The court battle between Gloriavale leavers and leaders revealed
Wednesday, 19 May 2021
Gloriavale leaders are defending claims they have breached their duties to members of the Gloriavale community as they fight a landmark civil action taken out by former members.
The plaintiffs have asked the High Court to give control of the community's assets to the Public Trust because they allege the West Coast community's leaders have failed to provide adequate working and living conditions.
Their lawyer, in a February hearing, alleged the community breeds sexual predators and victims, and members are forced into “slave labour”. The plaintiffs say they are also concerned about the quality of the accommodation, food, and access to medical care and education members receive.
However, in newly-released documents, the leaders say members are looked after well and everything is done for the benefit of the entire community.
Both sides of the fight can be revealed after Stuff and other media sought to have documents about the case released by the High Court.
**READ MORE:
* Gloriavale trust's assets and profits up on last year
* Lawyer says legal proceedings seek to change culture that ‘breeds sexual predators’ at Gloriavale
* Current and former Gloriavale members asked to contact court-appointed lawyers
* Second senior member leaves secretive sect Gloriavale over management concerns
* Gloriavale leaver launches High Court civil proceedings against leaders
**
It comes as police continue to investigate allegations of child sexual abuse at the community. They and Oranga Tamariki interviewed a significant number of people this month. Police previously interviewed several boys at the community, which resulted in charges.
The religious community has about 580 members, and its financial statement lists 15 companies and business entities.
According to its latest annual return to Charities Services, Gloriavale’s charitable trust has assets worth an estimated $41 million and last year its wide-ranging tax-exempted business enterprises made nearly $2.8m of profit. Control of its companies is concentrated in the hands of a group of men, often related by blood or marriage.
The court action was filed with the High Court in Greymouth in September by former member John Ready and other plaintiffs, who names are suppressed.
“This is not about destroying Gloriavale in any way … this is about seeing that the right thing is done for the people that live there,” John Ready said at the time.
The plaintiffs allege that in joining Gloriavale, they agreed to give the trust all their possessions, including property, money, and any future earnings.
They agreed all assets would be “administered without fetter by our overseeing shepherd and the other shepherds, and held in common for the benefit of all its members or given to others in need”.
The plaintiffs’ claim some trustees have breached that agreement in 29 “ongoing and serious” ways. The alleged breaches were redacted in the documents released this week, but have previously been reported to include a lack of adequate food, timely medical care, appropriate accommodation, equally accessible education, and work that is remunerated fairly with sufficient rest.
They allege the trust should provide a safe and secure environment where members are free from interference in their privacy, family and home life, and free to express opinions and religious beliefs.
They also want a declaration that Ready and another former member are still beneficiaries of the Gloriavale trust.
In a February court hearing, a lawyer for the plaintiffs, Brian Henry, said the proceedings aimed to change a culture where people are subjected to “slave labour” and sexual predators and victims are bred.
In a statement released by the High Court this week, Gloriavale leaders say the community's “core belief” is that all assets will be used collectively for the benefit of the entire community.
“This is acknowledged in the document that is signed, which also includes an acknowledgement that nothing can be claimed by any particular person from the assets of the community.”
The leaders say members are given independent legal advice before signing the document.
They note John Ready and his family have left the community.
“They do not have the legal standing to seek changes to trustees or to community leaders,” they say.
Community members are given simple home-grown meals, warm, clean and dry accommodation, and access to recreational facilities including sports courts, boats, a swimming pool and film nights.
They are offered secondary education to NCEA level 2, with an extensive music programme and inclusion of te reo Māori, and the community's school has received positive reviews from the Education Review Office.
The community also funds access to tertiary education, including trades, pilots, agriculture, teaching and midwifery, the leaders say.
“The community has proportionately more tertiary education qualifications than the West Coast’s general population.”
Members can also see a GP once a fortnight and visit Greymouth for more urgent matters including dental care and chiropractic treatment.
The 168 members who are Christian Partners and work in the community’s businesses receive an equal share of profits. They pay tax and ACC levies but donate the remainder back to the community, the leaders say.
The members choose to abide by religious doctrine, including no contraception, no divorce and that men are the religious leaders.
People are free to leave and those who do are not considered “damned” by the leaders. They can visit remaining family members as long as they are respectful.
“The defendants … are committed to ensuring Gloriavale is a safe and stable religious community for those who choose to live within it in accordance with the tenets of its faith,” the leaders say.
The defendants include the Gloriavale trust, residents who act as trustees, a second group of residents known as shepherds who run a “commitment” trust, three independent trustees from outside the community, and a nominee company.