Greenpeace – working for others.

Written By: - Date published: 3:02 pm, September 4th, 2012 - 13 comments
Categories: campaigning, Environment, law, political alternatives, Politics, the praiseworthy and the pitiful - Tags: , ,

Today Greenpeace will be in the Court of Appeal to challenge the interpretation of the High Court or what is a charitable purpose.  Bunny McDiarmid at the Greenpeace blog  has a pretty good post on it “Charity or not, Greenpeace is here to stay“.

This month another principle is at stake. We’re in the Court of Appeal challenging the decision to decline Greenpeace charitable status under the ‘new’ Charities law passed in 2005. Central to this is free speech, or a so-called ‘political exception’ which stops charities from engaging in what the government may think is political advocacy, or challenging the status quo.

Whether we are successful or not in gaining charitable status, Greenpeace will continue to work in the same manner as we always have. Backed by nearly 60,000 kiwis, we will remain strictly non-party political, staunchly independent and we will continue fighting non-violently for good environmental outcomes and peace with every means at our disposal.

I was thinking this through as a diversion after a long and unproductive session session contemplating how inept the Labour caucus has been. It was rather pleasant to look at an organisation that had a clear vision, bloody good communications, was competent, and above all actually appeared to care about what they stand for.  So I dug around a bit looking at what a charity is.

The  compliance FAQ for charities is quite clear. This link starts from the legal background and has a link to the definitions of “charitable purpose” which explains some of the legal interpretations that evolved from the Elizabethan law. But the kicker for this case is in the sidelink “Political activities and registration under the Charities Act

Many charitable entities registered by the Charities Commission undertake political activities in order to achieve their charitable purposes. As long as the organisation’s main purposes remain charitable, the use of political activities to achieve these purposes is unlikely to disqualify the organisation from registration.

The Commission acknowledges the valuable contribution that charitable entities can make to public debates – for example, a charitable entity may be the only organisation to represent the needs of a group of disadvantaged people. In addition, it is clear that the input of charitable entities may be able to resolve recurring problems in their particular fields.

The Commission understands that charitable entities may be more likely to undertake political activities at certain times. For example, entities may undertake more political activities in an election year or if Parliament is considering, or is about to consider, a piece of legislation which relates to the entity’s operations.

The Commission is only likely to question whether a charitable entity is continuing to meet registration requirements if its political activities have assumed a level of importance that appears to indicate that they have become independent purposes in themselves. In these circumstances, the Commission will inform the charitable entity that no longer appears to have exclusively charitable purposes.

Back to the Bunny.

In the eyes of the law Greenpeace’s environmental purposes are judged to be charitable as they benefit the community, as does our promotion of peace, but promoting disarmament is not. It is deemed to be too political.

Now that is a really arbitrary line that is being drawn. Advocating for peace is a valid charitable purpose, but advocating for removing arms for the purposes of peace is not? WTF..

Under the new charity law you can do some political ‘advocacy’ work in the form of promoting or challenging environmental policies or laws. However, too much advocacy, will be risky, particularly if it is critical of the status quo. But how much is too much is not clear. This creates a dilemma for some charities because if they overstep this indistinct line, they risk losing government funding linked to their charitable status.

Greenpeace does not seek or accept money from the Government (or business) so nothing will change for us in that respect, but the potential effect on debate for those that do, is a real and chilling possibility.

We want to see New Zealand more in line with Australia which allows charities freedom of expression in political debate as long as it is consistent with their charitable purposes. We reckon that the Aussies are right; engaging in political debate is an essential part of advocacy work, it’s very much in the public interest and an essential part of a modern democracy.

I agree. Time to shift the law so it allows that to happen.

What is pleasant is an organisation willing to take the expense to take a case to appeal and in all likelihood to a further appeal to the Supreme Court to establish a legal precedent that is more important to the myriads of smaller charities out there than to them. These range from activist groups like us (not that we really need a charity status for our trust), churches, poverty groups, through to people who advocate against Greenpeace like some of the climate change deniers.

And no. I don’t exert effort or even funds supporting them. Lyn does. I might have to join her.

13 comments on “Greenpeace – working for others. ”

  1. BernyD 1

    So they get retrospectively taxed because they stepped on toes.
    Just another stick to threaten people with.

  2. Blue 2

    No they get retrospectively taxed because they are a Multinational Corporate Giant making millions. No different to any other, except they wear a charitable facade.

    • lprent 2.1

      Apart from GST and other sales taxes – how does a non-profit organisation get taxed? If you don’t make a profit then you don’t get taxed on the profit.

      Still a pathetic dickhead I see – even after your long break…

      • Fortran 2.1.1

        The ability to “Not make a profit” is not difficult at all.
        As a not for profit organisation no proper audits are necessary.
        Have you never heard of Head Office expenses overseas – the Aussie Banks all do it as a way to reduce their whatever liabilities in New Zealand.
        Of every dollar give to Greenpeace a fixed portion (40% I think) is automatically channeled offshore.
        I have asked often for a copy of the accounts, before subscribing, and have been told there are none available.

        • lprent 2.1.1.1

          As a not for profit organisation no proper audits are necessary.

          Complete and utter bullshit. I’ve done work around a number of medium to large not-for-profit’s at various times as well as a few smaller ones especially when I was doing system support decades ago. Their accounting practices are more pedantic and nit-picky than most of the for-profit’s for the obvious reason that they’re usually a damn sight shorter on reliable income and they are directly accountable to the regulatory body that gives them whatever status they have. I’ve often worked with their auditors and helped when they have had the IRD or charities commission or even WINZ or the lotteries board peering at their transactions.

          Head Office expenses

          Which is still not a “profit”. If a organisation is using services from another part of the same organisation like their management, computers, lawyers, accountants, funds, etc then they are usually expected to pay for those services as expenses.

          The legislation, IRD, auditors, stakeholders, various accountants, and lawyers set what is permissible to expense to parent organisations based on actual usage of resources regardless of what type of organisation it is. There are whole frigging areas of accounting and law devoted to the topic of allocating overhead expenses.

          Profit is what is made AFTER expenses.

          There is a particular area that you are probably straining towards is that the NZ Greenpeace will be contributing towards campaigns that are run outside of NZ like the rainbow warrior and the like. Well duh! That is what they are set up to do. The purposes of any organisation especially trusts and charities are set in their charters or other binding documents. If you want to know what they are not permitted to do, then read them, some of the law binding the organisation, whatever the IRD and/or other regulatory bodies state they must do, and whatever documents that they are required to make public.

          Or even better in this case just read the greenpeace website which is pretty clear about what they do. I can’t be arsed to look up the link – it is kind of hard to miss.

          I suspect you have bugger all idea what in the hell goes on at the accounting levels of ANY organisation. Moreover I suspect that like the many of the supremely confident but terminally ignorant you are projecting what you’d like to happen legally rather than what is actually set down in law. Rather than exerting effort to find out, you make inane comments so people who do make the effort educate you.

          A lazy wishful thinking fool in other words…

          Typically at this point I’ll hear some whining about how nasty I am.. 😈 But I really like putting the effort in to make the lesson stick. It is fun for me…

    • mike e 2.2

      Yeah right Blue its just a bullying tactic to silence a very big thorn in the side of big corporates and their pathetic little trolling yes men who can only follow and never lead except when theirs money in it.

  3. ghostwhowalksnz 3

    Arent they a ‘non profit’ ? So I dont think they pay tax on ‘profits’ anyway.

    IRD : A non-profit organisation is any society, association or organisation (incorporated or not):
    that is not carried on for the profit or gain of any member, and whose rules do not allow money, property or any other benefit to be distributed to any of its members.

    The Charity status is all about getting donations from supporters to be tax deductible for the donor.

    A little bit of honesty about the real purposes of the court appeal wouldnt go astray ?

    And this from IRD is interesting.
    “However, if a charity runs a business, it may not be liable for income tax on any profits that it uses for charitable purposes within New Zealand.”

    • lprent 3.1

      I didn’t put it in the post however the post (and press release) state this at the base

      NOTE: GREENPEACE has not lost its donee status which allows our supporters to make tax deductable donations. The IRD determines if organisations meet the test for donee status while the Department of Internal Affairs determines which organisations meet the criteria for charitable status.

      • ghostwhowalksnz 3.1.1

        So they want to get tax free profits from their businesses then. There doesnt seem to be a point to the expensive court battle ?

  4. fnjckg 4

    Wow! a multitude of mesmerizing articles in todays Standard
    (faster broadband, faster faster)

  5. xtasy 5

    How bizarre – “The Elizabethan Statute” or what it is called.

    So promoting religion and public prayer qualifies?

    Greenpeace are clearly advancing education by informing about environmental issues and dangers, and they are wanting to protect the environment, which is beneficial to the community. They are also not politically aligned, nor do they put a political agenda forward, as they do not bind themselved to any party or political organisation.

    As much as many churches and other religions organisations may offer charitable services, some also are good at getting money out of members, like the Mormons do with their 10 per cent tithing, which partly goes into advancing their church and building more churches, propagating their interpretation of religion and sending out missionaries to “convert” more.

    Yet that is accepted as a “charitable” organisation, as the register tells me.

    It sounds more like legalistic hair splitting, to create more problems for Greenpeace, as the government and they “system” it upholds consider them a “thorn in their side”.

    Maybe just start “prayer meetings” before and after activities? Bang, “charitable purpose”, and you should likely “qualify”.

  6. captain hook 6

    so far greenpeace is the only organisation that sticks up for the trees and the whales while the rest of the world indulges itself in a frenzy of external referencing by psychological comparisons of the size of its car to the size of its dick.
    greenpeace needs every penny to combat the destruction of the planet by pinheads.

  7. lprent 7

    As a side issue. We’re getting some greenpeace banners coming through. I approved them the other day which is why I was poking around the greenpeace site yesterday. And I see that they are there this morning.

    They are freebies ads filling otherwise unused advert space.

Recent Comments

Recent Posts

  • Gaza and the Pacific on the agenda with Germany
    Foreign Minister Winston Peters discussed the need for an immediate ceasefire in Gaza, and enhanced cooperation in the Pacific with German Foreign Minister Annalena Baerbock during her first official visit to New Zealand today.    "New Zealand and Germany enjoy shared interests and values, including the rule of law, democracy, respect for the international system ...
    BeehiveBy beehive.govt.nz
    8 hours ago
  • Decision allows for housing growth in Western Bay of Plenty
    The Minister Responsible for RMA Reform, Chris Bishop today released his decision on four recommendations referred to him by the Western Bay of Plenty District Council, opening the door to housing growth in the area. The Council’s Plan Change 92 allows more homes to be built in existing and new ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Speech to New Zealand China Council
    Thank you, John McKinnon and the New Zealand China Council for the invitation to speak to you today.    Thank you too, all members of the China Council. Your effort has played an essential role in helping to build, shape, and grow a balanced and resilient relationship between our two ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Modern insurance law will protect Kiwi households
    The Government is modernising insurance law to better protect Kiwis and provide security in the event of a disaster, Commerce and Consumer Affairs Minister Andrew Bayly announced today. “These reforms are long overdue. New Zealand’s insurance law is complicated and dated, some of which is more than 100 years old. ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Government recommits to equal pay
    The coalition Government is refreshing its approach to supporting pay equity claims as time-limited funding for the Pay Equity Taskforce comes to an end, Public Service Minister Nicola Willis says.  “Three years ago, the then-government introduced changes to the Equal Pay Act to support pay equity bargaining. The changes were ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Transforming how our children learn to read
    Structured literacy will change the way New Zealand children learn to read - improving achievement and setting students up for success, Education Minister Erica Stanford says.  “Being able to read and write is a fundamental life skill that too many young people are missing out on. Recent data shows that ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • NZ not backing down in Canada dairy dispute
    Trade Minister Todd McClay says Canada’s refusal to comply in full with a CPTPP trade dispute ruling in our favour over dairy trade is cynical and New Zealand has no intention of backing down. Mr McClay said he has asked for urgent legal advice in respect of our ‘next move’ ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Stronger oversight for our most vulnerable children
    The rights of our children and young people will be enhanced by changes the coalition Government will make to strengthen oversight of the Oranga Tamariki system, including restoring a single Children’s Commissioner. “The Government is committed to delivering better public services that care for our most at-risk young people and ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Streamlining Building Consent Changes
    The Government is making it easier for minor changes to be made to a building consent so building a home is easier and more affordable, Building and Construction Minister Chris Penk says.      “The coalition Government is focused on making it easier and cheaper to build homes so we can ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Minister acknowledges passing of Sir Robert Martin (KNZM)
    New Zealand lost a true legend when internationally renowned disability advocate Sir Robert Martin (KNZM) passed away at his home in Whanganui last night, Disabilities Issues Minister Louise Upston says. “Our Government’s thoughts are with his wife Lynda, family and community, those he has worked with, the disability community in ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Speech to New Zealand Institute of International Affairs, Parliament – Annual Lecture: Challenges ...
    Good evening –   Before discussing the challenges and opportunities facing New Zealand’s foreign policy, we’d like to first acknowledge the New Zealand Institute of International Affairs. You have contributed to debates about New Zealand foreign policy over a long period of time, and we thank you for hosting us.  ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Accelerating airport security lines
    From today, passengers travelling internationally from Auckland Airport will be able to keep laptops and liquids in their carry-on bags for security screening thanks to new technology, Transport Minister Simeon Brown says. “Creating a more efficient and seamless travel experience is important for holidaymakers and businesses, enabling faster movement through ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Community hui to talk about kina barrens
    People with an interest in the health of Northland’s marine ecosystems are invited to a public meeting to discuss how to deal with kina barrens, Oceans and Fisheries Minister Shane Jones says. Mr Jones will lead the discussion, which will take place on Friday, 10 May, at Awanui Hotel in ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Kiwi exporters win as NZ-EU FTA enters into force
    Kiwi exporters are $100 million better off today with the NZ EU FTA entering into force says Trade Minister Todd McClay. “This is all part of our plan to grow the economy. New Zealand's prosperity depends on international trade, making up 60 per cent of the country’s total economic activity. ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Mining resurgence a welcome sign
    There are heartening signs that the extractive sector is once again becoming an attractive prospect for investors and a source of economic prosperity for New Zealand, Resources Minister Shane Jones says. “The beginnings of a resurgence in extractive industries are apparent in media reports of the sector in the past ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Ō-Rākau Remembrance Bill passes first reading
    The return of the historic Ō-Rākau battle site to the descendants of those who fought there moved one step closer today with the first reading of Te Pire mō Ō-Rākau, Te Pae o Maumahara / The Ō-Rākau Remembrance Bill. The Bill will entrust the 9.7-hectare battle site, five kilometres west ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Government to boost public EV charging network
    Energy Minister Simeon Brown has announced 25 new high-speed EV charging hubs along key routes between major urban centres and outlined the Government’s plan to supercharge New Zealand’s EV infrastructure.  The hubs will each have several chargers and be capable of charging at least four – and up to 10 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Residential Property Managers Bill to not progress
    The coalition Government will not proceed with the previous Government’s plans to regulate residential property managers, Housing Minister Chris Bishop says. “I have written to the Chairperson of the Social Services and Community Committee to inform him that the Government does not intend to support the Residential Property Managers Bill ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Independent review into disability support services
    The Government has announced an independent review into the disability support system funded by the Ministry of Disabled People – Whaikaha. Disability Issues Minister Louise Upston says the review will look at what can be done to strengthen the long-term sustainability of Disability Support Services to provide disabled people and ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Justice Minister updates UN on law & order plan
    Justice Minister Paul Goldsmith has attended the Universal Periodic Review in Geneva and outlined the Government’s plan to restore law and order. “Speaking to the United Nations Human Rights Council provided us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while responding to issues and ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Ending emergency housing motels in Rotorua
    The Government and Rotorua Lakes Council are committed to working closely together to end the use of contracted emergency housing motels in Rotorua. Associate Minister of Housing (Social Housing) Tama Potaka says the Government remains committed to ending the long-term use of contracted emergency housing motels in Rotorua by the ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Trade Minister travels to Riyadh, OECD, and Dubai
    Trade Minister Todd McClay heads overseas today for high-level trade talks in the Gulf region, and a key OECD meeting in Paris. Mr McClay will travel to Riyadh to meet with counterparts from Saudi Arabia and the Gulf Cooperation Council (GCC). “New Zealand’s goods and services exports to the Gulf region ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Education priorities focused on lifting achievement
    Education Minister Erica Stanford has outlined six education priorities to deliver a world-leading education system that sets Kiwi kids up for future success. “I’m putting ambition, achievement and outcomes at the heart of our education system. I want every child to be inspired and engaged in their learning so they ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • NZTA App first step towards digital driver licence
    The new NZ Transport Agency (NZTA) App is a secure ‘one stop shop’ to provide the services drivers need, Transport Minister Simeon Brown and Digitising Government Minister Judith Collins say.  “The NZTA App will enable an easier way for Kiwis to pay for Vehicle Registration and Road User Charges (RUC). ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Supporting whānau out of emergency housing
    Whānau with tamariki growing up in emergency housing motels will be prioritised for social housing starting this week, says Associate Housing Minister Tama Potaka. “Giving these whānau a better opportunity to build healthy stable lives for themselves and future generations is an essential part of the Government’s goal of reducing ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Tribute to Dave O'Sullivan
    Racing Minister Winston Peters has paid tribute to an icon of the industry with the recent passing of Dave O’Sullivan (OBE). “Our sympathies are with the O’Sullivan family with the sad news of Dave O’Sullivan’s recent passing,” Mr Peters says. “His contribution to racing, initially as a jockey and then ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Speech – Eid al-Fitr
    Assalaamu alaikum, greetings to you all. Eid Mubarak, everyone! I want to extend my warmest wishes to you and everyone celebrating this joyous occasion. It is a pleasure to be here. I have enjoyed Eid celebrations at Parliament before, but this is my first time joining you as the Minister ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Government saves access to medicines
    Associate Health Minister David Seymour has announced Pharmac’s largest ever budget of $6.294 billion over four years, fixing a $1.774 billion fiscal cliff.    “Access to medicines is a crucial part of many Kiwis’ lives. We’ve committed to a budget allocation of $1.774 billion over four years so Kiwis are ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Pharmac Chair appointed
    Hon Paula Bennett has been appointed as member and chair of the Pharmac board, Associate Health Minister David Seymour announced today. "Pharmac is a critical part of New Zealand's health system and plays a significant role in ensuring that Kiwis have the best possible access to medicines,” says Mr Seymour. ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Taking action on Fetal Alcohol Spectrum Disorder
    Hundreds of New Zealand families affected by Fetal Alcohol Spectrum Disorder (FASD) will benefit from a new Government focus on prevention and treatment, says Health Minister Dr Shane Reti. “We know FASD is a leading cause of preventable intellectual and neurodevelopmental disability in New Zealand,” Dr Reti says.  “Every day, ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New sports complex opens in Kaikohe
    Regional Development Minister Shane Jones today attended the official opening of Kaikohe’s new $14.7 million sports complex. “The completion of the Kaikohe Multi Sports Complex is a fantastic achievement for the Far North,” Mr Jones says. “This facility not only fulfils a long-held dream for local athletes, but also creates ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Diplomacy needed more than ever
    Foreign Minister Winston Peters’ engagements in Türkiye this week underlined the importance of diplomacy to meet growing global challenges.    “Returning to the Gallipoli Peninsula to represent New Zealand at Anzac commemorations was a sombre reminder of the critical importance of diplomacy for de-escalating conflicts and easing tensions,” Mr Peters ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Anzac Commemorative Address, Buttes New British Cemetery Belgium
    Ambassador Millar, Burgemeester, Vandepitte, Excellencies, military representatives, distinguished guests, ladies and gentlemen – good morning and welcome to this sacred Anzac Day dawn service.  It is an honour to be here on behalf of the Government and people of New Zealand at Buttes New British Cemetery, Polygon Wood – a deeply ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Anzac Commemorative Address – NZ National Service, Chunuk Bair
    Distinguished guests -   It is an honour to return once again to this site which, as the resting place for so many of our war-dead, has become a sacred place for generations of New Zealanders.   Our presence here and at the other special spaces of Gallipoli is made ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Anzac Commemorative Address – Dawn Service, Gallipoli, Türkiye
    Mai ia tawhiti pamamao, te moana nui a Kiwa, kua tae whakaiti mai matou, ki to koutou papa whenua. No koutou te tapuwae, no matou te tapuwae, kua honoa pumautia.   Ko nga toa kua hinga nei, o te Waipounamu, o te Ika a Maui, he okioki tahi me o ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • PM announces changes to portfolios
    Paul Goldsmith will take on responsibility for the Media and Communications portfolio, while Louise Upston will pick up the Disability Issues portfolio, Prime Minister Christopher Luxon announced today. “Our Government is relentlessly focused on getting New Zealand back on track. As issues change in prominence, I plan to adjust Ministerial ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New catch limits for unique fishery areas
    Recreational catch limits will be reduced in areas of Fiordland and the Chatham Islands to help keep those fisheries healthy and sustainable, Oceans and Fisheries Minister Shane Jones says. The lower recreational daily catch limits for a range of finfish and shellfish species caught in the Fiordland Marine Area and ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Minister welcomes hydrogen milestone
    Energy Minister Simeon Brown has welcomed an important milestone in New Zealand’s hydrogen future, with the opening of the country’s first network of hydrogen refuelling stations in Wiri. “I want to congratulate the team at Hiringa Energy and its partners K one W one (K1W1), Mitsui & Co New Zealand ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Urgent changes to system through first RMA Amendment Bill
    The coalition Government is delivering on its commitment to improve resource management laws and give greater certainty to consent applicants, with a Bill to amend the Resource Management Act (RMA) expected to be introduced to Parliament next month. RMA Reform Minister Chris Bishop has today outlined the first RMA Amendment ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Overseas decommissioning models considered
    Overseas models for regulating the oil and gas sector, including their decommissioning regimes, are being carefully scrutinised as a potential template for New Zealand’s own sector, Resources Minister Shane Jones says. The Coalition Government is focused on rebuilding investor confidence in New Zealand’s energy sector as it looks to strengthen ...
    BeehiveBy beehive.govt.nz
    2 weeks ago

Page generated in The Standard by Wordpress at 2024-05-04T09:28:57+00:00