Synod of the Presbyterian Church of Otago and Southland

[2020] NZHC 2615

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

DAAC 21279, D349/305, DAAC 21280, D349/305, DAAC/D140, D256, D349, DAFG/9329/D369, DAAA/D2 and D339

[2020] NZHC 2615

UNDER

the Senior Courts (Access to Court Documents Rules) 2017

IN THE MATTER

of Deacons’ Courts

BETWEEN

SYNOD OF THE PRESBYTERIAN CHURCH OF OTAGO AND

SOUTHLAND, AND OTAGO FOUNDATION TRUST BOARD

Applicants

Counsel:	F B Barton for Applicants
Judgment:	6 October 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 6 October 2020 at 3.00pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 6 October 2020

SYNOD OF THE PRESBYTERIAN CHURCH OF OTAGO AND SOUTHLAND EX PARTE DEACONS’ COURTS [2020] NZHC 2615 [6 OCTOBER 2020]

[1]    Mr Frazer Barton, as solicitor instructed for the Synod of the Presbyterian Church of Otago and Southland, and the Otago Foundation Trust Board, has applied for leave of the Court to search records held by Archives NZ relating to Deacons’ Courts of the Presbyterian Church.

[2]    Mr Barton advises he has visited Archives NZ and has located and read the High Court Register which dates from 1876 to 1908 covering the Deacons’ Courts incorporated at that time. He notes there are some 51 Churches in that list. He believes there will be further Deacons’ Courts incorporated after 1908 and up until perhaps the last 40-50 years, meaning that leave of the Court is required to inspect those records. Mr Barton comments that he considers it is curious these records have been incorporated into the High Court Registry, nonetheless that is the case.

[3]    Mr Barton explains a Deacons’ Court is the governing and property-owning body in a Presbyterian Church congregation. His clients wish to confirm the status of those property-owning bodies, and to regularise both the status of those bodies and any issues arising as a result of Mr Barton’s inquiries. In short, it is the objective of Mr Barton’s clients that the overall situation in Otago and Southland, in respect of the Deacon’s Courts, be tidied up. As an example, Mr Barton notes many of the 51 incorporated Deacons’ Courts that existed as at 1908 concern congregations that no longer exist and their property will have been disposed of. However, it is unlikely there was a cancellation of the incorporation in the High Court Registry as required by ss 41-44 of the Otago Foundation Trust Board Act 1992.

[4]    I am satisfied Mr Barton’s clients have a proper interest in carrying out the research and review identified by Mr Barton. As a Deacons’ Court is akin to a trustee, I see no privacy issues arising from Mr Barton’s request, nor the need to serve this application on any party – indeed until Mr Barton’s research is carried out, it would be unclear who would need to be served.

[5]    Accordingly, leave is granted for the applicants to inspect the documents held by Archives NZ relating to Deacons’ Courts of the Presbyterian Church in the Otago and Southland areas.

Associate Judge Lester

Solicitors:
Anderson Lloyd, Dunedin