By Annabelle Tukia
The battle to save Christchurch's quake-damaged Anglican cathedral from demolition has entered the High Court.
The Greater Christchurch Building Trust led by former politician Jim Anderton says the trustees of the church are acting unlawfully by demolishing the iconic building and in breach of an act of Parliament.
Mr Anderton spearheads a group that says the ChristChurch Cathedral can and should be restored to its former glory, and today lawyers acting on behalf of that group went one step further, saying that the owner's demolition of the building is unlawful.
“We say the trustees are not free to demolish the church,” says Greater Christchurch Rebuild Trust lawyer Francis Cooke, QC.
That’s because of a 2003 Act of Parliament which protects church buildings by stating trustees must repair and maintain buildings. It says nothing about pulling them down.
“If the trustees of the cathedral want to be relieved of their duties of repairing and maintaining the cathedral they need to go back to Parliament,” says Mr Cooke.
But the lawyer for the church argued that the Anglican trustees do have the power to deconstruct.
“My client's position is that they don't need to build a church exactly the same as,” says Church Property Trust lawyer Jared Ormsby.
Mr Ormsby said the trustees would need to find $30 million more to rebuild the existing cathedral.
The hearing concludes tomorrow.
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