The future home of an ornate Italian marble altar at the former Teschemakers Catholic girls' boarding school will be argued in the Environment Court at Oamaru during a two-day hearing starting in the Oamaru courthouse today.
Judge Jane Borthwick will hear evidence to determine the process that should be followed to decide whether the altar should remain in the chapel at the property south of Oamaru or be removed to the Holy Name Church in Dunedin.
At issue is whether a resource consent from the Waitaki District Council is needed.
The altar came from Italy in 19 crates and was presented to Teschemakers by the Hart family in 1926.
The challenge to its removal is being led by former Teschemakers' pupil Susie Scott, a granddaughter of Peter McCarthy, who gave 10ha and a 28-bedroom homestead to the Dominican Sisters in 1911 for the school, followed by another 40ha in 1918.
She is supported by others including former pupils.
Opposing an order for the altar to stay is Holy Name Parish, Naylor Love Construction and Trustees Executors Ltd.
The issue is a complex one based on the history of the school, the chapel, intent of original donors and subsequent sales of the property.
Already, items have been removed from the chapel, some for the Holy Name Church and others for Catholic churches in Otago.
The property ceased being a boarding school in 1979 and had a number of uses before being sold by the Dominican order in 2000 to Japanese businessman Dr Hirotomo Ochi, who planned to turn it into an international college. As part of the sale agreement, ownership of the chapel's chattels, including the altar, was retained by the Dominican order.
Dr Ochi died in 2005 and his estate sold the property to Herbert couple John and Joy Murdoch, who took possession on June 1.
However, before that sale, the dispute over the future of the altar erupted when a Holy Name parish newsletter, about the middle of last year, said a generous gift had been received from the Dominican Sisters - the marble altar, marble stands and choir stalls from the chapel.
That led to an outcry from some people in the North Otago community and some former pupil;s who wanted the altar to remain.
Last August contractors arrived at the chapel to start dismantling the altar and transport it to Dunedin.
They were greeted by a group of protesters, who had started gathering from 6am to prevent that happening after Ms Scott had filed a last-minute injunction with the Environment Court to halt the removal.
Judge Jon Jackson granted an interim enforcement order, which stopped the work.
Holy Name Parish then filed an application to set aside the order so the work could proceed. That was followed by mediation between the two parties, but no agreement could be reached, leading to the full hearing starting today.
