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The trustees of Whangaparaoa Community Trust (WCT), which includes Auckland councillors Wayne Walker and John Watson, are claiming a “total and emphatic victory” after High Court judge Justice John Fogarty handed down his decision last month.
The court case, heard on April 11, was brought by the Whangaparaoa Community Centre Project, Des Adams and Norma Buckland, who sought a judicial review of the Whangaparaoa Ratepayers and Residents Association’s (WRRA) decision to transfer the hall to the Trust, in 2005, and the conduct of four members of the general committee of the WRRA. The plaintiffs sought remedies that included winding up the Whangaparaoa Community Trust and transferring its assets to the WRRA.
It is the second time that the ownership of the hall has been challenged in the High Court; former members of the WRRA have long held that the hall belongs to the WRRA and should not have been put in the hands of Trustees.
In his decision, delivered on May 11, Justice Fogarty rejects the allegation that the Whangaparaoa community, via the WRRA, lost ownership of its community hall “by stealth and deliberate manoeuvring” on the part of the four trustees. The decision also rejects any suggestion that the Trustees deceived WRRA members. “To the contrary the transfer of the hall to the Trust was done in good faith for the purpose of securing the hall indefinitely for the community at a well-attended special general meeting,” the Judgment says.
WCT trustee, Cr Walker says there is now a big exercise ahead in rebuilding the WRRA (which failed to reach a quorum at its recent annual meeting) and actively getting people involved in the WCT and its projects.
The spokesperson for the Whangaparaoa Community Centre Project, Des Adams is out of the country and could not comment at this time.
The issue of costs is still before the court.
New hall projects
New projects starting up at Whangaparaoa Hall include a community garden, radio station and the Love Soup Kitchen (see story) The garden will have plots for community groups, individuals and the Love Soup Kitchen.
The ground is being dug over, vegetation and stumps removed and raised beds built. Gardening and composting courses are proposed.
The radio station will broadcast on low power FM with a digital feed through the internet.
It will include local news and events, and slots hosted by local people and clubs.
There’ll be space for the Community Constable, Rock and Roll hosted by the Hibiscus Coast Rock n Roll Club, youth music and events, a seniors’ slot and more.
Volunteers are needed to run the station, and interest in plots in the community gardens is also being sought. Info: email contact@wctrust.co.nz
