Overture 21: Trinity Church Property

At St Ninians Church Blenheim, on Tuesday 25 November 2003 the Presbytery of Nelson and Marlborough met and was constituted.

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The Presbytery agreed to adopt and transmit the following overture to the General Assembly of the Presbyterian Church of Aotearoa New Zealand appointed to meet in Christchurch on 19th September 2004.

Whereas in 1849 the original Trustees and Minister of Trinity Presbyterian Church in Nelson having purchased the land (Section 500 Wakefield Plan) "...Doth convey and assign..." to the original Trustees and Minister of Trinity Presbyterian Church in Nelson "...and the survivors and Survivors of them, and to the heirs and assigns of such survivors In Trust for the body of Christians now or hereafter residing in Settlement of Nelson aforesaid and adhering to and following the Doctrines contained in the Westminster Confession of Faith and in the Larger and Shorter Catechisms as appointed by the General Assembly of the Church of Scotland in the Year of our Lord One Thousand Six Hundred and Forty Seven and to the Presbyterian Forms of Church Government by Kirk Sessions, Presbyteries, and Provincial or General Synod and intending to worship God in a Church named Trinity Presbyterian Church which is to be erected and built upon the piece of land hereafter described and hereby conveyed and assigned on intended solo be used for and upon no other Use Trust intext or purpose whatsoever..."

And Whereas in 1851 the original Trustees and Minister of Trinity Presbyterian Church in Nelson, were granted land by Queen Victoria with the binding condition that the Trustee´s "survivors and survivors of the same, their heirs and assigns of such survivors In Trust for the body of Christians now and hereafter residing in Settlement of Nelson aforesaid and adhering to and following the Doctrines contained in the Westminster Confession of Faith and in the Larger and Shorter Catechisms as approved by the General Assembly of the Church of Scotland in the Year of our Lord One Thousand Six Hundred and Forty Seven and to the Presbyterian Forms of Church Government by Kirk Sessions, Presbyteries, and Provincial or General Synod And for and upon no other Use Trust intent or purpose whatsoever On Testimony Whereof...."

And Whereas with the advent of The New Zealand Presbyterian Church Act 1875, the Church is described as "...a body of Christians adhering to the doctrines contained in the Westminster Confession of Faith, and the Presbyterian form of Church Government by Presbyteries, Provincial or General Synod, and Kirk Sessions..."

And Whereas The New Zealand Presbyterian Church Act 1875 makes it lawful "...on the request of the minister and the majority of the members of the congregation to convey or transfer such property or any part thereof, to Trustees, appointed by the congregation to which the beneficial interest in such property belongs, to be held upon trust for such congregation, in connection with the Presbyterian Church of New Zealand, as recognised by this Act: and subject to this Act, and to any disposition or dealing with any such property permitted or authorized under the trusts on which the same shall be held as aforesaid, all such property shall be conveyed or transferred upon the like trusts for which the same was originally held by or vested in any such Trustees...."

And Whereas the original trustees on behalf of the congregation of Trinity Presbyterian Church did place the Title Deed to their land with the Church Property Trustees under The New Zealand Presbyterian Church Act 1875, in good faith, knowing that the New Zealand Presbyterian Church was "...a body of Christians adhering to the doctrines contained in the Westminster Confession of Faith, and the Presbyterian form of Church Government by Presbyteries, Provincial or General Synod, and Kirk Sessions..."

And Whereas The Presbyterian Church Property Act 1885 having repealed the previous Act states that "...All property whatsoever r which may then be held by or vested in any trustee...upon trust for the purpose of any congregation of a Presbyterian Church shall vest in the Trustees incorporated by this Act, for the like estate or interest therein as prior to the coming into operation of this enactment was vested in or held by such Trustees.."

And Whereas The Agreement for Union 1901 states "That the doctrinal of the said Presbyterian Church of New Zealand shall be the Holy Scriptures of the Old and New Testaments, as the Supreme Standard, and the only rule of faith and practice, and the Westminster Confession of Faith and Larger and Shorter Catechisms, as interpreted by the Declaratory Act, as Subordinate Standards...."

And Whereas The Presbyterian Church Property Act 1885 Amendment Act 1914 which "...shall be read together with and deemed part of the Presbyterian Church Property Act 1885" states that "Any property given, devised, or bequeathed to the Trustees upon trust for any of the said funds, institutions, or organizations, shall be held and administered by them in accordance with the trusts (if any) declared by the donor thereof"

And Whereas the stated purpose of Trinity Presbyterian Church of Nelson is to adhere to the Westminster Confession and Larger and Shorter Catechisms, and to adhere to the Presbyterian Form of Church Government of Session, Presbytery, and Regional or General Synods, as stated in her Title Deed 1849, Crown Grant 1851, The New Zealand Presbyterian Church Act 1875, The Presbyterian Church Property Act 1885, The Agreement for Union 1901, The Presbyterian Church Property Act 1885 Amendment Act 1914, the Book of Order, Chapter 1, Section A Standards, Reg. 475 Standards

And Whereas there many other congregations in the same or similar situation as Trinity Presbyterian Church

And Whereas the congregation of Trinity Presbyterian Church and other congregations of the Presbyterian Church of Aoetearoa , New Zealand have not had their rights extinguished in any way by any acts of legislation, either State or Church from ordering their life so as to "...adhering to the doctrines contained in the Westminster Confession of Faith, and the Presbyterian form of Church Government by Presbyteries, Provincial or General Synod, and Kirk Sessions..."

And Whereas the Presbyterian Church of Aotearoa New Zealand has Ministers and Elders in good standing publicly denying the bodily resurrection of Christ, and the Church has undertaken no discipline thereof

And Whereas the Presbyterian Church of Aotearoa New Zealand has recent regulations in her Book of Order limiting a congregations right to send her commissioner to the General Assembly

And Whereas the Presbyterian Church of Aotearoa New Zealand has several manses occupied with couples openly and publicly living in a homosexual union and the Church has undertaken no discipline thereof

And Whereas the Presbyterian Church of Aotearoa New Zealand has recently suffered a Judicial Commission with power of Assembly decide that a professing practicing homosexual living openly and honestly in a homosexual union is not barred from applying to the National Assessment Work Group because of her sexual behaviour

And Whereas there has been no motion agreed or carried at any General, Special or Emergency Assembly, nor any Barrier Act Motion enacted, nor any Act of Modification of the Subordinate Standards concerning the bodily resurrection of our Lord, the gathering in General Assembly, matters concerning Christian Marriage, or homosexual behavior and unions being held by the Subordinate Standards to be sin

And Whereas there has been no deliberate falling from those parts of the Standards that teach Jesus rose bodily, or that the General Assembly "...call before them any person within their several bounds whom the ecclesiastical business which is before them doth concern." Or that homosexual behavior is sin

And Whereas these developments are held by us to be contrary to the purpose of our congregation, and against the Supreme and Subordinate Standards of the Church, and against the trust of our original trustees, and against several acts of Church legislation

And Whereas there has been an abandonment of the Westminster Confession and Larger and Shorter Catechisms in the life of the Presbyterian Church of Aotearoa New Zealand, especially in using Reg. 475 as the Standard for Assembly and Judicial Commission decisions

And Whereas the abandonment of the Westminster Confession and Larger and Shorter Catechisms in the life of the Presbyterian Church of Aotearoa New Zealand has happened to such a level that many congregations hold that the Presbyterian Church of Aotearoa New Zealand can no longer be described as, "...a body of Christians adhering to the doctrines contained in the Westminster Confession of Faith, and the Presbyterian form of Church Government by Presbyteries, Provincial or General Synod, and Kirk Sessions..."

And Whereas this is of great concern and anguish to many congregations within the Presbyterian Church of Aotearoa New Zealand

That the Assembly instruct the Church Property Trustees to render a written report within three months from the rise of this Assembly to all Parishes and Presbyteries answering the following questions:

What process does Trinity Church in particular and other parishes in general need to undertake to regain their Title Deeds to their land?

What process does Trinity Church in particular and other parishes in general need to undertake to form a Continuing Presbyterian Church under the current Church Property Trustees Act?

What process does Trinity Church in particular and other parishes in general need to undertake to form a Continuing Presbyterian Church independent of the Church Property Trustees Act?

What process does Trinity Church in particular and other parishes in general need to undertake to leave the Presbyterian Church of Aotearoa, New Zealand, taking their land, buildings and other estate with them, and to join another Presbyterian Church that is "adhering to and following the Doctrines contained in the Westminster Confession of Faith and in the Larger and Shorter Catechisms as appointed by the General Assembly of the Church of Scotland in the Year of our Lord One Thousand Six Hundred and Forty Seven and to the Presbyterian Forms of Church Government by Kirk Sessions, Presbyteries, and Provincial or General Synod"?

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Or that the General Assembly determine otherwise as in its wisdom it shall consider best.

The Presbytery appointed the Rev Hamish Kirk and Rev Ralph Penno to support the overture before the Assembly.

Extracted from the records of Presbytery by

Robert McPhail
Presbytery Clerk