Matamu v Si'itia

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.