Jarod Peter Hester and others v The Commissioner of Inland Revenue - SC 2/2005
Summary
Civil appeal - whether the Court of Appeal erred in concluding that the income of the Church of Jesus Christ of the Latter-day Saints benefit and superanuation plan was not exempt from tax as the plan was not a trust for charitable purposes within the meaning of s CB4 (1)(c) of the Income Tax Act 2004 - whether the principles set out in Presbyterian Church Fund of New Zealand v The Commissioner for Inland Revenue [1994] 3 NZLR 363 should be applied to the plan of the Mormon church - application of the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 to the law of charities. CA 6/04 14 December 2004
Result
Leave to appeal dismissed. Costs $2,500 plus disbursements to the respondent.
3 May 2005
3 May 2005
Related Documents
Leave judgment - leave dismissed — HESTER And Ors V THE COMMISSONER OF INLAND REVENUE SC 2/2005 [3 May 2005] (PDF 24 KB)
Additional Information
HESTER & ORS V THE COMMISSIONER OF INLAND REVENUE CA CA6/04 14 December 2004