We are a sporting club with a perpetual sporting lease dating back to approx 1903.We are now in jeopardy of closure

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Customer: We are a sporting club with a perpetual sporting lease dating back to approx 1903.We are now in jeopardy of closure because Landstrust are usig residential land vauation and changing the way they have treated the club for the last 120 years
JA: What state are you in? It matters because laws vary by location.
Customer: Wairarapa
JA: What steps have you taken so far?
Customer: The Rugby club are in the same situation with 140 years of existance .We had local Council help witj last rent instalments. They could not get it passed into curent long term plan to purchace land from Trust due to Covid and long term water problems in area
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Surelyexistig use and conditions over a centary of use counts
Answered by Chris The Lawyer in 2 hours 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Your remedies in this situation would be to seek judicial review of the decisions based on something like a legitimate expectation of the lease is continuing on the same basis as before, and arguing that the decision was not rational. But to get a secured tenure over the property depends on having an enforceable lease. When those leases expire and are renewed, there is an opportunity for the landlord to renegotiate the terms and the rental. That is where the difficult part comes in. You wouldn't necessarily have any right to continue the lease despite the long history

Customer
The lease is in 21 year terms.Renewed in2018 The Trust has always given us a grant back meeting most of our fixed costs including rent ..They had in effect been acting as a defacto council..The last two years we have paid 29000 dollars and they have given 22000 as a rent remission.This rent remission has now ceased.
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Chris The Lawyer, Expert

Is the rent remission made under any particular statute or is it just the trust board supporting your organisation, and then making a decision to stop supporting? Do they have any contractual or statutory obligation to support your organisation that you are aware of?

Customer
Just the historical support of both the Rugby and Bowling Clubs for over a centary
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Chris The Lawyer, Expert

This is most likely a political decision, and these are notoriously difficult to overturn in the courts. Your only remedy would be judicial review, although I am not certain whether that would work

Customer
Both Clubs have built their own clubrooms and facilities
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Chris The Lawyer, Expert

They gives you property rights but not necessarily rights to continue funding

Customer
Thanks for your time
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