Matamu v Si'itia - [2014] NZHC 34

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-000170 [2014] NZHC 34

BETWEEN TUA'IMALO MATAMU, TALAOALI'I NASERI, MALIELEGAOI AUMUA, SAENI PITA and TOFIA TOFA Applicants

ANDVA'AIMALU SI'ITIA, MARY McEWING, REVEREND ALISA LASI, REVEREND ROY CHRISTIAN, FORBES WORN and SALAPO RAPITI TUA
First Respondents
THE PRESBYTERIAN CHURCH PROPERTY TRUSTEES
Second Respondents

Hearing: On the papers

Judgment: 31 January 2014

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 31 January 2014 at 4.45 pm
pursuant to R 11.5 of the High Court Rules

Registrar / Deputy Registrar

Date……………………….

MATAMU & ORS v SI'ITIA & ORS [2014] NZHC 34 [31 January 2014]

[1] The Avondale Union Parish (AUP) is a cooperative venture between the Methodist Church and the Presbyterian Church of Aotearoa New Zealand. The first respondents are representatives of the AUP. Two groups worship within the AUP. These are the Pacific Island Church Avondale (PIC Avondale) and the Methodist congregation. PIC Avondale has operated as part of AUP since 1979. It has contributed capital, donations and tithing. The applicants are representatives of over
300 members of PIC Avondale.

[2] The AUP occupies properties at 49-55 Rosebank Road, Avondale and 212

Rosebank Road, Avondale. The properties are owned by the Presbyterian Church Property Trustees, a statutory trust established under the Presbyterian Church Property Act 1885. The trustees are the second respondents.

[3] The properties are used by both congregations for their separate church services and other church-related activities. The Parish Council has the day-to-day running of the church and church property. It comprises two ministers from each congregation, the secretary of the Parish Council, the treasurer of PIC Avondale, five members of PIC Avondale and five members from the Methodist Congregation.

[4] The second named applicant, Talaoali’i Naseri, is the treasurer of PIC Avondale. In her affidavit 31 January 2014 she has described a dispute arising between the two congregations, the origins of which seem to lie in the termination of employment of the PIC Avondale minister, Reverend Asor Amosa. That led to PIC Avondale considering a dissolution of the AUP in accordance with the Procedures for Co-operative Ventures approved by (amongst others) the Presbyterian Church of Aotearoa New Zealand.

[5] PIC Avondale’s solicitors wrote to the Presbyterian Church of Aotearoa New Zealand advising that it wished to seek a dissolution of the cooperative venture and to enter into a joint use agreement for the use of the church buildings and assets, to which its members had contributed over many years. However, the agreed procedures were not implemented. Instead, the Parish Council held a meeting on 5
December 2013. The PIC Avondale members were not notified of the meeting. Two motions were passed, one of which was that:

[6] That the Council of the Avondale Union Parish will not allow the future use of their premises by the separating Samoan group.

[7] The locks on the church premises were changed. Although arrangements were made for access to the premises for Christmas services and concerts no progress has been…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Matamu v Si'itia

Details

AGLC: Matamu v Si'itia [2014] NZHC 34
Case: [2014] NZHC 34
Decision Date: 31 January 2014

CaseChat Overview and Summary

The applicants, representing over 300 members of the Pacific Island Church Avondale (PIC Avondale), have initiated proceedings against the representatives of the Avondale Union Parish (AUP) and the Presbyterian Church Property Trustees, seeking interim relief to access church property for their services and activities. The AUP is a cooperative venture between the Methodist Church and the Presbyterian Church of Aotearoa New Zealand, and the dispute arises from the termination of the PIC Avondale minister's employment and subsequent efforts to dissolve the cooperative venture. The applicants argue they have a beneficial interest in the church property based on their financial contributions over many years.

The court was required to determine whether the applicants had demonstrated a serious issue to be tried and whether the balance of convenience favoured granting the interim relief sought. The court found that the evidence supported a serious issue regarding the management of the property, the proper procedure for the dissolution of the AUP, and the accounting to PIC Avondale for its contributions. Additionally, the court concluded that the balance of convenience favoured the applicants, considering their sustained efforts to resolve the issue and the impracticality of finding alternative accommodation for their church activities.

The court granted the interim relief sought by the applicants, allowing them access to the church property at 49-55 Rosebank Road, Avondale for their church services and activities on specified days and times, and provision of keys to the premises. The matter will be listed in the duty judge list for further directions. The applicants have provided an undertaking as to damages, confirming they represent 306 members of PIC Avondale and are authorised to give the undertaking.

Orders