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SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

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SAFE: “Political advocacy advertising” by a registered charity – lobby group

May 11, 2013 by SPCS Leave a Comment

SAFE (Save Animals From Exploitation Incorporated), a registered charity (CC40428), funded an expensive “political advocacy advertising” “campaign” on Television Four during 2012/13 – aimed at changing New Zealand law to bring an end to factory farming of pigs and chickens. The slick emotive propaganda depicting scenes of emaciated and crowded caged farm animals, screened at 7.35 p.m. during “a family orientated movie”. Towards the end a SAFE logo appears along with the words: ”imagine a world without factory farming” pointing viewers to the website “www.stopfactoryfarming.org.nz” (run by SAFE campaign director Eliot Pryor and featuring a promo by SAFE director Hans Kriek). The song “Somewhere” was played in the background as a piglet was shown sprouting wings and escaping from the crate. (Mr Pryor was part of the ground crew coordinating the blockade of Mainland Poultry by SAFE and other animal “rights” activist groups in June 2012).

See: https://www.spcs.org.nz/2012/safe-save-animals-from-exploitation-a-registered-charity-its-political-advocacy/

https://www.spcs.org.nz/2012/safe-save-animals-from-exploitation-a-registered-charity-demands-ban-on-rodeo-animal-abuse-industry/

In response to a complaint to the Advertising Standards Authority (ASA) by M. Burton, who described the SAFE advertisement as “appalling”, “emotive” and using “ cynical shock tactics” to influence vulnerable children, the ASA Board ruled (Decision 13/051) that the “images shown in the advertisement were emotive and may be distressing to some viewers”. Whilst it ruled that the advert did not exceed the limits of GXC classification guidelines, it noted that the Commercial Approval Bureau on behalf of Media classified it as “political advocacy advertising”.

The charity SAFE has only two “objects” in its Constitution and both were approved as “charitable” when it was registered as a charitable entity by the Charities Commission on 30 June 2008. They are:

(1) “raising awareness of the suffering, abuse and exploitation of animals” and

(2) “promoting education on human-animal relations”.

SAFE gained charity status on the basis of its “Advancement of Education”. However, it is well-documented and obvious to the public and media that one of its primary objects (deliberately unstated) is to change the law in relation to the treatment of farmed animals – and this involves it aggressively engaging in “political advocacy” campaigns that go much further than just raising awareness of a problem(s).

SAFE’S call for “STOPfactoryfarming” is a very different propaganda call to one that encourages farmers to merely modify their farming practices and comply with existing New Zealand law.

In its response to the ASA Board investigation, SAFE tried to defend its propaganda advert stating that its purpose was to:

“… inspire and empower people to TAKE ACTION ON BEHALF OF THESE ANIMALS. The TVC invites people to suspend belief – to believe in a world where animals can sing and pigs can fly, an END TO FACTORY FARMING is in fact possible” [Emphasis added].

Eliot Pryor and his team of political campaigners are so passionate about changing the law that they break the law to impose their beliefs on others. For example, blocking a roadway and preventing workers accessing Mainland Poultry in 2012, deprived other citizens of their rights to go about their lawful business. Such unlawful actions are the ‘bread-and-butter’ pursuits of Greenpeace activists and Greenpeace has so far been refused charity status based in part on its involvement in such activities.

On the positive side, registered charities are entitled under the Charities Act 2005 to engage in “political advocacy” if it advances one or more of its charitable purposes, provided the extent and degree of such advocacy is only ancilliary to its purposes.

In the case of SAFE’s advertising campaign and its officers’ protest actions that breached the law, such activities involving demands for changes in the law, are not signalled in any shape or form in the purposes of the charity.

Whilst not upholding the complaint from M. Burton, the ASA Board took the view that “the advocacy advertisement [engaged in by SAFE] was intended to raise awareness about the cruelty of caged animal farming”. However, it clearly went much further than that by pointing to its propaganda website “stopfactoryfarming.org.nz”. A careful analysis of the activities of SAFE (see: www.safe.org.nz) and its associated websites reveals that SAFE is an animal “rights” lobby group that perpetually advocates for a particular point of view and is intent on changing the law.

“Advocacy advertising” is a expression of opinion and is a desirable part of the functioning of a democratic society” (Principle 11 ASA Code of Ethics). However, in the case of SAFE, there appears to be nothing in its constitution that connects it with this charity’s perpetual advocacy of the view that the law on farming practices must be changed to prevent the alleged widespread “cruelty” and “torture” of animals in New Zealand.

Note: In another complaint against the advertisment from O.Turk (Decision No. 13/043 dated 21/02/13) the Chairman of the ASA ruled that there were “No Grounds to Proceed”, but did note that it constituted “advocacy advertising”.

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Filed Under: Political Advocacy Tagged With: advocacy advertisement, ASA, charitable purpose, Eliot Pryor, Hans Kriek, political advocacy, SAFE, Save Animals

National Council of Women NZ a charity again but vows to keep bite

May 11, 2013 by SPCS Leave a Comment

Timaru Herald (11 May 2013) reports: Timaru National Council of Women New Zealand members are celebrating the organisation regaining its charitable status after a 2 -year battle.

NCWNZ lost its registration in 2010, one year after being first registered as a charity, due to its alleged political lobbying.

Timaru council president Avril Demetriades said they were shocked when they lost the charity status as they had not changed what they had been doing.

“We are not party political, we treat all governments the same and give them hell when we think they need it.”

She said all types of people benefited from NCWNZ’s work, not just women and children.

Its budget did not allow for an appeal against the deregistration at the time; instead it reapplied.

National president Elizabeth Bang said the successful reapplication was backed up by boxes of evidence on the organisation’s activities.

New Zealand was the first NCW in the world to be deregistered, which Mrs Bang said was quite ironic.

“We were the first country to give women the vote.”

She said it had been worth persevering as the lack of registration had affected the council badly, as it could not apply to trusts for funds without it and was dependent on membership fees only.

The organisation did not have a single focus as it had members who were far Left and far Right in their views and it would continue to make submissions on a variety of issues, Mrs Bang said.

“We have proven education, and public benefit and we are not for profit.”

NCW FACTS

Established in 1896 at a women’s convention in Christchurch with suffragette Kate Shepherd. Its aim is to serve women, family and community through research, information, representation and action. There are 23 branches throughout New Zealand, and about 4500 members. which includes those who do not belong to a branch

Source:

http://www.stuff.co.nz/timaru-herald/news/8660208/NCW-a-charity-again-but-vows-to-keep-bite

Story by Esther Ash-Coventry. 11 May 2013

Fairfax NZ News

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Filed Under: Other, Political Advocacy Tagged With: charitable staus, charity status, deregistered, NCWNZ, political lobbying, public benefit

Greenpeace declined charity status but now seeks Supreme Court ruling on its political advocacy

May 6, 2013 by SPCS Leave a Comment

Greenpeace, after having lost its bid to the Charities Commission for charity status,  has recently won a case in the Court of Appeal allowing it to reapply to the Charities Registration Board (now part of the Department of Internal Affairs, following the disestablishment of the Commission). However, rather than reapplying at this stage, the environmental lobby group’s lawyer, Davey Salmon, has applied to the Supreme Court to try and overturn the lower Court’s decision on two grounds, including the extent to which political advocacy is allowed.

The National Business Review reports:

In November, Justices Rhys Harrison, Lyn Stevens and Doug White set aside the then-Charities Commission’s 2010 decision to decline the lobbyists’ charity status.

Greenpeace says whatever the outcome of the Supreme Court appeal, the bid for charity status will still need to be reconsidered.

The Court of Appeal judges referred the Greenpeace application back to the Charities Commission’s replacement – the Department of Internal Affairs and the Charities Registration Board for reconsideration.

In its finding, the Court of Appeal said the organisation’s political advocacy needs to be “truly ancillary” to its principal charitable objectives.

The lobby group’s political involvement was central to the then-Charities Commission’s refusal to grant the application.

Back in 2010, the commission found:

  • Two of Greenpeace’s objectives – promoting “peace” and “disarmament” – were political, not charitable.
  • Greenpeace was involved in illegal activities, such as trespassing; therefore it was not maintained exclusively for charitable purposes as illegal purposes are not charitable.

In its decision, the commission also referred to a number of mission statements on the Greenpeace website, including:

  • We are actively campaigning for international disarmament.
  • We believe greater peace, greater security, greater safety is possible. Reaching out across national boundaries Greenpeace is working with citizens and political leaders around the world to make this happen.

In order to be registered as a charity an organisation must be established and maintained exclusively for charitable purposes. Political purposes are not charitable purposes.

An organisation may, however, be registered as a charity if it has a political purpose so long as the political purpose is ancillary to the charitable purposes of the organisation and is not an independent purpose.

A date has yet to be set for the Supreme Court hearing.

Source:

Political Greenpeace unhappy with charity win – wants more

By Blair Cunningham. Monday March 11, 2013

http://www.nbr.co.nz/article/political-greenpeace-unhappy-charity-win-wants-more-bc-137076

See Court of Appeal Ruling:

http://www.charities.govt.nz/assets/docs/registration/judgments/GreenpeaceNZIncmediarelease.pdf

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Filed Under: Political Advocacy Tagged With: charitable purposes, Charities Registration, charity status, Greenpeace, international disarmament, political advocacy, Supreme Court

National Council of Women (NCWNZ) wins back charitable status

May 6, 2013 by SPCS Leave a Comment

NCWNZ Media Release (19 April 2013)

“The National Council of Women of New Zealand (NCWNZ) is absolutely delighted that it has
regained its rightful place on the charities register,” National Council of Women of New Zealand
(NCWNZ) President Barbara Arnold said today.

Barbara Arnold was commenting on the decision of the Board of the Charities Commission to
reinstate NCWNZ as a registered charity, after deregistering it in August 2010.

“It has taken 32 months of hard work and considerable anxiety to have the 2010 decision
reversed. We are especially grateful to Sue Barker Charities Law, without whose hard work we
simply would not have been able to achieve this outcome,” Barbara Arnold said.

“We always knew the Commission’s original decision was wrong. The fact that NCWNZ was alone

among other national councils of women throughout the world in being a non registered charity

was a telling factor in itself.

“However the work involved in overturning the decision has been significant. We feel for other
charities which may be forced to accept an adverse decision because they do not have the
resources to challenge it. We need to ask as a community whether the system we have in place for
challenging decisions of the charities regulator is working for us as a country.

“In the 117 years since its establishment, NCWNZ has worked tirelessly for the betterment of
women, the family and the community. This decision puts NCWNZ back where it belongs as a
registered charitable entity and allows us to get on with what we have been doing for over a
hundred years and what we aim to continue doing for many more,” Barbara Arnold said.

ENDS

For more information contact:
Elizabeth Bang
Immediate Past President NCWNZ

http://www.ncwnz.org.nz/assets/Uploads/NCWNZ-wins-back-charitable-status.pdf

http://www.scoop.co.nz/stories/PO1304/S00239/ncwnz-wins-back-charitable-status.htm

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Filed Under: Political Advocacy Tagged With: charitable status, charities register, National Council of Women, NCWNZ

Women’s advocate wins trust battle for charitable status

May 6, 2013 by SPCS Leave a Comment

The Manawatu Standard (20 April) reports:

Palmerston North women’s advocate Barbara Arnold has led the National Council of Women of New Zealand [NCWNZ] to victory in the battle to get reinstated as a charitable trust.  [As of 6 May NCWNZ has yet to receive the full decision of the Charities Registration Board/Department of Internal Affairs, setting out the reasons and the grounds for the reasons for the reinstatement]

The council, established 117 years ago to empower women, family and the community, was deregistered by the Charities Commission in 2010 after a review of the Charities Act.

Ms Arnold, the national president, said it has taken 32 months of hard work and considerable anxiety to have that decision reversed.

“We always knew the commission’s original decision was wrong,” she said.

“The fact the council was alone among other national councils of women throughout the world in being a non-registered charity was a telling factor in itself.”

Ms Arnold said the work involved in overturning the decision was significant and could be common among other not-for-profit groups.

“We feel for other charities which may be forced to accept an adverse decision because they do not have the resources to challenge it,” she said. “We need to ask as a community whether the system we have in place for challenging decisions of the charities regulator is working for us as a country.

“The decision puts the council back where it belongs as a registered charitable entity and allows us to get on with what we have been doing for over a hundred years and what we aim to continue doing for many more.”

Source

Women’s advocate wins trust battle

http://www.stuff.co.nz/manawatu-standard/news/8576018/Womens-advocate-wins-trust-battle

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Filed Under: Other Tagged With: Barbara Arnold, charitable status, Charities Commission, Council for Women, NCWNZ, non-registered charity, registered charitable entity

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