Board Statement on New Zealand Entrepreneurs Rescue (NZER)
Published 9 February 2022
In its decision dated 9 February 2022, Te Rātā Atawhai the Charities Registration Board (“the Board”) declined the application of New Zealand Entrepreneurs Rescue (NZER) (“the Society”) for registration as a charity.
The Board decided that the Society does not meet the requirements to qualify for registration under the Charities Act 2005 (“the Act”) because the Society has a non-ancillary, non-charitable purpose to promote its views about the New Zealand employment regime.
Qualification for registration
The Board considers that the Society’s primary purpose to promote its views about the New Zealand employment regime is not analogous to a recognised charitable purpose. The Board also considers that the Society’s advocacy activities are not carried out in furtherance of a recognised charitable end goal or aim.
The Board also considers that the Society’s website does not advance education in a charitable manner. The content of the website is not passed on to others in a sufficiently structured manner and is mainly focused on communicating the Society’s opinions on the current New Zealand employment regime.
The Board has determined that the Society does not advance exclusively charitable purposes, and therefore does not meet the requirements to be a registered charity under the Act.
In making its decision, the Board is not taking a position on whether or not the Society’s views are of benefit for New Zealand, but on the Society’s eligibility for registration under the Act and relevant case law.
Role of the Board
The role of the Board is to maintain the integrity of the Charities Register by ensuring that entities on the Charities Register qualify for registration. Under the Act, the Board is responsible for registering and de-registering charities. The Board took over these functions from the former Charities Commission in 2012.
The Board makes its decisions by applying the law to the facts before it. The Board must decline to register applications from organisations when they do not advance exclusively charitable purposes for the public benefit.
Charities Registration Board