Looming legal battle over Gloriavale slavery claims
Fast facts
- A class action accuses Gloriavale of systemic slavery, servitude and entrapment, seeking $2.5m in damages per plaintiff.
- A court ruling is being sought to include all members and former members of the community in the case unless they actively opt out.
- Documents obtained by Stuff show Gloriavale leaders are urging former members to oppose that, arguing they should have to opt in rather than be automatically included.
A legal fight is looming over who should be included in a multimillion-dollar slavery class action against Gloriavale Christian Community.
Four named plaintiffs – former Gloriavale residents Anna Courage, Pearl Valor, Gideon Benjamin and Hosea Courage – claim Gloriavale leadership and the Crown failed in their duties to protect community members from systemic abuse.
The case, filed in the High Court, alleges Gloriavale’s insular and highly controlled Christian society operates as a system of slavery, servitude and entrapment.
Lawyers taking the class action want the court to rule that it should be on an “opt-out” basis, meaning all former and current members of Gloriavale are included unless they opt out.
Stuff has obtained a letter sent by senior Gloriavale leader Faithful Pilgrim to former members of the community, and also understood to be circulating among current members, objecting to the “opt-out” proposition, asking them to help prove that “everybody’s experience was unique and the court should not just automatically lump you and others in together with [the four named plaintiffs] with them as your mouthpiece”.
“They are trying to get the judge to rule that you cannot back out of that position without the permission of the court,” the letter says. “They are alleging that you had no free will and were incapable of independent thought.”
Pilgrim’s letter asks the recipients to let him know if they want to “take a more independent position”, so he can argue to the court that “many of that people that [lawyer] Brian [Henry] is putting forth as supporting Anna and the others are actually not happy with being represented by those four persons as if they were typical of all Gloriavale leavers”.
“If you feel that overall you had a positive experience at Gloriavale, then that is even better, and I would be especially interested in hearing from you.”
Henry, who is taking the class action, said the court would be asked to approve the “opt-out” nature because “those in there have got no free will, so opting out is in our view better because that way those that are in there under control could never join”.
He said an “opt-out” order would mean any Gloriavale resident or former resident would have to obtain independent legal advice first. “They can’t just opt out willy-nilly.”