24 Oct 2017
MATAMU v SIʼITIA [2017] NZCA 482
- Citation
- [2017] NZCA 482
- Court
- Court of Appeal
The appellants had, by express statements and conduct (the unauthorised White Sunday service declaring a new church, reading pledges, appointing officers, telling Presbytery representatives they had left, withholding parish levies and establishing alternative services), repudiated their contractual relationship with the Parish; the trial judge's factual findings were open on the evidence and should be afforded deference, therefore the Parish Council's 5 December 2013 resolutions excluding the group were valid.