Equity and Trusts - Advancement of Religion, Political Purposes & Advocacy

Advancement of Religion

• Most controversial head of charity.
• Public benefit is presumed for the first three heads of charity in New Zealand.
• Need to determine if something is a religion at charity law:
  • Utilize the Scientology case (Church of New Faith and Commissioner of Payroll).
    • Two-stage test:
      • Belief in a supernatural being, thing, or principle.
      • Acceptance of canons of conduct to give effect to that belief.
    • Criteria vary depending on the religion.
    • Buddhism is an exception since Buddha was a man, but it is still considered a religion.
  • Canons of conduct contrary to a country's policies or illegal will fail at charity law.
• Need to work out whether they advance religion.
  • Advancing religion can be done in a wide variety of ways, even through secular activities.
  • Not just sitting at home and praying.
  • Examples:
    • Re Banfield (Lloyds Bank):
      • Community house (Pilsden Community House) assisting those who were troubled (mental health, addiction, etc.).
      • Open to anyone, regardless of background or religion.
      • Court determined it advanced religion because it was obvious it was a Christian community underpinning the works through pamphlets and daily prayers.
      • Their religion required them to assist others.
    • Liberty Trust:
      • Provides interest-free loans to pay off debts and get a mortgage.
      • Operates under the umbrella of the Baptist church.
      • The court needed to determine, did it advance religion?
      • Being in debt is contrary to some Christian teachings.
      • The loan helps people get out of debt.
      • Applicants applying for loan and obtaining it will hear about the teachings of Christ.
      • Clear that the scheme had a commercial theme or enterprise, but that is acceptable.
      • Any profits made must go back into charitable purposes, and all finances are publicly available.
    • Scientology Case (Church of the New Faith):
      • Must ask, is it a sham?
      • The courts openly discuss if it is fraudulent.
      • Very difficult to prove from a religious point of view whether it is a sham or not.
      • Charlatanism is merely the price of religion.
      • The law does not distinguish between religions.
      • The way in which the law views Scientology is that it is treated in exactly the same way as any other religion that has been confirmed at law.
      • It was eventually determined by the High Court in Australia that absolutely it was a religion of charity law.
      • In New Zealand, Scientology was registered without issue, and it's now registered in Australia as well.
    • The registration decision of the Jedi Society
      • One of the fastest-growing religions in the world.
      • Why mock Judaism if you will not mock Christianity if you will not mock Islam if you will not mock Buddhism?
      • There is a belief system for the Jedi society.
      • Those principles, pretty good way to live, to be honest.
      • The Jedi Society of New Zealand wanted to become a registered charity.
      • Must ask, is this a religion for charity law?
      • The first point raised was the registration board of the charity services, or the charity commission at the time.
      • A lot of evidence that people are moving away from your traditional religions.
      • Jediism is a way in which people can propagate that belief system through their own means. Contemporary way of believing. Not wrong with that.
      • The board said, when we're looking at a new religion, that they had to set out or that it had to meet a whole bunch of criteria.
      • Utilized this test that had been created by the European Court of Human Rights on nothing to do with charity or religion, but imported it into New Zealand.
      • New test: