Court throws out legal action against Progressive Lodge of New Zealand by the Grand Lodge of New Zealand – Grand Lodge of England.
In a judgment released on the 5th of June 2024, Judge David Clark threw out the ill-conceived action by the Grand Lodge of New Zealand, and states that the defendants are entitled to costs.
Unfortunately for GLNZ we believe that this now resolves a huge number of questions, and confirms that much of what has been said by the GLNZ over a long period of time, has been wrong and misinformation.
We believe that the successful pleadings and subsequent judgment confirms the following:
The ASCC has no power to decide who is or isn’t a member of the RAOB. The ASCC is significantly newer than the RAOB, and therefore can claim control over only those banners which subscribe to it. It has no power other than over those banners;
That a Banner, and specifically the GLNZ, can only bring legal action if every one of its members formally agree to the action, and confirm this in writing. The Judgement was very clear about this point, and by entering into legal action, every member of the Banner is responsible for, and liable for, any costs or damages awarded;
Progressive Lodge of New Zealand and the Buffs Charitable Trust will be seeking full costs for the failed action by GLNZ;
The very nature of the action provides legitimacy to the Progressive Lodge, and refutes any idea that it is not a legitimate Banner of the RAOB;
The GLNZ rule book is unenforceable in a Court of Law;
The members of GLNZ who brought the action did not understand, nor follow their own rule book;
The succession of a Lodge to another Banner is not the same as a Lodge closing;
Overall, it appears that the GLNZ has overplayed its hand, and in our opinion, provided a result that has helped clarify the recognition of the Progressive Banners as legitimate and lawful banners of the RAOB.
We believe that the GLNZ should be asking itself many questions at this point, including:
Who will be paying the legal costs of the PLNZ once the judge has determined them?
Why did the RAOB Trust become involved in the action, and use money it is not entitled to use to pursue this failed action?
Now that the Progressive Banners are confirmed as legitimate banners of the RAOB, what is the ongoing relevance for GLNZ who appear to have existed for the last several decades to be a toy for a few individuals to use GLNZ’s, and now the RAOB Trust’s, money to pursue vendettas and power trips.
How did the GLNZ end up embroiled in this legal action, in contravention of its own rules?
Will the members of the GLNZ finally have enough, and take control back of its banner from the noisy few who appear to have taken it to the brink of failure through their spiteful and undemocratic behaviour?
A special thanks to those Brothers who stood staunch throughout the ridiculous case.