26 February 2024
CHARITIES SERVICES
45 Pipitea Street, Wellington 6011
PO Box 12318, Thorndon, Wellington
6011, New Zealand
Freephone 0508242748
Mohammed Khan
www.charities.govt.nz
dia.govt.nz
Sent via email to: [FYI request #25664 email]
Tēnā koe Mohammed,
Official Information Act 1982 Request – OIA 2324-0573
Thank you for your request for information about information contained in the Effective
Charitable Trust’s Performance Report for the financial year 2023 which was received by the
Department of Internal Affairs on 8 February 2024. You have requested the following:
•
I have a few questions in regards the definition of 'charitable entities' and 'charitable
purposes' as understood by Charities Services.
In the FY2023 financial statements/audit report for CC51659, the 'Effective Charitable
Trust', the following 'charitable entities' are listed as receiving funding.
1) 'Sanford C Bernstein Co LLC': This is a wealth management advisory firm. Is this
considered a 'charitable entity' by Charities Services?
2) 'Fidelity Charitable Gift Fund': According to a Ha'aretz investigation in May 2021,
titled 'American Jews, Stop Funding Jewish Terrorism', this organization has been
used as a conduit to provide funding to 'Israeli' settler terrorist groups which
attack the native Palestinian population in Jerusalem and other areas of Palestine.
Is this considered a 'charitable purpose' by Charities Services?
3) 'Foundation for Defence of Democracies': According to November 2019 reports in
Al-Monitor and other newspapers, this anti-Muslim think tank operates, among
other things, a lobbying arm directed at the American government. Is subverting
the foreign policy of governments with which New Zealand's government has
friendly relations considered a 'charitable purpose' by Charities Services?
4) American Zionist Movement Inc.': this organization provides funding to the 'World
Zionist Organization'. According to a March 2015 report by the Jewish Daily
Forward, 'Zionist Group’s Vote Could Bare Israel’s Secret Funding of Settlements',
the Settlement Division of this organization is "a covert cash box for bankrolling
[illegal] settlement activity" by providing loans and other services to illegal
settlers in the zionist-occupied West Bank of Palestine. Is funding illegal
settlements considered a 'charitable purpose' by Charities Services?
Page 1 of 3
Response to your request
In response to your request I can provide you with the following information –
We do not hold any information on the activities or purposes of Sanford C Bernstein Co LLC,
Fidelity Charitable Gift Fund, Foundation for Defence of Democracies and American Zionist
Movement Inc as they are not registered charities in New Zealand.
Therefore, I must refuse this request under 18(e) of the Official Information Act 1982; that
the document alleged to contain the information requested does not exist or, despite
reasonable efforts to locate it, cannot be found.
Charitable purpose in New Zealand
I can, however, provide you with some general information about charitable purpose in New
Zealand. In general, as a registered charity, an organisation must have charitable purposes as
set out in the Charities Act 2005. There are four categories of charitable purposes set out in
the Act:
1. Relieving poverty
2. Advancing education
3. Advancing religion
4. Other purposes beneficial to the community
Further information on what are considered charitable purposes are available on our
website here:
https://www.charities.govt.nz/ready-to-register/need-to-know-to-
register/charitable-purpose/
Charities may choose to provide funding to other organisations to carry out their charitable
purposes and those other organisations are not required to be charities themselves. The
charity must however ensure that any funds they are providing to other organisations are
furthering a charitable purpose and providing a public benefit.
Complaints about a registered charity
If you wish to make a complaint regarding the Effective Charitable Trust please contact the
Charities Services’ Investigation Team
at [email address] outlining your concerns
and providing any evidence you wish for us to assess.
It may be useful for me to explain that under the Charities Act 2005 we only inquire and
investigate:
•
any serious or deliberate non-compliance of the Charities Act.
•
any registered charity and/or person who has engaged in conduct that amounts
to serious wrongdoing. “Serious wrongdoing” is defined in the Charities Act and
includes the unlawful or corrupt use of charitable funds, conduct that amounts
to an offence, oppressive or improperly discriminatory conduct, gross negligence,
and gross mismanagement.
•
any registered charity that may no longer be qualified for registration under the
Charities Act.
Page 2 of 3
Where a concern falls within our area of responsibility, we will only inquire into or
investigate a charity where we decide this is appropriate based on our assessment of the
nature and level of the risk relating to the issue or allegation. This is because, consistent with
our
Compliance Approach, we target our help and resources to the harms that impact on
public trust and confidence in the charitable sector and the effective use of charitable
resources.
You have the right to seek an investigation and review of my decisions about your request by
the Ombudsman pursuant to section 28(1) of the Act. The Office of the Ombudsman can be
contacted by writing to PO Box 10-152, Wellington or by email to
[email address].
Nāku noa, nā
Penelope Cox
Manager Regulatory
Charities Services
Page 3 of 3
