Removal of altar would breach plan

Susie Scott
Susie Scott
An attempt to remove the altar from the Teschemakers Chapel on Monday would have contravened the Waitaki District Council's district plan, Judge Jon Jackson has found.

Judge Jackson issued an interim enforcement order in the Environment Court on Monday, meaning work could not start.

In his decision, which the Otago Daily Times obtained yesterday, Judge Jackson said a resource consent application must be made, or the integrity of the plan would be compromised.

Work was scheduled to start on Monday and stonemasons from Dunedin arrived, along with a truck carrying scaffolding.

The Dominican Sisters had gifted the altar to the Holy Name Parish in Dunedin.

Susie Scott applied for the injunction and the order was served on Fr Mark Chamberlain, of Holy Name, Trustees Executors (who administer the estate of Teschemakers' late owner Dr Hirotomo Ochi) and Naylor Love Construction.

Ms Scott believed the work contravened the district plan because it was an alteration to a building listed as a category B heritage item and a resource consent was required.

No consent had been applied for.

The altar was a substantial piece of intricate marble construction which had been a "fundamental and integral part" of the chapel since its installation in 1926, Judge Jackson said.

He accepted any work to remove the altar might damage it and the chapel was likely to lose some of its heritage qualities, should it be removed.

"Ms Scott has deposed that her campaign to prevent removal of the altar has generated a lot of support from the public, so it would seem its removal would have a negative impact on the people of Oamaru, affecting their local amenity," he said.

Judge Jackson found it appropriate to make interim enforcement orders without hearing from the respondents.

However, they might apply at any time to set aside or vary the orders.

Ms Scott should lodge and serve an application for an enforcement order within 10 working days.

When contacted yesterday, Carol Berry, who is chairwoman of the North Otago branch of the Historic Places Trust, said it would be a "wonderful outcome" if the altar was left in the chapel, as those who donated it intended it to be, and which the community was very keen to see.

It was hoped the community would be able to put in place some protection for the items in the chapel.

sally.rae@odt.co.nz

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