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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 />

after leader BrianTamakiorganised<br />

several protests against Covid­19<br />

lockdowns, whichthe petitioners said was<br />

promoting ‘‘uncharitable views’’. —RNZ<br />

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62 Langdons Road, Papanui, Christchurch<br />

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