Auckland Anglican Synod backs further talks amid Pt Chevalier sports club land dispute

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The site supports about 1200 bowls, croquet and tennis members, as well as community activities including a garden used by a local school.

The Anglican Trust for Women and Children (ATWC) has taken the Hallyburton Johnstone Sports Club to the High Court, claiming it is the rightful owner of the Dignan St land.

Its claim relies on a trust deed dating back almost 100 years and centres on whether arrangements made in 1928 were legally valid.

The sports club disputes the claim and argues the land was gifted for community recreation.

The battle has sparked fears among some locals the land could eventually be redeveloped for housing, although the trust’s court action is over ownership of the property rather than any redevelopment proposal.

Anglican leader Fa’Afuhia Fia moved a motion today affirming that the Anglican mission included “reconciliation, pastoral care, service to the community, mercy, justice, and the protection of relationships of trust”.

The motion expressed hope that the ATWC and Hallyburton Johnstone Sports Club would continue looking for a way to resolve their dispute outside the courts.

It asked for the resolution to be passed on to the trust as a non-binding expression of the Synod’s “pastoral interest in and commitment to reconciliation”.

The motion did not take a position on the merits of the High Court proceedings or direct the trust to end its legal action.

Point Chevalier Bowls Club president Simon Munro said he left Friday’s Synod meeting “slightly deflated”.

While the outcome fell short of what the club had hoped for, Munro said it was significant the motion was debated and passed.

“It was just good to actually have our motion heard,” he said.

Munro said supporters had wanted a stronger outcome but were pleased the issue had been put before the wider church rather than deferred until next year.

Munro said an ATWC trustee spoke against the original motion and defended the trust’s need to carry out its duties.

He said there had also been attempts not to table the issue until next year, making him relieved a motion was passed and the dispute remained on the Synod’s agenda.

He said the club would continue pushing for negotiations with the Anglican trust outside the High Court process.

“We just need to see if they want to get back in touch and start that kind of process again.”

He argued a court victory for the trust would not necessarily end the dispute, particularly if there were subsequent attempts to change the use of the land.

“The community will be up against them, so I think they’ll just encounter even more difficulties, which won’t be good for them and it won’t be good for the church either.”

The club is still waiting for the High Court to set a hearing date.

Munro said indications were that there were significant delays and he would be surprised if the case was heard this year. The club expected it could instead be heard in the first half of next year.

He said the uncertainty and mounting legal costs were difficult for a small community sports club.

“We’ve done some good fundraising, but at the end of the day, it’s still that David versus Goliath battle.”

Munro said the trust had “deep pockets” and could afford lawyers, while the club had to continually find money for its case.

The ATWC was approached for comment on Friday’s Synod meeting.

In an earlier statement about the court action, ATWC public relations spokeswoman Adelle Keely told the Herald the trust was seeking legal clarification over ownership of the Point Chevalier land.

She said extensive engagement had made it clear that a legal process was the only way to provide certainty for all parties.

“We understand this is a matter people feel strongly about. Our intention is simply to resolve the issue responsibly and allow the appropriate legal processes to determine the next steps. Our day-to-day focus remains on supporting the families who rely on us,” Keely said.

At the time, Keely said ATWC would await the outcome of the proceeding before commenting further.

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