Greenpeace of New Zealand Incorporated - SC 97/2012

Summary

Civil Appeal – Whether the Court of Appeal erred in holding that a contentious or political purpose could not be a charitable purpose – Whether the Court of Appeal erred in holding that purposes or activities carried on by the charity or its representatives or agents that are illegal or unlawful preclude charitable status even if only minor or ancillary.[2012] NZCA 533 CA 333/2011

Result

Leave to appeal is granted on the following ground:
Were the views expressed by the Court of Appeal in its judgment [2012] NZCA 533 at [55]-[68] and [96]-[97] of its reasons correct?

8 March 2013

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A The appeal against the Court of Appeal’s determination that a political purpose cannot be a charitable purpose is allowed.
B The appeal against the Court of Appeal’ s determination that purposes or activities that are illegal or unlawful preclude charitable status is dismissed.
C The matter of the charitable status of the objects of Greenpeace of New Zealand Inc is remitted to the chief executive of the Department of Internal Affairs and the Charities Board for reconsideration in light of this decision.
D No order for costs is made.

6 August 2014

Additional Information

Transcript

Hearing date : 1 August 2013

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.