Auckland Baptist Tabernacle Trust Board

[2025] NZHC 1257

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2025-404-1081

[2025] NZHC 1257

UNDER

The Auckland Baptist Tabernacle Act 1948

AND UNDER

Part 19 of the High Court Rules

IN THE MATTER OF

An application for retrospective approval to purchase the property owned by the Auckland Baptist Tabernacle Trust Board at

111 Karangahape Road, Newton, Auckland and approval to sell the same property

Hearing:	On the papers
Judgment:	21 May 2025

JUDGMENT OF HARVEY J

This judgment is delivered by me on 21 May 2025 at 4 pm pursuant to r 11.5 of the High Court Rules.

…………………………………………….

Deputy Registrar

Solicitors:
Dentons, Auckland           (J McMillan)

Re Auckland Baptist Tabernacle Trust Board [2025] NZHC 1257 [21 May 2025]

Introduction

[1]    By application dated 14 May 2025, the Auckland Baptist Tabernacle Trust Board seeks orders that this proceeding be commenced by way of originating application and that it be considered in chambers. This is because the Board has entered into a conditional sale agreement for property it owns for $2.3 million to Andrew Davies and has a deadline of 4 June 2025 to secure consent to the sale.

[2]Under the Board’s governing legislation, this Court must consent to the sale.

Submissions

[3]The grounds in support of the application are:

(a)the Board is properly constituted by legislation, namely the Auckland Baptist Tabernacle Act 1948 (the Act). Under that legislation the Board may only buy or sell land with the Court’s consent;

(b)in 2000, the Board purchased 111 Karangahape Road, Auckland. It has now entered into a conditional agreement for its sale. Retrospective approval for the purchase as well as consent to sell is now required;

(c)clause 25(1) of Schedule 3 to the Act provides that where the Board wishes to exercise any power requiring the Court’s consent, it may do so “in a summary way” which the Board interprets as meaning by originating application;

(d)The Board has been given permission previously, in re The Auckland Baptist Tabernacle Trust Board;1 in re The Auckland Baptist Tabernacle Trust Board2 and re The Auckland Baptist Tabernacle Trust Board;3

1     re: The Auckland Baptist Tabernacle Trust Board HC Auckland, M2/03, 31 March 2003 Chambers J.

2     re The Auckland Baptist Tabernacle Trust Board HC Auckland, CIV-2997-404-5956, 12 November 2007, Andrews J.

3     re The Auckland Baptist Tabernacle Trust Board HC Auckland, CIV-2016-404-0024, 22 January 2016, Toogood J.

(e)the legislation also provides that unless required by the Court, the Board need not serve notice of any application on any other person but the Court may require the Church and the Baptist Union of New Zealand and any other person or persons to be represented; and

(f)the Board faces a deadline of 4 June 2025 to obtain consent to the sale and thereby fulfilling a condition of the agreement for sale and purchase.

[4]    In support of the application an affidavit has been filed by Glenn Lindsay Teal sworn on 29 April 2025, which includes letters of support from the Church and the Baptist Union of New Zealand.

Discussion

[5]    I have now considered the three previous cases cited by counsel where the Court has provided its consent in similar circumstances along with the accompanying memorandum of counsel and Mr Teal’s affidavit. I am satisfied that the proposed sale is sensible and consistent with the Board’s objectives. I am also satisfied that no other party is affected.

Decision

[6]The following orders are now issued:

(a)The Board shall have leave to commence this application by an originating application pursuant to Part 19 of the High Court Rules.

(b)Pursuant to rule 15 of the Third Schedule to the Act, the Court consents to the sale of the Board’s building on 111 Karangahape Road, as detailed in the agreement for sale and purchase dated 6 March 2025.

Harvey J