Registered Charities

Disqualification orders

Charities Services has powers to make orders that prevent a deregistered charity from registering again for a set length of time, and to prevent an officer of that deregistered charity from being an officer of any registered charity for a set length of time.

The disqualification order could be for a minimum of one year, and for up to a period of several years, depending on the situation.

What situations might lead to a recommendation to disqualify an entity?

Examples of situations that might lead to a recommendation for a disqualification order against a charity and/or its officers include:

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What factors does Charities Services take into account when making an order disqualifying a de-registered charity from registering again?

Charities Services looks at such things as whether the charity or any of its officers have:

It also considers whether the risk of the adverse activities continuing or recurring is likely to be reduced by making a disqualification order under section 31(4)(a) of the Charities Act.

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What is the purpose of an order preventing an entity from re-registering?

Allowing a period of time to elapse before the charity and/or its officer can re-apply for registration can:

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Disqualification Orders

Name of entity Decision date
  Jon Maurice Smyth (PDF, 2.3 MB) 26 Jun 2012
  Freedomsway Foundation Trust Aotearoa and Aaron Elkington, Phyllis Elkington and Jonathan Clary (PDF, 850 KB) 16 Aug 2011
  Hope For Children Charitable Foundation Board and David Williamson (PDF, 318 KB) 27 Jul 2011
  Disabled Children's Trust and David Williamson (PDF, 319 KB) 27 Jul 2010

For more information, see the Department's Prosecution Policy.

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