Greenpeace will appeal High Court decision on charitable status

Greenpeace is appealing the High Court’s decision declining it the status of a charitable organisation.

Greenpeace New Zealand’s Executive Director Bunny McDiarmid says the issue had raised a vital debate about what it means to be a charity in the 21st century, and that the issues raised were of public importance.

“The High Court’s decision is a disappointing outcome not only for Greenpeace and our supporters but for New Zealand’s democratic process as a whole. The ruling fails to recognize the way the work of charitable organisations has changed over the years, and that there will be times when this crosses into the political arena,” she says.

The High Court had upheld an earlier decision by the Charities Commission declining Greenpeace charitable status.

While the Commission recognised that most of Greenpeace’s activities could be classed as charitable, the Commission said aspects of Greenpeace’s peace and disarmament work were too political to meet the public benefit test for charities. The Commission also held that Greenpeace’s activities included political advocacy at a level that disqualified it from being given charitable status.

The decision is not in line with developments in Australia, where the High Court there gave the advocacy organisation Aid/Watch charitable status, in so doing recognising the intrinsic value in democratic participation.

“Four decades ago our work on nuclear disarmament was a contentious issue, but the political landscape changed with time and New Zealand became a leader in the anti-nuclear movement. Most New Zealanders would agree this was for the public benefit,” says McDiarmid.

Despite not gaining charitable status, Greenpeace maintains its donee status, which under IRD rules means Greenpeace’s 60,000 financial supporters will still be able to receive tax rebates on their donations.