Court Case: Free Theatre vs The Arts Centre
|
26-27 July 1984, Christchurch District Court House (Judge Neave presiding)
In 1984, following complaints from tenants who were residing above the Free Theatre, the Arts Centre Trust Board took the company to court with a view to evicting it from the Arts Centre.
The case drew much interest within Christchurch, with a wider debate emerging regarding the nature of 'art' both in terms of Christchurch generally and in terms of the Arts Centre specifically - a site gifted to the city by the University of Canterbury to be used as a place for the arts and education. These two primary features are enshrined in the Arts Centre Trust Deed. It was argued, successfully, that Free Theatre was a unique alternative particularly for the young within Christchurch and that its place in the Arts Centre was far more legitimate than the private apartments that had been created by Arts Centre management with a view to creating more revenue for the site. The case was eventually thrown out of court. However the Free Theatre volunteered to end rehearsals by 11pm in order to build better relations with the tenants living above the theatre. During the trial, Free Theatre was accused of all manner of sin and debauchery, including the claim that the company had thrown a large party and left their rubbish in a large stinking pile outside the theatre. It turned out, however, that the party and the rubbish belonged to another tenant - an architectural firm that eventually took responsibility for the mess. The court case, in our archives as a Free Theatre production as the company approached the defence of the theatre in much the way they approached a production, presenting arguments and provoking debate that spoke to the very nature of what Christchurch is and how it likes to see itself. It may be seen as the first of a series of high profile attacks on the theatre, with each subsequent production developing particular shape and form in relation to the time and adversary [see also Change Proposal (2008) and Big Heads Protest (2012). In terms of this original production, it is rumoured that Peter Falkenberg wore a suit (complete with tie) to appear before the court. However, such extraordinary rumours remain unverified. If anyone has proof, please get in touch. ArticlesFree Theatre faces threat of eviction
The Press Theatre group to risk action The Press, 20 September 1983 Group rehearses despite Arts Centre warning The Press, 23 September 1983 Centre board to court? The Press, 24 September 1983 Moves on theatre venue The Press, Tuesday 27 September 1983 Theatre dispute still unresolved The Press, Thursday 29 September 1983 Fight brews over theatre's noisy rehearsals NZ Times, Sunday 2 October 1983 Theatre suit abandoned unspecified publication, 1983 Suit is dropped unspecified publication, 1983 Writ filed against theatre The Press, 8 October 1983 Arts Centre injunction on play fails The Press, 14 October 1983 Free Theatre case dropped The Press, 4 November 1983 Expensive sound remedy The Press, 25 November 1983 Opinions differ on use of theatre room The Press, 28 November 1983 Theatre ruling unspecified publication Theatre needs sound-proofing says expert / Theatre noise hearing begins The Star, July 1984 Engineer 'approved' theatre's plans The Star, 27 July 1984 Judgment_allows_Free Theatre_to_use_Arts_Centre The Press, 31 August 1984 
Additional legal documents and communications relating to this matter are kept in the Free Theatre archives.
|
In the High Court of New Zealand Christchurch Registry A. 312/83
Between The Arts Centre of Christchurch (Plaintiff) AND Free Theatre Incorporated (Defendant) Hearing 26-27 July 1984 Counsel: E.T. Higgins and C.A. George for Plaintiff C.A. McVeigh and P.N. Dyhrberg for Defendant Judgment: 29 August 1984 Judgment of Roper J. (read here) 
(click on image to view petition)
The petition above was signed by supportive citizens including Arts Centre staff and artists including Julia Morison, Leon Narbey, Rosie Belton, Neil Dawson, Yvonne Martin, Mervyn Thompson, Max Hailstone, Graham Bennett, Stephanie Johnson, Philippa Boyens, Frances Edmond and Nathaniel Lees.
For myself, and here I don't speak on behalf of the T.P. A., my heart is with the Free Theatre. Apart from the arguments already stated, I feel that while accommodation is scarce for performing theatre groups, there are plenty of plush places for wealthy residential tenants all over Christchurch. If these people want to live in an Arts Centre, then they must not interfere with the legitimate activities of the people for whom the Centre exists. Affidavit in reply by Peter Franz Sigismund Falkenberg on behalf of the Defendant
Peter Franz Sigismund Falkenberg confirmation of contents and updating of affidavit Comments on affidavits
Some Christchurch theatre-goers and critics have been offended by its [Free Theatre's] "arrogance", as it is sometimes called when somebody dares to be different and does not want to fulfil the usual expectations. Even the Arts Centre itself has taken sides against the theatre in a noise nuisance dispute on behalf of a few individual, commercial tenants living in inexpensive luxury flats above the theatre. It wants the theatre to move out of the Arts Centre and thus deprive Christchurch of its only alternative theatre. 
Between ALBERT DEMPSTER BROWNLIE of Christchurch, Professor, MALCOLM DOUGLASS of Christchurch, Town Planner, PETER DOUGLAS DUNBAR of Christchurch, Pharmacist, RICHARD WILLIAM JOHN HARRINGTON of Christchurch, Jeweller, GRAHAM MONTEITH MILLER of Christchurch, Retired Lecturer, NOEL ROBERT SEARELL of Christchurch, Accountant, and THOMAS JOHN TAYLOR of Christchurch, Lecturer. 
|
