KAISA & ORS AND ANOR V SCANLAN AND ORS HC AK CIV 2003-404-7106

KAISA & ORS AND ANOR V SCANLAN AND ORS HC AK CIV 2003-404-7106

The court will vary the interim orders as agreed between parties where the opposing group's objection does not justify refusal, particularly where that group will not be worshipping at the premises in the foreseeable future; the agreed replacement of pastors (Matafale Lesa and Thomas Fusi Knowles) was lawful and appropriate and the existing order was substituted accordingly.

Citation
openlaw-a92981e0_e965_4f47_a490_3d0bfd4de4f2.pdf
Parties
First Plaintiffs: Pastor Tasi Kaisa & Ors; Second Plaintiffs: Pastors Penani Si'ulepa and Tuala Perry Young; First Defendant: Oselise Falefata Scanlan; Second Defendant: Susana Scanlan; Fourth Defendants: Itele Peterson & Ors
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2007
Procedural Posture
Civil Dispute Concerning Control and Use of Church Premises / Interim Application to Vary Existing Interim Orders (case Management Stage)
Outcome
Existing order in para [17](c) of Minute No 7 (8 June 2006) vacated and substituted; para [17](f) amended; other orders confirmed as varied in December 2006; no order for costs; matter adjourned to case management conference after 1 April 2008.
Legal Topics
Interim Orders, Variation of Interlocutory Orders, Appointment of Church Ministers, Access to Premises, Mediation
Civil Procedure Religious Institutions Law Equity Case Management Interim Orders Variation of Interlocutory Orders Appointment of Church Ministers Access to Premises +1 more

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Parties

Pastor Tasi Kaisa & Ors

First Plaintiffs

Pastors Penani Si'ulepa and Tuala Perry Young

Second Plaintiffs

Oselise Falefata Scanlan

First Defendant

Susana Scanlan

Second Defendant

Itele Peterson & Ors

Fourth Defendants

Procedural Posture

Civil Dispute Concerning Control and Use of Church Premises / Interim Application to Vary Existing Interim Orders (case Management Stage)

Legal Issues

  1. 1 Whether the court should vary existing interim orders governing who may conduct services at the Barrack Road church premises
  2. 2 Whether opposition by a subset of congregation members justifies refusing an agreed variation
  3. 3 Whether the court should bar all parties from conducting services as a last resort

Ratio Decidendi

The court will vary the interim orders as agreed between parties where the opposing group's objection does not justify refusal, particularly where that group will not be worshipping at the premises in the foreseeable future; the agreed replacement of pastors (Matafale Lesa and Thomas Fusi Knowles) was lawful and appropriate and the existing order was substituted accordingly.

Court Disposition

Existing order in para [17](c) of Minute No 7 (8 June 2006) vacated and substituted; para [17](f) amended; other orders confirmed as varied in December 2006; no order for costs; matter adjourned to case management conference after 1 April 2008.

Orders

  • Paragraph [17](c) of Minute No 7 of 8 June 2006 vacated and substituted: All services and prayer meetings for the first, second and fourth defendants and those associated with them shall be conducted by (i) Pastor Matafale Lesa as overseeing pastor, and (ii) Thomas Fusi Knowles as assistant pastor.
  • Paragraph [17](f) of Minute No 7 amended so that the reference to Afa Taito Junior is replaced by a reference to "Pastor Matafale Lesa or Thomas Fusi Knowles" as approved pastors of the Congregation associated with the first, second and fourth defendants.