registered charity

Schools at odds with parents over HIV information obligation

February 9, 2015 by SPCS Leave a Comment

The New Zealand AIDS Foundation, a registered charity, says it is against the law to require families to disclose a child’s status.

Parents of children with HIV are under no legal obligations to inform their child’s school – despite several schools having a policy insisting that they do.

About 50 children enrolled in schools have HIV, according to Shaun Robinson, executive director of the charity.

The Herald conducted an online search of schools after revelations a New Zealand father who had refused to seek treatment for his 9-year-old son, who has HIV, was being taken to court by a district health board.

The board is seeking guardianship of the boy so treatment can be administered. The boy’s father has not told him, or his school, that he has HIV.

A number of schools – primary, intermediate and colleges – state on their websites that head staff must be notified of any child with HIV.

One school said the principal, board of trustees and the school’s guidance counsellor should know if a child was carrying HIV. Other schools’ websites said they would not exclude or discriminate against children with HIV/Aids or any other blood-borne viruses.

But the decision was up to the child’s parents, said Shaun Robinson.

Source: NZ Herald on line 9/02/15.

Full story: http://www.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=11398630

Political advocacy charity – Child Poverty Action Group Inc. – fails to file financial accounts

August 31, 2013 by SPCS Leave a Comment

Political advocacy group – Child Poverty Action Group Inc. [“CPAG”] – a registered charity (CC25387), and an incorporated society (No. 921414), is directed by Associate Professor Susan St John of the University of Auckland. [http://homes.eco.auckland.ac.nz/sstj003/] St John was appointed as an officer of CPAG on 5 June 2008 on the date the Society was granted charity status by the Charities Commission.

The NZ Herald reported yesterday that St John says CPAG was considering its next move in consultation with its lawyers, following a negative decision issued by the Court of Appeal against its challenge to the Government’s in-work tax credit, that claimed discrimination against beneficiaries. CPAG took the case to the Court of Appeal, which was heard in May 2013, after both The Human Rights Review Tribunal and the High Court ruled against it.

Who exactly are these CPAG lawyers? What fees have they been charging the charity to engage in political advocacy?

These questions are important as none of the financial accounts lodged by CPAG with the Charities Commission and/or Register of Incorporated Societies record any costs (or associated liabilities) incurred by it in legal action. CPAG remains in breach of the law having failed to file financial statements for the years 2005, 2006 and 2007 – the three years prior to it gaining charity status. As an incorporated society, CPAG is required by law – the Incorporated Societies Act 1908 – to do so. How could such a group with its financial accounts in such apparent disarray and continuing to remain in breach of the law, be granted charity status and continue to operate as a political lobby group/political advocacy group?

References:

NZ Herald. Story by Lucy Bennett. 30 August 2013

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11117118

www.charities.govt.nz

www.societies.govt.nz

Child Poverty Action Group Inc: Court of Appeal rules against this charity’s appeal.

August 31, 2013 by SPCS Leave a Comment

Child Poverty Action Group Inc., [“CPAG”] a registered charity (Charity No. CC25387) deeply committed to political advocacy, has had its appeal to the Court of Appeal to have the Working for Families package made available to beneficiaries, dismissed. The appeal was heard in May 2013. Wikipedia describes CPAG as a “political advocacy group for the abolition of poverty and social exclusion, led by senior University of Auckland economist Susan St John” [appointed CPAG officer 5/06/08].

In 2006 the Government enacted the Working for Families tax-credit scheme to offer financial support for struggling families. CPAG which was registered as a charity with the Charities Commission on the 5th of June 2008, alleged the scheme’s in-work tax credit discriminated against people who receive income-tested benefit, as those who already received benefits were ineligible.

On Thursday 18 May 2006 CPAG defeated a New Zealand Government appeal in the High Court that would have prevented it from taking “legal action against the Government’s Working for Families package.” CPAG decided to take legal action because it felt that the Working for Families package discriminated against the children of parents on benefits. [see ref. 1]

CPAG had a total gross income of $156,962 for the financial year ended 31 March 2012, including $100,000 received from the JR McKenzie Trust and $30,729 from donations. Its total expenses were $118,298 and from that $42,600 was paid out in wages for “administration” and $59,288 in wages to a “researcher”. The total wages $101,888 paid out to three people employed part-time and together working on average a total of 60 hours per week, plus ACC ($567 paid on behalf of employees); constitutes 65% of total gross income of the charity. If the “office administration” costs of $3,393 are added to these expenses, the figure increases to $67%.

The Office of Human Rights Proceedings (OHRP) represented CPAG in both the Human Rights Tribunal and the High Court cases relating to the In-Work Tax Credit case.

As an incorporated society (No. 921414), registered as such on 13 August 1998 under the Incorporated Societies Act 1908; CPAG has failed to comply with the law and file Financial Statements for the years 2005, 2006 and 2007 with the Companies Office. Despite these serious breaches of the law, the Charities Commission registered the entity as a charity on 5th June 2008.

CPAG officers amended the entity’s constitution on 10 April 2008, shortly before it was registered as a charity with the Charities Commission. Nothing in the constitution empowers or authorises its officers to take legal action in a political advocacy role to challenge existing laws as part of its “charitable activities”.

References:

Ref 1. http://www.nzherald.co.nz/child-poverty-action-group/news/article.cfm?o_id=600551&objectid=10382423

2. www.societies.govt.nz

3. www.charities.govt.nz

4. Dominion Post, August 31, p. A3.

4. http://en.wikipedia.org/wiki/Child_Poverty_Action_Group_(Aotearoa_New_Zealand)

Further reading:

Poverty group’s appeal against tax credit dismissed.

By Lucy Bennett. 31 August 2013

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11117118

Child Poverty Action Group website:

http://www.cpag.org.nz/

http://www.cpag.org.nz/in-focus/cpag-in-the-court-of-appeal/

Child Poverty Action Group v Attorney-General: employment status discrimination

See: Links –

Tribunal Decision

http://www.nzlii.org/nz/cases/NZHC/2010/1568.html

High Court Decision

http://www.hrc.co.nz/office-of-human-rights-proceedings/part-1a-decisions

Relationships Aotearoa Inc – an $8m government-funded charity

July 17, 2013 by SPCS 1 Comment

Relationships Aotearoa Inc, a registered charity (CC24033) which received $7.91 million in government funding last financial year (ended 30 June 2012), via Child Youth and Family and Ministry of Justice operating grants, is described in the Dominion Post today as a “family counselling organisation” for which “marital status was not the most important factor in raising children” [Emphasis added]. However, this charity that employed 60 full time workers and 250 part-timers last year and spent $8,184,156 on wages and salaries last as well as $11,600 on its honorarium payments to central boardroom members, has no mention of, let alone definition of, the words “marriage” or “family” or “marital status” or “children” in its Constitution and Rules (amended and approved at its AGM on 26 November 2012).

Its Constitution Objects” (available on the Charities website (www.charities.govt.nz) have all been approved by Charity Services/Department of Internal Affairs as serving “charitable purposes”. There is no mention anywhere in the Constitution/Rules that the charity has any obligation, duty of care or interest in educating parents, whether married or unmarried, in the “raising [of] children”. The entire focus of this charity which had a total operating income last year of $13,070,460 is on enhancing undefined “relationships”.

Midlands regional manager of Relationships Aotearoa, Ash Smart, is quoted in the Dominion Post as saying: “[Marital status] is not the issue [in raising children]. The issue is: Are they being born into strong and healthy relationships?”.

Family First NZ, another registered charity, while agreeing that strong and healthy relationships are important, puts such a statement in context – i.e. such relationships are important in the raising of children. It contends that children thrive best when raised by a loving mother AND father who are committed to each other in marriage. It recognises the excellent parental achievements of solo parents, de facto parents, and parents who adopt children, but emphasises that an input to children’s upbringing/nurture etc from both a father AND a mother (living together in a committed relationship) is the ideal environment in which to raise children.

So focused on undefined “fulfilling relationships” is the charity Relationshiops Aotearoa, that the closest and most precise statement about the $8m state-funded charitable activities of its employees is limited to the following:

Objects include:

3.1 To promote and advance the Society throughout New Zealand.

3.2 To support the people of Aotearoa/New Zealand to create fulfilling relationships by providing quality service including counselling, information and resources, and by building awareness of the importance of strong and healthy relationships.

3.3 To recognise and honour Te Tiriti O Waitangi.

3.1 To promote education for relationships throughout New Zealand.

The Dominion Post points out:

“Children needed to be in a home with love and warmth, and evidence showed having their biological parents around increased the likelihood of this.”

Family First NZ has for many years highlighted this very point, but gone much further by researching and publicising the factors that sadly lead to family breakdown and child abuse etc.

The Society for Promotion of Community Standards Inc, (“SPCS”) has as one of its objects: “To promote wholesome personal values, including strong family life and the benefits of lasting marriage as the foundation for stable communities.” (Constitution. s. 2[c]).

SPCS points out that loving and committed relationships between spouses in marriage is fundamental to the success of Society’s “natural and fundamental unit” – THE FAMILY. Supporting and promoting stable marriages should be seen by government as beneficial to Society’s well-being and future.

New Zealand and Australia are both signatories to Article 16 of The Universal Declaration of Human Rights (1948), as are all member States of the United Nations

Article 16 states:

16 (1) Men and women of full age, without any limitation due to race, nationality or religion, have a right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

16 (2) Marriage shall be entered into only with the free and full consent of the intending spouse.

16 (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

See: www.un.org/en/documents/udhr/index.shtml

Note: The Relationships Aoterora Inc. website “Relationships Aotearoa: counselling & educating” listed on the Charities website as:

www.relationshipsaotearoa.org.nz

…. is currently NOT functioning. Its homepage states: ‘Our website is now under construction and coming soon’

Rainbow Wellington: Political advocacy of a charity supporting “LGBTI communities”

May 28, 2013 by SPCS Leave a Comment

Rainbow Wellington – The Wellington Rainbow Network Incorporated is a registered Charity (No. CC43245 registered on 30/06/08) that was incorporated as a Society (Inc. No. 854300) on 15/07/1997 under the name “GAP-The Business and Professionals Association Incorporated”. Its name was changed from GAP to “The Wellington Rainbow Network Incorporated” on 19/05/2007 and it is widely recognised as having engaged in political advocacy as one of its primary (unstated) objects for years. Such advocacy work tends to go on under under the radar and is largely unnoticed by those who think the Network’s focus is on the more “visible” activities such as financing “events” for the “lesbian, gay,bisexual, transgender, and intersex (l,g.b,t,i) communities”.

An article published on GayNZ.com on 26th May 2013 provides reflections from Tony Simpson who has just stepped down after “the best part of a decade” on the Rainbow Wellington Board, mostly as chair. He reflects on some of his proudest RW [Rainbow Wellington] moments and the issues he thinks are most important moving ahead.

“Although RW tends to work under the radar and so its achievements go mostly unnoticed I would count among our successes: getting a major international insurance company to change its application forms to exclude some highly offensive personal questions.

“We have also been instrumental in reaching a position at our initiative with the Salvation Army which ensures that for the immediate future they will at worst remain neutral in any controversy over gay rights and at best take an active support role on some other issues if RW wants to build on it.

“It was also partly our pressure which narrowed the criteria for excluding gay men from blood donation.”

Tony Simpson says the group has also successfully prosecuted a couple of cases in the Human Rights Commission, one against the Blood Service, the other against the ANZ Bank, arising from discrimination on the grounds of sexual orientation.

“We have made our submissions to various Select Committees on legislation of interest to LGBTI people and, I flatter myself, had some effect on the outcomes, most latterly the marriage amendment legislation.

“We were able to bring a number of trans issues to the fore also by keeping up the pressure to have the recommendations of ‘To Be Who I Am’ implemented.

“My only regret is that I didn’t bring the blood donation matter to a final and successful conclusion although that is under way and there should be a further official review of international best practise this year.”

Source: http://www.gaynz.com/articles/publish/45/article_13401.php

The “Objects” of this charity/lobby group are available on the Charities website www.charities.govt.nz

Objects:

Rainbow Wellington is a non-profit association that aims to communicate with and educate the community at large on lesbian, gay,bisexual, transgender, and intersex (l,g.b,t,i) issues by:

1. Promoting a strong and positive sense of community for members of lgbti communities, in particular but not exclusively for those who are members of Rainbow Wellington, by encouraging social interaction, co-ordinating events of interest to them and celebrating our communities.

2. Offering support and encouragement to members of lgbti communities affected by discrimination and prejudice, and pursuing redress of discriminatory issues by engaging in public debate on such issues so that all those in lgbti communities enjoy the human rights available to all New Zealand citizens.

3 Providing financial assistance through grants and donations for individuals and groups undertaking specific activities that advance the causes of lgbti people.

4. Affiliating with and offering support to other organisations pursuing objectives consistent with those of Rainbow Wellington.

__________

The whole purpose of this pressure (lobby) group seems to be to highlight the alleged denial of human rights to members of the glbti communities.

See: http://www.rainbowwellington.org.nz/

Rainbow Wellington is a group representing the interests of, and organising social functions and activities for, lesbian, gay, transgender, bisexual and related people in the greater Wellington region. We have about a hundred and thirty core members, individual, business and corporate, and a wider contact list of several further hundred gltb people. We publish regular electronic newsletters giving notice of our various activities, and keeping members and friends up to date on current events of interest.

We take up issues of concern to our community in the human rights field. We have, for example, recently been pursuing the limitations on blood donation by gay men, and are urging the government to fully implement the Human Rights Commission report on transgender discrimination. We also are currently taking a lead in initiatives to end homophobic bullying in schools, and have taken up such issues as single gender parent adoption and the gay marriage option.

RW Campaigns [involving political advocacy] include:

Civil and Human Rights in New Zealand

Employment Relations Bill
Salvation Army

Meetings with Political parties

Education (Freedom of Association) Amend Bill

See article on glbt lobby group Rainbow Wellington – “The great gay blood donation debate”. 15 November 2009.

http://www.gaynz.com/articles/publish/7/article_8146.php