Family First’s narrow emphasis on the ‘traditional family’ did not satisfy the wider ‘public benefit’ test needed for Charities Commission registration, the High Court ruled. Promoting the benefits of a stable family unit without restrictively defining family would likely be permitted as a charitable purpose, Justice France indicated.
Registration as a charity has tax benefits. But the rules are tight. There must be a wide public benefit. Organisations advocating a law change are refused registration unless the advocacy is directed to public education and promotion of rational debate.
Family First was deregistered by the Charities Registration Board in 2017 on grounds it did not exist solely for charitable purposes. Family First wants to see political change with legal primacy given the traditional family unit. It wants: tax and welfare changes to eliminate what it sees as disincentives to marriage; abolition of ‘no fault’ divorce; abortion stopped; continued prohibition on euthanasia, and; promotion of community standards with tighter controls on prostitution and pornography.
Family First appealed de-registration. It said the purpose of Family First was to ‘advance education’. This is an accepted charitable purpose. Justice France said Family First’s primary activity is advocacy. It is promoting one form of family, rather than promoting the role of families in society generally. Its activities include holding an annual invitation-only conference and publishing material that contain opinion and information supporting its views. Any public benefit is not tangible, he said. ‘Advancement of education’ requires a balanced presentation of information so that readers can form their own views. Disseminating material which advances one point of view only is not ‘the advancement of education’.
re Family First New Zealand – High Court (31.08.18)
18.176