, spearheaded by Fiona, Graeme and Marcus. Indeed, Fiona and Marcus partnered with the University of Waikato Tauranga Campus to put on the Justice Susan Glazebrook talk, which was both an investment in the University and a way of facilitating discussion about wider legal issues. Community-vested projects are massive for them, as Tom points out: “Working here means that you’re part of the community that you’re living in. If you need to do that in work time, we make space for it.”

Ultimately, the culture and the professional fit are important because they allow Mackenzie Elvin Law to achieve its central purpose – which is the service it provides. How the company sets itself apart remains the same as ever: Accessibility. Tom is clear: “We make sure that every new client is seen first by one of our decision makers; a partner. We want to understand exactly what you are going through, and how we can help.”

MACKENZIE-ELVIN.COM

Getting it right

Holland Beckett Law’s new partner Christie Goodspeed tells why she became a lawyer, and what family means to the firm.

WORDS DANIEL DUNKLEY / PHOTOS BRYDIE THOMPSON

Christie Goodspeed opens the door to her Omokoroa home mid-conversation, with a phone pressed to her ear and her seven- and five-year-old daughters in tow, and is immediately joined by a boisterous German schnauzer and a fluffy ragdoll cat. The hectic scene offers a glimpse into the busy life of one of the newest partners at Holland Beckett Law (affectionately known as Hobec), the Bay of Plenty’s biggest law firm.

Christie smiles and takes a breath before sitting down to talk about her role at the firm known for its prowess with commercial clients. She may be leading a full life, but her surroundings hint at the meticulous planning of a top lawyer. Christie organised every detail of her family’s modern home, plotting the house from start to finish and overseeing its development from floorplan to family dwelling. Yet interior design, art and landscaping are only her part-time hobbies – in May, she was made partner at Holland Beckett, and now leads its employment and family law teams.

For Christie, Omokoroa is the perfect place for her family to call home. With idyllic views overlooking the water and a lush tropical garden, their property connects to a scenic walk leading to the children’s school. Her husband Nick, an IT technical consultant, works from home two days a week to help the pair strike the right work-life balance amid the rigours of their professions and parenting.“We’re certainly very lucky,” says Christie. “I come to work happy every day.”

Born in Hamilton, Christie decided she wanted to be a lawyer at the age of 10. She says she was attracted to the profession after watching an episode of TV show LA Law. “I liked the rough and tumble of the court litigation,” she says. “It takes a certain type of person to become a litigator – someone who likes to argue. You’ll have to ask my husband!”

She studied law at university alongside psychology, a decision that has proven useful in her work in the delicate and often emotional field of family law. “With family law and employment, it’s all about personal relationships. My psychology background is helpful, particularly when I’m dealing with separation, division of property and issues involving children.”

Christie’s journey to joining Holland Beckett in 2016 began with jobs at New Zealand firms Tompkins Wake and Buddle Findlay, and advisory firm PwC in Sydney. After becoming parents to Lily (7), Sophie (5) and Callum (3), she and Nick moved back to New Zealand.

Holland Beckett has offices in Tauranga, Rotorua, Whakatane and Opotiki. The full-service firm employs lawyers who specialise in property, estate planning, corporate and financial transactions, environmental and resource management, employment, dispute resolution, health and safety, and family and Māori law matters.

When it comes to employment law, Christie covers all areas. She says she likes to help employers problem-solve and “get it right” with their employees. On the family law side of things, she specialises in complex relationship-property cases, in which assets need to
be divided at the beginning or end of a relationship. In particular, she excels at cases involving companies and trusts. Holland Beckett is able to utilise the skills of a large commercial operation to solve difficult issues. “We help people define how they want to manage their assets going forward, and what they want to keep separate,” says Christie.

Christie’s demanding profession puts her at the centre of the Bay of Plenty’s commercial and family life. She has volunteered for Women’s Refuge and spoken publicly about racial-, gender- and sexual orientation-based discrimination. She says it can be difficult for lawyers to not to bring work problems home. “Our role is inherently being involved in conflict. You have to be able to take a step back and look at these issues with objective eyes, and that makes you a better advocate for your client.”

You might say the Bay of Plenty’s unique beauty and relaxed lifestyle provide the perfect backdrop for a family law firm. Many of Holland Beckett’s lawyers have moved here from Auckland or further afield to enjoy all the area has to offer. “Many of the partners have big-city experience or have come back after living overseas,” says Christie. They’ve chosen to be here because they want to raise their families here, and that’s a great thing. We’re a big firm with a high calibre of clients, but there’s a real sense of collegiality between everyone. The culture of the firm is important to us.”

So what makes Holland Beckett stand out from its rivals? Talking to Christie, it’s clear her employer practices what it preaches when it comes to looking after families. She was offered flexible working hours when she joined, which has allowed her to pursue her career goals without sacrificing her personal life.

She says the firm understands the importance of family. “They were so receptive to that. It certainly hasn’t stood in the way of me becoming a partner, which is fantastic. People have been promoted on parental leave, and that’s just unheard of. We have a really supportive team environment, and we all work well together. We just want to get on with it and get the best outcome for our clients.”

Christie looks outside, turning her attention to the garden. If her pristine property is anything to go by, this lawyer’s clients are in safe hands.

hobec.co.nz

Top of her game

WORDS JENNY RUDD PHOTOS TRACIE HEASMAN

A PLAN TO START A FAMILY AND GET TO THE TOP OF HER GAME PROFESSIONALLY SEES MARY HILL BECOME THE NEWEST PARTNER AT TAURANGA LAW FIRM, COONEY LEES MORGAN, SUPPORTED BY HUSBAND MATT AND SONS LUCA AND MITCH.

It’s not the first time Mary has been offered the position. Eight years ago, she was taken out for a coffee with then partner, Paul Cooney. “Paul knew that Matt and I had been going through IVF to try and start a family. He was very supportive. That morning, Paul asked me if I’d like to become partner, and I said, ‘I have some news to share with you too!’

“Although I knew Cooney Lees Morgan would have been happy for me to be a partner while I had babies, I felt that it was a special family time. I also knew that if I wanted to make partner in the future, then I would. There were people who told me I was crazy to let the opportunity go, and that it wouldn’t come round again. But my feeling was, if I wanted to make it happen then it would. I felt relaxed about waiting, and had faith in Cooney’s. I had seen that they treat people really well. When it comes to looking after their staff, and in particular mums, they always think long-term. I’m in a good place right now – the kids are happy, the youngest has been at school for a year, we have built a new home. Now feels like the right time to become a partner.”

MAKING THE MOVE

It was that desire to have a family, and to work in an environment where Mary could succeed whilst raising children, which drew the couple to Cooney Lees Morgan. “I had been working in competition law, doing high court negotiations in Auckland. Matt was working for Mercury Energy in a corporate role. Matt and I are both from Auckland, and it never occurred to me that we’d live anywhere else. But even then, 13 years ago, it felt busy and big. We started to look at places like Nelson, Hawke’s Bay and Tauranga.”

A connection to Sally Powdrell, chairperson of partners at the firm, convinced Mary to make the move. “I was offered a role in resource management – quite different from the competition law I’d been practising. But there were three big clinchers for me. One was Sally; she’s just amazing. She’d been made partner in her twenties, and although her children are now young adults, she was able to work part-time while they were teenagers, when she felt they needed her most. The second was that I could see the firm were driven to support community initiatives and play a role in building the community. The third was that they seemed to be a very happy group of lawyers. That’s a good sign when you are looking at committing to a firm! So, Matt and I made the move.”

“We had been living on Franklin Road in Ponsonby. We loved it, apart from at Christmas when we had to buy a load of cheap lights to stop our neighbours being angry with us. Every day another bulb went. By the end of the holiday, we were a pretty sorry sight. We could see people pointing and laughing at our efforts as they walked past!”

NEW GIRL

Mary is a ‘take-the-bull-by-the-horns’ kind of girl, which is lucky. She needed to learn, not only the different ways of doing things at her new firm, but also another area of law. “Paul Cooney had never had a junior before, but he turned out to be a brilliant mentor. He took me to every single meeting and upskilled me. There was all this new information to absorb. About a month into it, there was a hearing, and he chucked me straight into it! But I felt really supported, and so just got stuck in and had a go. It’s the way I approach most things.

“I was getting practical experience too: more so than with a big firm. I enjoyed being a junior to two QCs because I was able to go to the Court of Appeal and watch and learn about that side of things. In Auckland, I hadn’t run my own trials, but now I have four to six hearings a year. There have been two already this year. I had a three-week hearing when Luca, my eldest, was six weeks old. I presented my client’s case for four days, then a member from my team sat through the rest of the hearing. Good communication amongst my team meant we gave our client the best possible service.”

Most of the partners are from Auckland or Wellington. I ask Mary if she misses the big smoke, but she shakes her head. “We love it here, and the kids are thriving. In every way, it’s exceeded our expectations. I wanted to be able to make a life here and still be in litigation. Hearings are ‘full on’, and you need to be on your game to respond to everything that is thrown at you. Otherwise you end up looking like an idiot. In Auckland, there’s no way I could have had a family life with Matt and the children, and prepared properly for hearings. It would have been logistically impossible. Here in the Bay, our hearings are at the Twin Towers in The Mount: really close to my house! I can have a coffee at Slowfish, spend the morning at the hearing, take my client out for lunch, head back in, then go for a run around the Mount afterwards. It is infinitely better than battling through a sticky and swelling city to do the same job.”

PRESENTEEISM

It’s hard to believe the extent to which Mary’s firm make it possible for the parents to work around raising children. Old, established law firms aren’t renowned for making concessions like that, but it’s deep in Cooney’s culture to be supportive of their staff. “When my children were tiny, I was able to work two days a week for a couple of years. That’s virtually unheard of in our industry. I was still running hearings, my RMA practice and negotiating, and Cooney’s were happy to make it work. I shared a nanny with a colleague. If we had to go to a meeting together, which was not unusual, the nanny would look after all the children.”

“Recently I was up in Auckland at a conference with a group of young lawyers. They talked about the prevalence of ‘presenteeism’ at work. It’s the show of being constantly present and available at work, even if there isn’t anything to do. We discussed how damaging that culture is. It doesn’t get the best out of lawyers, so ultimately doesn’t do the best for the clients. It’s such an antiquated way of working, and one that we really don’t support.”

EXPECTATIONS

This culture of open-minded trust has a real effect on the work produced. “We are a pragmatic bunch. We’d much rather pick up the phone and have a quick chat than send out a waffly five-page letter. Because of that, we have built a good reputation both as a legal practice and employer. We have some big clients, like Zespri, Milford Asset Management, and Norske Skog Tasman, who like the way we work and choose us over the big city legal firms from Auckland or Wellington.”

THE JUGGLE

Mary is a bit of a superwoman. I asked her how a normal day looks: it can’t be easy having two small children and being at the top of your game professionally. She is incredibly fit and likes to do sunrise yoga then go for a run. If she has extra work on because of a hearing, it’s all done early in the morning. “Then it means I can do the school run. That’s my time to see how my boys are doing, and chat to the teachers. I usually get to work around 9.30 am, which is also good as I miss the traffic over the bridge. By the time I get home in the early evening to relieve the nanny, I’m done. Evenings are for Netflix!”

Mary’s favourite spots

Dinner: Burger Fuel, then Pilot Bay with Matt and the children

Glass of wine: On my new deck!

Clothes: I always shop at The Mount – Sisters & Co, Wallis, and North Beach

Run: The Rotorua lakes

Downtime: I belong to a cool book club, where we do anything apart from read books. We go for walks, have cooking lessons, and do anything else we can think of!