AuSAE - Charitable purpose and political activity

Charitable purpose and political activity

15 Aug 2014 10:00 AM | Louise Stokes

Sourced from: https://www.charities.govt.nz/news-and-events/hot-topics/charitable-purpose-and-political-activity/

A recent decision by the Supreme Court has developed the law on what may qualify as a charitable purpose.

In its decision on an appeal brought by Greenpeace New Zealand, the Supreme Court has found that political activity may itself be accepted as a charitable purpose (rather than just being "ancillary” to an organisation’s main purpose). Refer to the Supreme Court judgment [PDF, 360 KB] and media release for details.

The Department of Internal Affairs - Charities Services and the independent Charities Registration Board are reviewing our approach to assessing applications for registration in the light of the Court’s decision, and Charities Services will issue new guidance for organisations considering applying to register as a charity. We will publish updated guidance on this website when it is available.

To be eligible to register as a charity, an applicant has to show that its purpose and activities meet the definition of a ‘charitable purpose’ set out in the Charities Act 2005—relieving poverty, or advancing education or religion, or other things beneficial to the community. There is a long history of case law that helps to define what can be considered charitable, and the Supreme Court decision now forms part of the law that we apply when considering each application.

Many not-for-profit organisations try to influence change by raising awareness of a societal issue or by lobbying to change the law. This has never been treated as a bar to registration as a charity, provided that the activity was ancillary to an entity's main charitable purpose.

While the Supreme Court decision found that political activity may now itself be accepted as a main charitable purpose, an applicant will still have to demonstrate that its purposes and all its activities provide benefits to the public or a sufficient section of the public, not just to an individual, organisation or closed group, as well as being charitable. Applicants must also demonstrate that they meet all of the other requirements of the Act.

The Court’s decision does not invalidate the independent Charities Registration Board’s previous decisions to decline to register any applicant, or to deregister any previously registered charity, on the basis of political advocacy. Those decisions were made applying the law as the courts interpreted it to be at the time.

The Charities Registration Board and the Department of Internal Affairs - Charities Services will now apply the law as it has been clarified by the Supreme Court. Current applications which have an element of political advocacy will be considered in the light of the Supreme Court decision.

Any organisation that has previously been declined registration on the basis of political advocacy that was not “ancillary” to a main charitable purpose can, if it wishes, submit a fresh application for registration. Applicants will need to demonstrate that they meet all of the requirements of the Act. All applications will be considered carefully on their own merits.

Strengthening Trans-Tasman Connections: AuSAE and Tourism New Zealand Business Events Renew Partnership

Association professionals across Australia and New Zealand have even more reason to explore trans-Tasman opportunities. AuSAE is proud to announce the renewal of its longstanding partnership with Tourism New Zealand Business Events, celebrating 11 years of collaboration.

For over a decade, this partnership has strengthened connections between the two countries, helping associations expand networks, share knowledge, and deliver world-class events.

Toni Brearley, CAE, Chief Executive Officer at AuSAE, said:

“Our partnership with Tourism New Zealand Business Events has opened doors for association leaders to plan unforgettable events and connect with peers across the Tasman. Together, we’ve created opportunities, shared knowledge, and elevated the experiences of our members and their delegates. This partnership reinforces our commitment to fostering strong trans-Tasman collaborations, helping associations innovate, grow, and deliver outstanding value to their members.”

Helen Bambry, Business Events Manager at Tourism New Zealand, added:

“Partnering with AuSAE means we can directly support association professionals in bringing their next international business event to New Zealand – offering assistance, funding, and support to ensure exceptional experiences for both organisers and delegates.”

Watch the Tourism New Zealand Business Events video

What this partnership means for you

For Australian associations:

Receive expert guidance and support to bring conferences or member events to New Zealand.
Access funding assistance through Tourism New Zealand Business Events.
Expand your network and build partnerships with New Zealand peers and industry leaders.
Deliver international experiences for members and delegates just across the Tasman.

For New Zealand associations:

Strengthen professional connections with Australian association leaders through AuSAE’s network.
Share expertise and collaborate on professional development, governance, and member engagement initiatives, and more.
Gain visibility within the broader association community in Australia and New Zealand.
Access opportunities to host international association events and delegates in New Zealand, boosting local engagement and knowledge exchange.

About AuSAE:

The home for association professionals, the Australasian Society of Association Executives (AuSAE) is the leading - and only not-for-profit, member-based - organisation supporting association professionals in Australia and New Zealand. For 70 years, AuSAE has been a trusted partner for those working in associations, providing professional development, support, and networking to help association leaders achieve organisational goals, advance their careers, and strengthen the wider sector.

About Tourism New Zealand Business Events:

Tourism New Zealand Business Events provides expert guidance, funding, and support to attract conferences, incentives and corporate events to New Zealand.

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For more information about AuSAE, please contact Toni Brearley, CAE:
Toni Brearley, CAE
Chief Executive Officer, AuSAE
E: toni@ausae.org.au
T: + 61 458 000 155

To apply for funding and support to host a conference in New Zealand contact Helen Bambry:
Helen Bambry
Business Events Manager, Tourism New Zealand
E: Helen.Bambry@tnz.govt.nz
T: +61 415 933 325

The Australasian Society of Association Executives

Contact us:

Email: info@ausae.org.au
Phone: 1300 764 576 (within Australia)
Phone: +61 7 3268 7955 (outside Australia)
Address: Unit 6, 26 Navigator Place, Hendra QLD 4011, Australia