Update on Destiny International Trust and Te Hahi o Nga Matamua Holdings Limited from the independent Charities Registration Board
Published 22 November 2017
The independent Charities Registration Board has decided to remove Destiny International Trust and Te Hahi o Nga Matamua Holdings Limited from the Charities Register on 20 December 2017 because of the charities’ persistent failure to meet their annual return obligations.
The role of the independent Charities Registration Board (“the Board”) is to maintain the integrity of the Charities Register (“the Register”) by ensuring that entities on the Register qualify for registration and meet their obligations under the Charities Act 2005 (“the Act”).
The Board can direct charities to be removed from the Charities Register when they persistently fail to meet their obligations under the Act and it is in the public interest to remove them.
The Department of Internal Affairs (“the Department”) sent notices to Destiny International Trust and Te Hahi o Nga Matamua Holdings Limited advising the charities of the Department’s intention to remove them from the Register for their persistent failure to file annual returns. The notices were part of the Department’s standard practice for charities that have persistently failed to file annual returns.
The charities filed formal objections to the Department’s notices. These objections were considered by the independent Board at its meeting on 21 November 2017.
The Board considered the objections but was satisfied that it is in the public interest to proceed with the removal of the charities from the Register. The Board was also satisfied that the grounds for removal have been met as there has been a persistent failure by the charities to meet their obligations under the Act. The Board in particular noted the history of non-compliance with annual return obligations. The Board considered that the integrity of the Charities Register would not be maintained if charities persistently fail to meet their obligations to file annual returns under the Act.
Under the Act, the charities concerned have the option to lodge an appeal against the Board’s decision with the High Court by 20 December 2017, and will remain on the register until that time.
Roger Holmes Miller
Chair, Charities Registration Board