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SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

The Vegan Society of Aotearoa – an unincorporated “charitable trust” fails to file annual charity return

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The Vegan Society of Aotearoa was registered as a charity with the Charities Commission on 15 September 2010 (Reg. No. CC 45333). Like The Animal Welfare Institute of New Zealand (AWINZ), it is an unincorporated “charitable trust”. Its Annual Return for the financial year ending 31 March 2011 that was due on 29 September 2011, has yet to be filed.  It is almost one year overdue. The Commission has a statutory duty to send out reminder letters to charities that have failed to meet their obligations under the Charities Act 2005.  No doubt the Vegan Society Trustees (see below) have received repeated reminder notices from the Commission over the last year over their Trust’s failures to file.

Significant and persistent failures  by Trustees to fulfil their obligation under section 41 of the Act, have by now, no doubt, led to the Commission sending the Trust a “Notice of Intention to Remove” it from the Register of Charities, under section 32(1)(b) of the Charities Act.

Trustees listed on the Charities website for The Vegan Society of Aotearoa are: Alice Leonard and Amanda Sorrenson, both appointed on 15 September 2010, as well as Hannah Lessells and Johanna Vroegop, who were both appointed in March 2011. Amanda Sorrenson is Promotions Manager for another registered charity – the “animal rights” lobby group Save Animals from Exploitation (SAFE) which is active in political advocacy. Alice Leonard runs the Auckland-based vegan business Angel Food (www.angelfood.co.nz) – dealing with dairy-free and vegan products.

The Vegan Society filed its annual return for the 11 months ending 31 March 2010, and uploaded it onto the Charities website on 6 October 2011. Because it was registered as a charity on 15/09/10, these financial statements were not required to be filed and their presence on the website has served only as a smokescreen to hide the fact that the 2011 annual return has not been filed.

On 6 December 2010 the charity ChildSafeNZ.Org was deregistered by the Charities Commission for failing to file its Annual Return as required by s. 41 of the Act. The Electronic Media Foundation Aotearoa New Zealand Trust was registered with the Charities Commission on 29 January 2009 and failed to file its annual returns that were due on 30/09/10 and 30/09/11. The Trust was consequently deregistered as a charity on 11/01/12

References:

Click to access Disqualification-Order-DecisionSmyth.pdf

The Vegan Society of Aotearoa – a registered charity serving the “public good”

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“The Vegan Society of Aotearoa” was registered as a charity with the Charities Commission on 15 September 2010 (Charity Reg. No. CC45333). However, there has never been any legally incorporated entity by this name in New Zealand (e.g. incorporated charitable trust or incorporated Society etc.). “The Vegan Society of Aotearoa” is an unincorporated “Trust” with its “Trust Deed” dated 1 May 2010 specifying three trustees on its “Board”, available on the Charities website (www.charities.govt.nz). Two of the founding trustees are still current officers for “the Trust”, two two new trustees were appointed in 2011.

Under section 15 of the Charities Act 2005, if the Commission is to register any legally constituted entity as a charity, it must only do so under the applicant’s full and correct legal name (see Appendix I below).

It is important to understand that “Veganz the Vegan Society of New Zealand Charitable Trust“, a Charitable Trust (Reg. No. 1230157) incorporated on 31 July 2002, is legally distinct from “The Vegan Society of Aotearoa“- an unincorporated “Trust”. The former is NOT registered with the Charities Commission.

One must wonder whether the Charities Commission Registration Team ever accessed the “Search Other Registers” on the Companies Office website (www.companies.govt.nz) to determine whether or not The Vegan Society of Aotearoa was a registered incorporated legal entity. It is not.

“The Vegan Society of Aotearoa” was granted “charitable status” under charity law in 2010 and was assessed by the Charities Registration Team as “benefiting the public, or a section of the public”, in a manner that was “identifiable”, “clear”. and “related to its charitable aims”. Its Purpose is set out under s. 3 of its “Trust Deed” dated 1 May 2010:

“The purpose of the Trust will be to promote veganism as an environmentally friendly, healthy and compassionate way of life. In particular the Trust will….”

3.1 further the knowledge and interest in sound nutrition and veganism, and in vegan methods of agriculture and food production as a means of increasing the agricultural potential of Aotearoa, to the physical, economic and moral benefit of all living beings.

3.2 provide a means of  social contact and exchange of information for new and existing vegans by way of regional social support and provision of resources.

3.3 develop and maintain positive relationships with organisations sharing similar aims.

3.4 encourage the research, study and use of alternatives to all products derived wholly or partly from animals.

3.5 take any action consistent with this charitable purpose.

After a thorough inquiry into the activities, ‘doctrines’ and objects of  this [unincorporated] “Trust”, the Charities Commission accepted that the exclusive primary “beneficiaries” of this charity were “vegens”, who are all required to pay membership fees.

According to section 2 of the registered Trust Deed dated 17 July 2002 of  Veganz the Vegan Society of New Zealand Charitable Trust (an incorporated entity which is not a registered charity):

“A Vegan is a person who knowingly chooses not to consume, use or wear any products produced from animals or which contain animal by products; and avoids products that have been tested on animals or involves cruelty or abuse of animals in their research or production stages. Veganism stands for respect and compassion for animals (including the human animal).”

The Vegan Society of Aotearoa provides a list of all the animal items prohibited for vegans: “meat (fish, shellfish, livestock or poultry) eggs, dairy products, honey, gelatine or use of leather belts, fur silk, wool, cosmetics or soaps derived from animal products.” (Source: www.vegansociety.co.nz)

The Charities Commission has graciously granted The Vegan Society of Aotearoa permission to vastly extend the official public record of the “beneficiaries” to their Society’s “charitable activities” to effectively include: all animals used as a source of meat and/or other food product by man, and all those used as a source of health products and/or clothing materials. Many of these animals are indeed true “beneficiaries” of the charity as they owe their very lives to the charitable work of Vegans, who actively persuade fellow New Zealanders to desist and abstain from their “moral crimes” against the Animal Kingdom (e.g. eating animals and using their by products), and jump on board the Vegan lifestyle bus to help green the planet and save its bio-diversity.

The Vegan Society of Aotearoa promotes “protection of animals”, “conservation” and “the environment” according to the Charities Commission website. Such broad activities have been ruled by the Commission to be “charitable purposes”.

In a sense, all its “charitable activities” can be viewed as detrimental to much of our New Zealand farming industry that forms the backbone of our export trade. Urging people to desist and abstain from eating meat and all other animal products would be viewed by most New Zealanders as detrimental economically to the “public good”.

Most ordinary and reasonable New Zealanders would reject the view that providing vege recipes and information of Vegan food outlets on a website to Vegans and sponsoring vegetarian family fun-days where vegan charity members and friends can delight themselves in the  partaking of vege food, constitute “charitable activities”. They would see no “public benefit” in allowing paid up members of  to pursue their own private lifestyle choices.

Everyone has the right to pursue a vegan lifestyle, or for that matter naturalism, as a lifestyle choice, or  any indeed other private hobby. Both vegans and naturalists claim to offer health rewards to those who embrace their respective lifestyle choices. Both claim a vast body of research evidence supporting the superiority of their respective  lifestyles compared to normal lifestyles (eating meat and wearing clothes).

Both have followers that actively expose themselves to the public to win over public empathy and support and recruit new members to the ‘faith’. There are many vegans who are “animal rights activists” and take part in protests ‘baring all’. Yes nudity is regularly their favoured tool to win recruits and lobby for their political views. Who can forget those grim animal rights promotional photos of nude men and women hunched over in foetal positions confined within battery hen cages?

The six million dollar question is:

Should groups of naturalists and/or vegans be granted “charitable status” based on their claims that their lifestyle choices positively impact society or a group within society, to such a significant extent that they provide “public benefit” and “the moral benefit of all living beings”?

The Charities Commission has clearly given a positive answer to this question, ruling that the purposes of The Vegan Society of Aotearoa are “charitable” and come under one of “the four charity heads” (e.g. presumably “advancement of education”).

The Vegans website states:

“The society is a friendly, informative and professional organisation. It offers resources, information, event notifications, product advice, vegan role models,  recipes and support systems. We put out a quarterly magazine and advise on many things via the website.”

Its homepage mouth-watering articles include: …. “OUR TOP PICK: Navigating the ethically treacherous waters of chocolate.” and “Veg-Yummy Places .. [re] vegetarian-friendly or vegan restaurants.”

http://www.vegetarians.co.nz/vegetarian-info/vegan-society-of-aotearoa/

The 20010/2011  financial accounts of The Vegan Society of Aotearoa that were required to be filed with the Charities Commission no later than 30 September 2011, have yet to be filed and are now almost twelve months overdue. And yet Despite this very serious breach of the Charities Act 2005, this unincorporated Society has not been deregistered or removed from the Charities Register.

The former Chief Executive of the now disestablished Charities Commission, Mr Trevor Garrett, was recently reported by The Hutt News as saying

“… charitable organisations registered with it [the Commission] that had not filed returns six months after the end of their financial year were sent a reminder letter. They get a more “strongly worded” reminder a month or two later and at around three months overdue – which is where HMCT is – “we get to the stage where we look at de-registering. That’s how seriously we take it.”

Mr Garrett had been asked for comment by the paper’s editor, Mr Simon Edwards, on whether or not “The Hutt Mana Charitable Trust’s persistent late filing of financial returns risks it being struck off by the Charities Commission, losing its tax exemption status.”

Dr Carolyn Corderoy, a senior lecturer in Victoria University’s School of Accounting and Commercial Law, who has been engaged in a detailed research investigation into the compliance failures of charities being ‘monitored’ by the Charities Commission with respect to their financial returns, and who was referred to in The Hutt News; has concluded that the levels of non-compliance by charities in New Zealand raises serious concerns.

According to the Charities website (www.charities.govt.nz), The Vegan Society of Aotearoa last filed its financial accounts with the Charities Commission for its financial year ended 31 March 2010. These accounts, uploaded onto the Charities website on 6 October 2011, reveal that its total gross income was $2,950 – sourced from $935 donations and $2,015 from membership fees. Its total expenditure in the year was $306 and the net surplus was $2,644.

It is run with the services of five voluntary staff involving an average about 20 hours of combined work from them, on average each week. There are no paid workers or employees.

It appears that the Charities Commission Registration Team have seen fit to grant The Vegan Society of Aotearoa charitable status under the “third head” [“Advancement of education”] of Lord Macnaghten’s four heads of charity.  It recognises its primary charitable contribution is to be “Community Development” in the specialist roles of “education/training/research”).

Vegan recipes have niche and no-doubt financially lucrative markets on a global scale. Animal activism and vegan charities go hand in paw.

Vegan education is advancing thanks to the Charities Commission, fostered and nurtured via the promulgation of vegan lifestyle teachings and practices.

The “public benefit” gained from New Zealanders embracing the doctrines, teachings and lifestyle patterns of vegans or coming under their influence has been positively grasped in full by the Charities Commission. The uptake  by true believers of the vegan lifestyle will undoubtedly issue in a more holistic, green and animal friendly planet… surely a truly charitable goal for any charity registered by the Charities Commission.

References:

1. Charitable Trust late again with returns, agm

The Hutt News. 3 April 2012. By Simon Edwards

http://www.stuff.co.nz/dominion-post/news/local-papers/hutt-news/6682643/Charitable-trust-late-again-with-returns-agm

“Dr Carolyn Cordery, of Victoria University’s School of Accounting and Commercial Law, took a quick look at HMCT’s trust deed last week and said to be four months’ overdue on filing and holding an annual meeting was “poor”. ”

2. Trust Deed of VEGANZ: The Vegan Society of New Zealand Charitable Trust dated 14 December 2004.

3. Application For Incorporation Of A Society As A Board. Dated 17 July 2002. Received from VEGANZ by National Processing Centre 31 July 2002.

4. Trust Deed of VEGANZ dated 17 July 2002

5, www.vegansociety.co.nz

6. www.vegetarians.co.nz

7. www.charities.govt.nz

8. www.companies.govt.nz

APPENDIX I

15 Name of entity

The name of an entity complies with this section if—

  • (d) the entity is established, or constituted, by an Act under that name; or

  • (e) in any other case, in the opinion of the Board, the name is not—

    • (i) offensive; or

    • (ii) liable to mislead the public.

Section 15(e): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43)

“The Vegan Society of Aotearoa” – a lobby group and registered charity and its “political advocacy”

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“Veganz: the Vegan Society of New Zealand Charitable Trust“, was incorporated on 31 July 2002 as a charitable trust. But was it ever registered as a charity with the Charities Commission on 15 September 2010 (Charity Reg. No. CC45333), under another name: “The Vegan Society of Aotearoa” (an unincorporated Trust formed on 1 May 2010)?

There has never actually been any incorporated entity by the name “The Vegan Society of Aotearoa” in New Zealand and yet it is now a registered charity – registered on 15 September 2010 (Charity Reg. No. CC45333).

Under the Charities Act 2005 all entities registered as charities by the Charities Commission must be registered under their correct legal name if they are a legal entity such as an incorporated charitable trust.

The Vegan Society of Aotearoa is not an incorporated  entity and it was registered as a charity with the Charities Commission under this name, which is permitted under section 15 (e) of the Charities Act 2005.

The “aims and objectives of the the Vegan Society of New Zealand Charitable Trust (“Veganz), an incorporated body, are set out  in section 3 of its five-page Trust Deed dated 14 December 2004 and include the following:

3.1 To offer support and information to people interested in veganism in order to assist vegans and others to maintain a healthy, balanced diet.

3.2 To promote and increase the awareness of veganism as a compassionate, healthy and environmentally beneficial lifestyle choice.

3.3. To raise awareness of the cruelty and exploitation involved with the production of animal based products and that it is unnecessary to inflict suffering and death on animals in order to lead to healthy and happy life.

3.4 To research information relevant to a vegan lifestyle and where appropriate to publish this information.

3.5 To lobby for manufacturers to use non-animal based materials in their products.

3.6 To support ethical alternatives to animal based and/or environmentally harmful research and production and when appropriate to lobby governmental and non-governmental bodies to change such practices.

3.7 Promote respect and compassion towards all animals and he environment by appropriate means.

3.8 To develop and maintain positive relationships with organisations with similar aims and objectives, and to offer such organisations support where appropriate.

In 2010 the Charities Commission approved “charitable status” to the unincorporated “Trust” (The Vegan Society of Aotearoa) which has clear links to the political “lobby” group – VEGANZ: The Vegan Society of New Zealand Charitable Trust, as defined by the latter’s two “aims and objectives” (3.5 & 3.6).

S. 3.6 clearly states that the targets of Veganz lobbying crusades to be “governmental and non-governmental bodies to change such practices [as] animal based/ or environmentally harmful research and production”.

When the Charities Commission granted The Vegan Society of Aotearoa charity status, it effectively affirmed this object (s. 3.6) as a  “charitable” – lobbying against almost every “animal based …. research and production” activity involved in our primary production sector, as well as any and every other research activity that Veganz judge to be “environmentally harmful”.

The means of changing the harmful, and “morally wrong practices” specified by Veganz, based on their activities, entail campaigns lobbying for law and policy changes (“political advocacy”).

The Vegan Society of Aotearoa, a registered charity, has as one of its “charitable purposes” – To “take action consistent with … promot[ing] veganism as an environentally, friendly, healthy and compassionate way of life.”

Society members under the cover of this apparently innocuous “charitable purpose” are in effect free to pursue all the objects set out in the Veganz Charitable Trust Deed – as they too promote veganism.

Veganz has been committed to a clearly defined political agenda since its incorporation. This involves lobbying “manufacturers” (s. 3.5), “government and non-government bodies” (s. 3.6) so that certain laws and policies relating to animal treatment and welfare can be changed and substituted with ones that are approved by Veganz members and the wider “animal rights” campaign networks, a number of which are also registered charities (e.g. SAFE – Save Animals From Exploitation).

A founding trustee of The Vegan Society of Aotearoa, Ms Amand Sorrenson, is currently Promotions Manager for SAFE (Save Animals from Extinction), an “animal rights” campaigner/lobby heavily involved in “political advocacy”. (See: http://www.safe.org.nz/Contact-Safe/).

Notes:

The charitable trust “Veganz” was incorporated as a Trust on 31 July 2002 (Reg. No. 1230157).

References:

Trust Deed of VEGANZ: The Vegan Society of New Zealand Charitable Trust dated 14 December 2004.

www.charities.govt.nz

www.vegansociety.org.nz

www.vegetarians.co.nz

“The Vegan Society of Aotearoa” – a “charitable trust” that is NOT incorporated

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On 15 September 2010 the Charities Commission granted registered charity status (Reg. No. CC. 45333) to “The Vegan Society of Aotearoa“, which is not an incorporated entity. Its “Trust” Deed dated 1 May 2010, lodged on the Charities website, states: “The parties to the Deed wish to establish a charitable trust” and have the three trustees “incorporated as a Board under the provisions of the Charitable Trusts Act 1957.” This application for incorporation signed by a Justice of the Peace on 1 May 2010 was never submitted to the Companies Office, so the entity has never been incorporated under the Act.

At the time the entity’s application for charity status was before the Charities Commission, the latter’s Registration Team should have known that The Vegan Society of Aotearoa had never been incorporated and therefore its name had not been “established or constituted by any Act”. In such cases s. 15(e) of The Charities Act 2005 requires the Commission to ensure that its “name is not liable to mislead the public“.

“The name of an entity [seeking charity status] complies with this section [S. 15] if … (e) in the opinion of the Board, the name is not offensive; or liable to mislead the public.” [Emphasis added]

The public are entitled to accountability from any entity registered as a “charity” with Charities Commission. However, the 20010/2011  financial accounts of The Vegan Society of Aotearoa that were required to be filed with the Charities Commission no later than 30 September 2011, have yet to be filed and are now almost twelve months overdue. And yet Despite this very serious breach of the Charities Act 2005, this unincorporated “charitable trust” has NOT been deregistered and removed from the Charities Register.

The granting of charity status in 2010 to “The Vegan Society of Aotearoa “- by the Charities Commission, and its acceptance of that entity’s name –  might well be of concern to some; given the fact that an incorporated charitable trust with effectively the same name has been in existence since 2002 – The Vegan Society of New Zealand Charitable Trust. Only the latter is a charitable trust incorporated under The Charitable Trusts Act 1957.  Both Trusts have used the country name New Zealand-Aotearoa/Aotearoa-New Zealand in their respective names. But they are NOT the same charitable entity.

There has been, and there remains, a very real potential for the public to be misled by The Vegan Society of Aotearoa – as to its real status. It has not been incorporated under the Charitable Trusts Act 1957.

Appendix

Name of entity

  • The name of an entity complies with this section if—

    • (d) the entity is established, or constituted, by an Act under that name; or

    • (e) in any other case, in the opinion of the Board, the name is not—

      • (i) offensive; or

      • (ii) liable to mislead the public.

    Section 15(e): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

http://www.legislation.govt.nz/act/public/2005/0039/latest/DLM345025.html

VEGANZ: The Vegan Society of New Zealand Charitable Trust and political lobbying

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In 2005, Ms Sandra Murray Coordinator & Trustee of  Veganz (the Vegan Society of New Zealand Charitable Trust), of which she was Coordinator & Trustee”, conducted a survey of 101 vegans in New Zealand and found that the majority became vegans primarily for animal rights reasons, with the next highest recorded being for health reasons. Environmental reasons were cited by a very smal number of respondents, roughly the same number as cited spiritual/religious reasons and allergy/intolerance reasons (Energy & Food, Iss. 83, August 2005, pp. 8-9).

The notion of animals having “rights” is a highly charged and controversial subject in the field of bioethics and ethics/philosophy. It is indisputable that humans have rights not to be killed and eaten by other humans. But do all animals have the same “rights”? Many “animal rights activists” and doctrinaire vegans sincerely believe they do. The vast majority of reasonable-minded people believe they do not. The link between “animal rights” activism and veganism is well-established.

Is it significant that a founding trustee of The Vegan Society of Aotearoa, Ms Amand Sorrenson, is currently Promotions Manager for SAFE (Save Animals From Exploitation), an “animal rights” campaigner/lobby heavily involved in “political advocacy”. (See: http://www.safe.org.nz/Contact-Safe/)? SAFE was registered as a charity with the Charities Commission on 30 June 2008 (Reg. No. CC44028).

Ms Sandra Joanne Murray is listed as “Coordinator & Trustee” of VEGANZ, on its Trust Deed and on the Statutory Declaration accompanying the application for the incorporation of VEGANZ: The Vegan Society of New Zealand Charitable Trust, witnessed by Auckland barrister, Ms Metiria Stanton Turei (currently co-leader of the Green Party MP). Both documents are dated 17 July 2002 and were uploaded onto the Companies website on 31 July 2002.

Along with three other trustees, Ms Murray’s signature is also recorded on the Application For Incorporation of VEGANZ as a Board, dated 29 July 2002 and received by the National Processing Centre of the Companies Office on 31 July 2002 (uploaded on Companies website on 31/07/2002).

On 3 October 2004 the VEGANZ Trust Deed was amended and Ratified at the Trust’s AGM. A copy was signed by Ms Sandra Murray “to be a true and correct copy of the Trust Deed of VEGASNZ: The Vegan Society of New Zealand” on 14 December 2004. It was uploaded onto the Companies website on 20 December 2004. Its registration number is 1230157.

Two of the “aims and objectives” (section 3) of VEGANZ Charitable Trust Deed make it clear that this incorporated Trust is an “animal rights” lobby group.

s. 3.5 To lobby for manufacturers to use non-animal based materials in their products.

s. 3.6 “To support ethical alternatives to animal based and/or environmentally harmful research and production and where appropriate to lobby government and non-government bodies to change such practices.