The Great Christchurch Buildings Trust v Church Property Trustees and  Chief Executive Officer of the Canterbury Earthquake Recovery Authority. - SC 83/2013

Summary

Civil Appeal – Trust law – Whether the Court of Appeal erred in concluding that the terms of the trust arising from the public subscription of funds for the erection of Christchurch Cathedral were irrelevant to determining the current obligations of the trustees or terms of the trust, and that the terms of the Cathedral Trust are to be found exclusively in the Provincial Ordinances authorising transfer of the land for the establishment of Christchurch Cathedral – Whether the Court of Appeal erred in finding that the terms of the Cathedral Trust allow the trustees to decide to demolish or deconstruct Christchurch Cathedral and do not require the trustees to maintain the existence of the Cathedral or repair it in order that it can continue to operate – Whether the Court of Appeal erred in finding that the first respondent was free to demolish or deconstruct Christchurch Cathedral notwithstanding the terms of the Anglican (Diocese of Christchurch) Church Property Trust Act 2003 and its preceding legislation. [2013] NZCA 331   CA 57/2013

Additional Information

Application for leave to appeal dismissed.

Costs to the first respondent $2,500.

2 December