North Canterbury News: June 16, 2022
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TAXATION<br />
<strong>North</strong> <strong>Canterbury</strong> <strong>News</strong>, <strong>June</strong> <strong>16</strong>, <strong>2022</strong><br />
Law changes recommended for charities<br />
23<br />
By RUSSELL PALMER<br />
WELLINGTON: Big charitieswill needto<br />
be moretransparent overtheirfunding,<br />
afteraGovernment review recommended<br />
changes to thelaw.<br />
The changes will require charities,<br />
whichare not required to pay tax,to<br />
explain any major accumulated cash,<br />
assets and other resources if they have<br />
operatingexpenses above$140,000.<br />
Administrativeburdens on small<br />
charities will alsobereduced, and it will<br />
be easier for charities to seek an appeal<br />
over decisions.<br />
Charities Services, which administrates<br />
the sector,and the CharitiesRegistration<br />
Boardwhichmakes decisions about<br />
registration, will also haveincreased<br />
powers.<br />
Community and Voluntary Sector<br />
Minister Priyanca Radhakrishnan<br />
announcedthe changesyesterday, saying<br />
about28,000 registered charitiesinNew<br />
Zealand made agreatcontribution to New<br />
Zealand, but the legislation needed to be<br />
fit for purpose.<br />
It follows areview by Internal Affairs<br />
(DIA), ordered by the Government in 2018<br />
in the wakeofDestiny Church’s<br />
deregistration as acharity.<br />
The churchhad failed to file financial<br />
returns for two years and ignored several<br />
warnings from the CharitiesRegistration<br />
Board, whichwent so far as to say the<br />
deregistration was in the public interest.<br />
The board’s inability to punishuncooperativecharities<br />
prompted the new<br />
Labourled Government to order the<br />
review of the Charities Act, but the<br />
scrappingoftax exemptionfor charities<br />
was not considered, despite demands from<br />
the public.<br />
Ms Radhakrishnan said the past two<br />
yearsofthe Covid19 pandemichad shone<br />
alightonthe important role charities<br />
played.<br />
The changes would improve<br />
transparency and build trust, she said.<br />
‘‘Many of New Zealand’slargest<br />
charities havesignificant unexplained<br />
accumulated funds.<br />
‘‘It is important theyare transparent<br />
aboutthe reasonsfor holding on to alarge<br />
quantity of funds,including donations.’’<br />
Charitieswould also finditeasier to<br />
makeappeals against decisions about<br />
them, withresponsibility transferred from<br />
the High Court to an expanded Taxation<br />
Review Authority.<br />
Some$1.7 millionwas set aside in this<br />
year’s Budget to enablethis.<br />
Charitieswould be able to represent<br />
themselves at the authority, reducing the<br />
costs of lodgingthose appeals, which<br />
would alsohave longersubmission<br />
timeframes.<br />
‘‘Itisimportant that our systemdoesn’t<br />
just work for those who have theresources<br />
to navigateit.<br />
‘‘The same serviceand the same access<br />
must be available to everyone.’’<br />
Proposed changestothe Act.—<br />
Charity requirements—maintaining a<br />
charitablepurpose, having arules<br />
document,and having qualified officers—<br />
will be made explicit.<br />
Larger charities (with operating<br />
expensesover $140,000)will be required<br />
to report reasons for accumulatedfunds;<br />
to be included on an updated annual<br />
returnsform designed in consultation<br />
with the sector and iwi.<br />
Smallcharities to be exemptfrom<br />
financial reporting; threshold yet to be<br />
developed.<br />
Charities Registration Board<br />
membership will increase from threeto<br />
five.<br />
The board will now have power to<br />
disqualifyanofficer for ‘‘serious<br />
wrongdoing’’ or asignificant or persistent<br />
breach of obligations, without having to<br />
deregisterthe charity. Definitionof<br />
seriouswrongdoing to be clarified.<br />
The board will be required to publish<br />
decisions on declining an application for<br />
registration and deregistering acharity.<br />
Charities Services’ significant decisions<br />
and decisions of the board will be able to<br />
be appealed.<br />
Ms Radhakrishnan said an amendment<br />
Bill was expectedtobeintroduced this<br />
year, and consultation through the select<br />
committee process would be followed up<br />
to considerconcerns raisedbythe review.<br />
The DestinyChurch deregistration was<br />
tied up in thecourtsfor years,during<br />
Funds ... Many of New Zealand’s largest charities have significant unexplained<br />
accumulated funds, says Community and Voluntary Sector Minister Priyanca<br />
Radhakrishnan.<br />
whichitcontinued to notpay tax,and it<br />
regained its taxexemptstatus in 2019.<br />
Several of its arms were again<br />
deregistered after failing to meet<br />
requirements.Apetition last year also<br />
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called for the churchtobederegistered<br />
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