SOAC Taking Trust Board And City Council To Court

Press Statement
Embargoed until 12 midnight on Friday 27 November 2009

Save Our Arts Centre Taking Trust Board And City Council To Court

Save Our Arts Centre today announced that it is challenging the Arts Centre Trust Board's involvement in the controversial Music School proposal in the High Court. It is also legally challenging the Christchurch City Council on two specific matters, in the same proceeding.

"We have filed with the High Court, on behalf of Save Our Arts Centre Inc, a legal challenge which goes to the heart of the Music School proposal. The key question is: Does the Arts Centre Trust Board have the power to be involved in the controversial proposed development of a University Music School on Arts Centre land or is it acting "ultra vires" - outside its Trust Deed? It is our opinion, based on legal advice, that the Trust Board is acting "ultra vires"." today said Richard Sinke, Founder and Chair of the Save Our Arts Centre Society Incorporated.

"This is an incredibly important issue, not just for the current controversial proposal, but for the future of the Arts Centre buildings and land. We believe it is a question of deep public interest to resolve this issue - the extent of the powers of the Arts Centre Trust Board.

If the current proposal fails the Resource Management process, then Christchurch citizens will no doubt face the prospect of a further succession of similar proposals. There have been three in the past, which got to various stages of development before being stopped. The only way for certainty, one way or the other, for everyone, is to have the matter tested in the High Court.

This decision has not been taken lightly. It costs a great deal of money to take such High Court actions, which Save Our Arts Centre, as a recently formed incorporated society has now committed itself to raise. It is difficult to run a case like this for less than $80,000.

This legal challenge to the Arts Centre Trust Board is based on requiring an order from the Court that some changes to the Trust Deed since 1993 should be set aside and that the Trust Board should, as a consequence, be stopped from any involvement in the Music School proposal, including providing car parks for the City Council and entering into any lease arrangements for 200 years.

Save Our Arts Centre is also, in the same proceeding, challenging two aspects of Christchurch City Council involvement in the Music School proposal. We are seeking an order requiring it to hold hearings for a subdivision application and an additional car-park application at the same time as the Music School hearing because all of these matters are closely interrelated. We are also claiming that the Council decision to fund the project was invalid because of pre-determination and because the Council took into account irrelevant considerations yet failed to have regard to other relevant considerations. We ask that the decision be set aside and reconsidered in accordance with the provisions of the Local Government Act 2002.

Finally, we are seeking an interim injunction to prevent the Resource Consent hearing going ahead before these legal issues surrounding the Trust Deed have been clarified. " said Mr Sinke.

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