A controversial move by the Gore District Council to extend into part of the James Cumming Wing has been given the green light by its lawyers despite concerns by some it was violating the wishes of the late Mr Cumming himself.
The council, desperately looking for more room, proposed taking over two rooms on the first floor of the prominent building which is next to its head office.
But several members of the community and Cumming family complained, claiming the council would be breaching the last will and testament of James Cumming, who died in September 1946.
Council chief executive Steve Parry, who suggested the move, asked the council to delay making a final decision until he sought a legal opinion.
That advice, to be tabled in a report to next Tuesday's finance and policy committee, backs the council's move.
In his report, Mr Parry said the "comprehensive legal opinion" from council solicitor John Bannerman settled the matter once and for all.
"This opinion is very helpful in clearly delineating urban myth from legal reality."
In a nutshell, Mr Parry said it would seem "reasonably straightforward" for the council to now continue plans to occupy the building's Waikaia and Waipahi rooms to ease accommodation pressures in the council's administration building.
In his advice, Mr Bannerman said the James Cumming Wing was no longer subject to any specific trusts.
As owner of the James Cumming Wing, the council is therefore entitled to deal with the James Cumming Wing and its use in accordance with its powers of management of council property.
The council's proposal would not amount to a "substantial deviation" from the purposes for which the building was first established.
"In other words, notwithstanding the two rooms under consideration no longer being available for public use, the James Cumming Wing will continue to be used predominantly as a community centre with more than adequate facilities to accommodate public demand."
Mr Bannerman will attend the committee meeting to answer any questions.
