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SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

National Council of Women (NCWNZ) wins back charitable status

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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

Women’s advocate wins trust battle for charitable status

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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

New Charities Registration Board appointed

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Community and Voluntary Sector Minister Jo Goodhew announced today the members of the newly established Charities Registration Board.

From 1 July, the functions of the former Charities Commission will be undertaken by the Department of Internal Affairs.

“The new Charities Registration Board will be established on 1 July and will make independent decisions on applications from organisations that wish to register for charitable status,” Mrs Goodhew says.

“It will also decide the removal of charitable status from registered charities that do not continue to meet the necessary requirements.

“I am pleased to announce that I have appointed Roger Miller as Chair of the new Charities Registration Board.

“Mr Miller is a Wellington lawyer and Registered Trustee, whose specialisations include trust law and governance. He chairs the Scots College Foundation and the Porirua City Council Community Services Board and is a trustee of Performing Arts Foundation of New Zealand.”

The other two members of the Board are:

Caren Rangi, a chartered accountant and audit specialist from Napier. Ms Rangi has extensive community governance experience and is currently a board member of the Broadcasting Commission (NZ On Air) and a trustee of the Eastern and Central Community Trust.

Kirikaiahi Albert, a Wellington lawyer with experience in taxation, Treaty settlements and iwi governance. Ms Albert is active in the M?ori legal community, Wellington rugby league and international indigenous networks.

“Together the members bring the skills, experience and diversity necessary to fulfil the independent functions of the Board in a manner that over time will earn the confidence of the charitable sector and the New Zealand public.”

There will be no substantive changes for registered charities or applicants for registration arising from the transition to the new structure. Access to information about charities on the Charities Register and all the educational guidance developed for charities will continue to be available on the website www.charities.govt.nz.

Source: http://www.national.org.nz/Article.aspx?ArticleID=38852

also:  http://feeds.beehive.govt.nz/release/new-charities-registration-board-appointed

Charitable Status: A New Form of Social Control?

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Nicola M Drayton-Glesti, a Legal Entities lawyer at the Wellington Community Law Centre has warned ……

The Charities Commission may be exerting informal social control over community groups. If a group undertakes too much law reform or political advocacy, their charitable status could be removed. This makes community groups’ existence extremely fragile, and is very concerning: the very important “grass roots” voices in our community may slowly be silenced. We do not know how many times a group can write submissions on proposed law changes, appear in front of a Select Committee of Parliament, participate in protest meetings or write letters to the newspaper before their charitable status becomes endangered. Many are now calling for a review of the Charities Act to establish a more modern definition of the word “charitable”.

A review had been set for 2012 but now has been deferred until 2015. International comparisons may be useful here. In 2006, the Australian Tax Office (ATO) removed the charitable status of a small organisation called Aid/Watch which was set up to monitor research and report on the Australian Government’s overseas aid programme. Aid/Watch had specifically criticised the government’s spending of the Tsunami Aid Fund. They lost charitable status because of their “political activities”. In December 2010, the High Court of Australia confirmed that Aid/Watch was in fact entitled to charitable status because:

1. The distinction between politics and charity work is no longer clear. Modern charities are expected to “have a view” on government policy and write submissions etc.

2. Agitation for legislative and political change has a long history in Ausralian democracy and is reflected in the Australian constitution. Ignoring this could restrict the “freedom of speech” of charitable organisations.

The High Court concluded that “public debate by lawful means is beneficial to the community.” This decision lends weight to the early review here of the term “charitable purpose,” and gives clear guidance of what “charity” could mean in modern New Zealand society. How many groups will still be freely advocating for their communities in 2015, without the fear of losing their charitable status? Are we in danger of losing a vital piece of our democracy?

An Extract from: Charitable Status: A New Form of Social Control?

by Nicola M Drayton-Glesti, Community Lawyer – Wellington Community Law Centre

Contribution to a legal seminar on “Getting and Keeping Charitable Status” held by the Wellington Law Centre

Source: Wellington Community Law Centre – Community Newsletter October-November 2010

See: www.wclc.org.nz/wp-content/uploads/WCLC-December-2010.pdf