Increased powers have been given to Charities Services - the sector administrator - and to the Charities Registration Board.

Community and Voluntary Sector Minister Priyanca Radhakrishnan says New Zealand's 28,000 or so registered charities make a great contribution to the country.

The new charities law follows a review by Internal Affairs (DIA). The government ordered the review in 2018 after the Charities Registration Board deregistered Destiny Church's status as a charity.

The Board said Destiny's deregistration was in the public interest - it had failed to file financial returns for two years and had ignored multiple warnings in doing so.

Deregistration was as far as the Board could go though.

"Many of New Zealand's largest charities have significant unexplained accumulated funds. It is important they are transparent about the reasons for holding on to a large quantity of funds, including donations," says Radhakrishnan.

Very small charities would also be able to get an exemption to financial reporting.

"This will free up resources to allow volunteers to spend more time focused on communities and doing the mahi they are passionate about."

Making sure all charities are treated equally does matter. "It is important that our system doesn't work just for those who have the resources to navigate it. The same service and the same access must be available to everyone."

Proposed changes to the Act

• Charity requirements - maintaining a charitable purpose, having a rules document, and having qualified officers - will be made explicit.
• Larger charities (operating expenses over $140,000) must report reasons for accumulated funds on an annual returns form to be designed in consultation with the sector and iwi.
• Through Charities Services, very small charities can get exemptions from financial reporting. Threshold yet to be developed.
• Charities Registration Board membership will increase from three to five.
• The Board may disqualify an officer for 'serious wrongdoing' or a significant or persistent breach of obligations, without having to deregister the charity. Part of the 'serious wrongdoing' definition will be clarified.
• The Board must publish decisions if declining an application for registration and deregistering a charity. The Board and Charities Services must publish information on decision-making policies and procedures. Significant decisions will include a clear process for charities to raise objections.
• Charities Services' significant decisions, and existing decisions of the Board, will be able to be appealed. Appeals under the Act will go to the TIA first, before the High Court.
• Charities Services must consult with the sector when developing significant guidance material.
• Timeframes for submitting objections, administrative information and appeals is extended from 20 working days to two months.
• DIA will review Charities Services' performance measures and operational practices.

Radhakrishnan says she expects an amendment bill to be introduced this year, with consultation via the select committee process.

This would be followed up with a process to consider more fundamental concerns raised by the review.

Source

• RNZ

The hearing at the High Court in Wellington this week is the second appeal after the Charities Board ruled in 2013 and again in 2017 that Family First be removed from the charities register.

When Family First appealed the 2013 decision, the High Court ordered the board to reconsider, which it did in 2017, again concluding the group should be removed.

This week Peter McKenzie QC, acting for Family First, said that even if a group's causes were unpopular, that shouldn't stop them being classified as a charity.

While Family First admits to promoting "traditional" values, it has now dropped the claim to religious charitable status.

"This is not a charity formed for religious purposes," McKenzie said.

"It is simply formed with a statement of purpose relating to faith, but it is not religious in purpose."

He argued that its activities seek to benefit all forms of families.

Justice Simon France questioned whether the research Family First conducted was "persuasion under the guise of research", where the authors of research papers chose evidence to reflect the views they already held.

McKenzie said that their research aimed to benefit everyone and promote debate.

The Charities Board has not yet made its submissions to the High Court.

The hearing continues.

The first time the Charities Registration Board attempted to deregister Family First, it said the organisation did not "advance exclusively charitable purposes".

But the High Court ordered the Board to take a second look at the issue in 2015, after Greenpeace had taken the issue to the Supreme Court to defend its own charitable status.

In the Greenpeace case, the Supreme Court ruled that groups can register as charities - even if they have a political purpose.

Source

• nzherald.co.nz
• radionz.co.nz
• Image: familyfirst.org.nz

Family First goes to court over second deregistration decision]]> 106777 https://cathnews.co.nz/2017/08/21/family-first-charitable-status/ Mon, 21 Aug 2017 07:54:51 +0000 https://cathnews.co.nz/?p=98296 Controversial group Family First has been stripped of its charitable status "because it does not advance exclusively charitable purposes". But the group is not going down without a fight, saying it will argue the decision in the High Court. The decision by the Charities Registration Board was made public on Monday. It is the second time the Read more

Family First is appealing a decision the Charities Registration Board made to de-register it in 2013.

The group said its opposition to gay marriage was the reason Charities Services wanted to deregister it.

The Charities Registration Board said Family First's main purpose was to promote "particular points of view about family life" and the lobby group did not advance religion or education, nor promote a benefit to all New Zealanders, as the law required charities to do.

Family First said today nothing had changed since it was allowed to keep its status as a charity five years ago. Read more

Earlier this month, Family First received notification that the independent Charities Registration Board intends to deregister the group, because in their assessment it does not meet the requirements of a charity under the Charities Act 2005. Continue reading