8 October 2024
Naomi Priestly
[FYI request #28477 email]>
Our ref: OIA 2425-0282
Tēnā koe Naomi
Response to your Official Information Act request
Thank you for your email of 22 September 2024 to the Ministry for Ethnic Communities (the
Ministry) requesting the following information under the Official Information Act 1982 (the Act):
I am writing to request information under the Official Information Act 1982 regarding a
group called the Indigenous Coalition for Israel. On their website, they declare
themselves as a registered charity, linking to a certificate of registration. I have proof of
both. However, a search of the Charities Register does not show them as a registered
charity (the number on the certificate is 50078149, NZBN number 9429049907490).
I kindly request the following information:
1. All documentation and correspondence regarding why the Indigenous Coalition for
Israel is not listed on the Charities Register, including:
- Whether they were removed from the register, and if so, the reasons for their removal.
- Details of any funding provided to the Indigenous Coalition for Israel prior to the
removal.
2. Any information regarding proceedings or investigations against the Indigenous
Coalition for Israel related to their charity status.
3. Clarification on whether it is illegal for an organisation to declare itself as a charity if it
is not registered on the Charities Register/cannot be found on the Charities Register.
The Ministry does not hold any information about the Indigenous Coalition of Israel. Additional y, the
Ministry has consulted with Te Tari Taiwhenua – Department of Internal Affairs (the Department)
and was advised that the Indigenous Coalition of Israel are
not a registered charity, and therefore the
Department does not hold any information about them on its register.
To provide context, Charities Services is administered by the Department. It operates under the
Charities Act 2005 and is responsible for the registration, regulation and support of charitable
organisations throughout New Zealand. Charities Services ensures that registered charities comply
with legal requirements and works to strengthen public trust in the charitable sector. It also provides
guidance to help charities operate effectively and transparently.
The Department has seen no evidence of a holding out offence by the Indigenous Coalition of Israel
and notes that they are a charitable trust incorporated with the Companies Office. Furthermore, they
do not refer to themselves as a registered charity on their website. However, they note that they are
a charitable trust on their donation pag
e: https://www.indigenouscoalition.org/donate.
The Department has also advised the Ministry that under section 37(1)(a) of the Charities Act 2005, a
holding out offence is where a person uses a style or title including the words ‘registered charity’.
The Charities Act 2005 provides that it is an offence, punishable by a fine of up to $30,000, for
anyone to state or imply that an entity is a registered charity when it is not.
The Department notes that Not-for-Profit Organisations, Non-Governmental Organisations, and
charitable trusts are not required to be a registered charity and registration under the Charities Act
2005 is voluntary.
Therefore, I am refusing your request under section 18(g)(i) of the Act as the information requested
is not held by the Ministry and the person dealing with the request has no grounds for believing that
the information is held by another department or Minister of the Crown or organisation, or by a local
authority.
Under section 28 of the OIA, you have the right to seek an investigation and review by the Office of
the Ombudsman of my response relating to this request. The relevant details can be found on their
website at:
www.ombudsman.parliament.nz. Please note, due to the public interest in our work, the Ministry may publish responses to requests
for official information on our website, shortly after the response has been sent. If you have any
queries about this, please feel free to contact our Ministerial Services team:
[email address].
Ngā mihi
Edward Firth
Director of Ministerial Services
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