26 Jul 2013
THE GREAT CHRISTCHURCH BUILDINGS TRUST V CHURCH PROPERTY TRUSTEES CA57/2013 [2013] NZCA 331
- Citation
- [2013] 3 NZLR 597
- Court
- Court of Appeal
The trust instruments establish a trust for the erection and maintenance of a cathedral on the Cathedral Square site, not an indefeasible trust in the specific pre‑earthquake fabric; therefore the Church Property Trustees may deconstruct a severely damaged building provided their decision is taken with the bona fide intention to ensure a cathedral is rebuilt on the same site; the CPT Acts do not prohibit such deconstruction and Schedule 1 powers support redevelopment; appeal dismissed and High Court orders confirmed.