Charities Amendment Act 2012

Effective from 25 February 2012, the Charities Act 2005 was changed, and those involved in or advising charities registered with the (then) Charities Commission (now, Board) had to change their administrative practices and reconsider what they needed to be notify to Charities Services. Definition of officers extended – section 4(1) From 25 February 2012 the […]

Liability of Charitable Trustees

Potential personal liability of charitable trustees In two of my early articles “As common as dirt”and “Lessons from a Polytechnic” I outlined some of the disadvantages of unincorporated societies, stating that “for any society, other than the most basic, incorporation is highly desirable because of the clear practical benefits.”  In summary, those are: An incorporated […]

Audits or Reviews of Accounts

Definitions – Audits and Reviews According to the website in April 2021: A financial statement audit is an independent check that the organisation’s financial reports are prepared properly. As an external auditor, Chartered Accountants assess how the organisation manages the process of recording their business operations, and how they portray that in their financial […]

Audits or Reviews of Accounts of Different Not-for-Profit Entities

Introduction My article, Audits or Reviews of Accounts about the audits or reviews of the accounts of incorporated societies and charities was originally written in early 2011.  In late 2011 a reader kindly drew my attention to statutory issues relating to the audit of the industrial and provident societies, hence this article. Legislation such as […]

Charitable Gifts to Non-Charities

The issues There are a number of charitable institutions that will not, as a matter of policy, make grants or gifts to entities that are not also recognised or registered as charities.  This has always struck me as a possibly “over-the-top” approach, which, perhaps, demonstrates some lack of sophistication in the screening of applications for […]

Economic Development – Charitable?

The law before the Charities Act The promotion of industry and commerce has been long been held to be charitable in both England and New Zealand.  The decision in Crystal Palace Trustees v Minister of Town and Country Planning [1951] Ch 132; [1950] 2 All ER 857n, concluded that the promotion of industry and commerce […]

How Common are Societies and Charitable Trusts

The vast majority of New Zealanders must belong to at least one community organisation, and many will belong to a dozen or more in their lifetime.  Few would not have contact with such entities.  At the most basic level are home and school committees and sports, cultural and social clubs, and few can escape involvement […]