Lawyer disappears, client chasing money
Neshia Holdaway found guilty of three charges amounting to misconduct, blasted for ‘flagrant and gross’ failures
An Auckland lawyer found guilty of professional misconduct has allegedly gone to ground, accused of refusing to release $600,000 to a former client who wanted to use the money to build her retirement home.
Neshia Holdaway, who cannot be found or contacted by the client or the Weekend Herald, also appears to have formerly owned a home the client thought was owned by their family trust.
Holdaway, director of Norwest City Law in Waimauku, was found guilty of three charges amounting to misconduct after appearing before the Lawyers and Conveyancers Disciplinary Tribunal in August.
Tribunal deputy chair John Adams took aim at her disengagement from her governing body after she refused to comply with requests from the Auckland Standards Committee following complaints.
“Whether her disengagement arises from arrogance or from some other reason, we are uncertain,” Adams said. “We find the magnitude of her failures were flagrant and gross.”
Holdaway blamed a series of health issues, including concussion and chronic pain, for her disengagement with the tribunal and the Standards Committee.
But Adams said no good evidence was presented to support these claims. A doctor’s letter “contained no substance” and the tribunal gave it no weight as evidence.
She was accused of failing to promptly pay the proceeds of farm sales and not completing clients’ instructions.
Now Waimauku real estate agent Astrid Van de Geer has come forward, saying she took a complaint to the Law Society this year alleging Holdaway refused to release funds Van de Geer’s aunt held in the trust.
Her aunt, who did not want to be identified, wanted to use the money, amounting to over $600,000, to build her retirement home on Māori land in the Bay of Islands.
After a heated meeting in June, where Van de Geer claims Holdaway demanded she leave and swore at her, her aunt and her new lawyers allege they have repeatedly tried and failed to make contact with Holdaway and obtain her money and her files.
Holdaway has not responded to requests for comment on Van De Geer’s allegations or the tribunal’s findings via emails and phone calls.
The Weekend Herald has also made multiple visits to Holdaway’s office in the Waimauku Village Centre mall over the past fortnight seeking comment.
Each time the office appeared unattended and no one came to the door. Neighbouring businesses said they could not recall seeing her for several days at least.
Van de Geer’s aunt’s saga began a decade ago, when a trust was established to protect her home in West Auckland.
Holdaway, along with the aunt, is a trustee. Van de Geer alleges Holdaway convinced her aunt that she should be named on the trust along with the aunt, and to leave her husband’s name off the trust.
The West Auckland home was sold in 2020 and Van de Geer alleges Holdaway suggested the funds be invested to earn interest while the aunt arranged for a building contract to construct a home at the family’s land in Matauri Bay, where they planned to retire.
The aunt signed a building contract this year and wanted to provide proof of funds to the construction company and arrange for the deposit to be transferred.
“When she tried to get the funds released, Neshia said ‘you’re not going to build up there’,” Van de Geer said.
Holdaway proved difficult to reach but, after numerous attempts, they managed to arrange a meeting at her office, Van de Geer said.
The lawyer was unhappy when Van de Geer attended as a support person, with her aunt’s consent, she said.
“She looked me up and down and said ‘what the hell are you doing here?’,” Van de Geer said.
“She was very, very aggressive.” Van de Geer alleged Holdaway claimed: “She can’t build up there because her family will steal her money”.
“She became quite aggressive and literally told me to f *** off.”
Her aunt became upset at the meeting and said she no longer wanted Holdaway to be her lawyer, Van de Geer said.
The aunt also said she wanted to wind up the trust, or at least change its management, but Holdaway allegedly told her she would have to go to court to do so.
Her aunt enlisted new lawyers but they too have been unable to obtain the files or reach Holdaway — a similar experience to other clients who have tried to remove Holdaway as their lawyer, according to the tribunal’s decision.
Van De Geer said they had recently discovered that the West Auckland property was in fact owned by Norwest City Law Trustee Company, a fact confirmed by the Herald via property records, not the family trust on which her aunt is a trustee.
The sole director and shareholder of Norwest City Law Trustee Company is Holdaway, Companies Office records show. Her ex-partner is a former director.
Van De Geer said she is now concerned about the fate of the sale proceeds of the West Auckland property and wonders if they ever made it to the family trust. Her aunt said she had not received regular statements for the trust.
Van De Geer has lodged a Law Society complaint on her aunt’s behalf.
At the time of writing, they claim they are yet to receive a response from Holdaway, apart from one instance when Holdaway contacted the aunt months after the complaint was lodged suggesting they hold another trustee meeting.
The Law Society said via a spokesman it was prevented from commenting on details of complaints by provisions in the Lawyers and Conveyancers Act.
Holdaway still held a practising certificate as a barrister and solicitor, issued on July 1 this year, according to the Law Society register.
Following its findings against Holdaway, the tribunal ordered a penalty hearing as soon as possible.