SPCS

SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

An independent and objective view of charitable Trusts – Juliet Chevalier-Watts

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Waikato University Senior Law Lecturer Juliet Chevalier-Watts says New Zealand has stringent laws pertaining to charitable trusts that have evolved in line with social, political and economic pressures.

“There’s a feeling in some New Zealand organisations that we should follow Australia,” she says. “Already organisations including Greenpeace, which clearly has overt political objectives, have been challenging the status quo, and it is now very likely that Greenpeace will be registered as a charitable trust.”

Juliet Chevalier-Watts

Full size image here.

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

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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

Greenpeace allowed to reapply for charity status with Department of Internal Affairs

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GREENPEACE is to be allowed to reapply for charity status with the Department of Internal Affairs [DIA has now taken over the role of the Charities Commission which was recently disestablished]

The environmental  lobby group had applied to be a charity in 2008, but the Charities Commission rejected  its application on the grounds that two of its objectives were political,  and not charitable.

The commission had also said that Greenpeace might be involved in  illegal activities, like trespassing, which could not be charitable.

After  an appeal to the High Court, Justice Paul Heath agreed that Greenpeace  should not be registered but made no ruling on any illegal actions. Greenpeace then took the case to the Court of Appeal.

The Court of Appeal today ruled that the object of promoting peace  through nuclear disarmament and the elimination of weapons of mass  destruction was a charitable purpose.

The Court of Appeal concluded  that the public benefit of nuclear disarmament and the elimination of  all weapons of mass destruction is now sufficiently well-accepted in New  Zealand society that the promotion of peace through these means should  be recognised in its own right as a charitable purpose.

During the Court of Appeal hearing Greenpeace indicated it would look at  making changes to its objectives, such as changing its rules to limit  political advocacy to activities that furthered its charitable objects.

Greenpeace’s application is to be sent back to be re-considered with the changes in place.

The Charities Commission has since been disestablished and the group’s  application will now go to the Internal Affairs Department chief  executive and the Charities Registration Board, which still has to decide  whether Greenpeace’s political activities are ancillary to its  charitable purposes.

The court said the board would also have to consider whether under the changed rules Greenpeace was involved in illegal activities or is likely  to be involved them in the future.

Greenpeace executive director Bunny McDiarmid said the group was “delighted the Court of Appeal recognised that promoting peace and nuclear disarmament was for the public benefit”. She said today’s ruling provided more clarity on what it meant to  be a charitable organisation promoting causes such as peace and nuclear  disarmament in the 21st century. “We will always remain non-party political promoting good environmental outcomes supported by nearly 60,000 Kiwis.”

Source: Greenpeace allowed to reapply as charity. Stuff News. 16/11/12

http://www.stuff.co.nz/national/7960488/Greenpeace-allowed-to-reapply-as-charity