Family First New Zealand V Attorney-General [2020] Nzca 366
FAMILY FIRST NEW ZEALAND V ATTORNEY-GENERAL [2020] NZCA 366 Court of Appeal of New Zealand, Clifford, Gilbert and Stevens JJ, 27 August 2020 Appeal seeking registration of a charity with a purpose of promoting traditional family values Key words: Charity, New Zealand, Charitable Purposes, Advocacy, Family, Ancillary Purposes, Education, Fourth Head, Human Rights 1. Family First New Zealand (Family First) was first deregistered by the New Zealand Charities Registration Board (the Board) in 2013, and over the next seven years, there were five decisions about their charitable status (Family First New Zealand v Charities Registration Board [2018] NZHC 2273; Family First New Zealand [2015] NZHC 1493). 2. In a split decision Clifford and Stevens JJ, Gilbert J dissenting, the Court of Appeal set aside the Board’s decision and declared that Family First qualified for registration under the Charities Act 2005 (NZ). 3. Family First takes a relatively traditional approach to the importance of families and marriage. Since its establishment in 2006 it has engaged in community discussions on divorce, prostitution, pornography, broadcasting standards and censorship, availability of alcohol and tobacco, gambling, abortion, euthanasia, embryonic cell research and the “anti-smacking” legislation. It has done this in many ways including published opinions, polemics and dissemination of various forms of research. First deregistration decision1 4. Family First was registered by the Board in 2007, but was deregistered in 2017. The Board summarised their reasons as follows (at [18]): First, the Trust’s main purpose is to promote points of view about family life, the promotion of which is a political purpose because the points of view do not have a public benefit that is self-evident as a matter of law.
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