The
trust owning earthquake-damaged Canterbury Cathedral must build a new cathedral
on the same site using insurance money for the rebuild, the High Court has
ruled. Legal action by concerned
citizens seeking to preserve the city’s historic buildings has blocked plans by
the Anglican church to use insurance money to build a temporary “cardboard
cathedral” offsite.
The Anglican diocese
in Christchurch has been in turmoil since earthquakes in 2010 and 2011 severely
damaged its iconic cathedral. The
building was insured with insurance recoveries of some $39 million expected.
One group, dismayed by
the loss of so many of Christchurch’s historic buildings lobbied to have the
cathedral repaired. The diocesan
hierarchy had other plans. Matters
reached a head when government-appointed Canterbury Earthquake Recovery
Authority (CERA) issued a “make safe” notice.
The diocese was given ten days to bring the cathedral down to a safe
level; failing that CERA would move in and demolish the structure. The diocese resolved to immediately demolish
the cathedral to a safe height of several metres. No firm decision was made on a rebuild, but
indications were that the diocese regarded the insurance proceeds as part of
general church funds to be used as it saw fit.
The High Court was
told the cathedral site was established by a trust in 1851 as part of an
overall plan by colonial settlement company, the Canterbury Association, to
transplant part of England in the new colony.
This trust lives on now as Church Property Trustees.
Justice Chisholm said
the diocese appeared to misunderstand the purpose of the Cathedral trust, which
is to maintain a cathedral on its existing site. The Trust is governed by the Trustee Act. The Act specifies that any insurance money
received must be used for the purposes of the trust only and can be used for
the rebuilding or repair of trust property.
He ruled that the
diocese could not proceed with any decision to use the insurance monies for a
different purpose, adding that while the Cathedral Trust requires there to be a
cathedral on the site, the building does not have to replicate the cathedral as
it stood before the earthquakes.
Great
Christchurch Buildings Trust v. Church Property Trustees – High Court
(15.11.12)
12.038