Modernising the Charities Act 2005: Submission from Hui E! Community Aotearoa

In July 2021, Hui E! Community Aotearoa provided a joint submission on modernising the Charities Act 2005 as part of a targeted review of the Act by the Department of Internal Affairs.

In writing the submission, Hui E! brought together the collective experience and knowledge of our
organisation and our network (both national and regional organisations). The submission reflected
our network’s key shared views and concerns.

We made two key recommendations:

Recommendation 1: A First Principles Review of the Charities Act 2005 and related legislation

We recommended that a first principles review is best done by an independent authority or group, such as the New Zealand Law Commission, to ensure the comprehensiveness and integrity of the process, to avoid
any conflicts of interest and to draw on particular expertise and related workstreams (such as the Law
Commission’s recent work reviewing the Incorporated Societies legislation).

Recommendation 2: Reflections on the Process for this Review (and future reviews)

We pointed out that the charitable sector in New Zealand has a lot to offer in government policy development and implementation – not just in respect of issues affecting our own legislation but on policy
consultation across government departments and on legislation in the House.

However, there is little to no resourcing available for this purpose from the Government. Frequently this means that organisations are either unable to participate, or are restricted in their ability to participate.
Muting the voice of the charitable sector is not in anyone’s interests and more can be done to
support this process, including the role of peak bodies.

Read or download the full submission here:

The joint submission was provided by Hui E! Community Aotearoa’s formal network, including the following
Age Concern New Zealand
Ara Taiohi
Alzheimers New Zealand
Awhinui Umanga Trust
Auckland North and Community Development Inc
Community Housing Aotearoa
Community Law Wellington & Hutt Valley
Community Waitakere
Make-A-Wish Foundation of New Zealand Trust
Network Otautahi Waitangi
New Zealand Coalition to End Homelessness
Volunteering New Zealand
YWCA of Hamilton
Zero Waste Network