Destiny Church charities to be removed from Charities Register after failing to file annual returns

Wednesday, 22 November 2017

Destiny Church is fronted by self-appointed 'Bishop' Brian Tamaki.

Destiny Church has slammed the Charities Registration Board as 'incompetent' after receiving notice two of its charities would be stripped of their tax-exempt status.

The board announced the move, which would come into effect on December 20, on Wednesday.

The two charities are Destiny International Trust and Te Hahi o Nga Matamua Holdings Limited.

Board chairman Roger Holmes Miller said both had failed to meet their obligations under the Charities Act and would be de-registered.

'The Board can direct charities to be removed from the Charities Register when they persistently fail to meet their obligations under the Act and it is in the public interest to remove them.'

Miller noted the charities' 'persistent failure' to file their annual returns.

They had the option to lodge an appeal against the decision in the High Court by December 20, and would remain on the register until that time, Miller said.

Both charities are affiliated with the church in Wiri, south Auckland, which is run by controversial pastor Brian Tamaki and his wife Hannah.

Church spokeswoman Anne Williamson said the charities were 'very disappointed with the incompetent way this has been handled by the board and with the decision that has been advised, which is clearly wrong'.

They were asking for the decision to be recalled and an apology issued, she said.

Destiny International Trust is listed as providing religious services and activities, advice, information and advocacy, and services such as care and counselling.

Te Hahi o Nga Matamua Holdings is listed as a provider of buildings, facilities, or open space.

In October, the Department of Internal Affairs sent notices to both charities, advising them of its intention to remove them from the register as neither had filed annual returns since 2015.

The charities filed formal objections to those notices, citing a change to the Charities Act that required financial statements to be independently audited.

Williamson said in November an audit was underway and the process was 'well in hand'.

The 2016 annual return was filed on November 3, she said.

Miller said those objections were considered by the board at its meeting on Tuesday.

'The Board considered the objections but was satisfied that it is in the public interest to proceed with the removal of the charities from the Register.

'The Board was also satisfied that the grounds for removal have been met as there has been a persistent failure by the charities to meet their obligations under the Act.

'The Board considered that the integrity of the Charities Register would not be maintained if charities persistently fail to meet their obligations to file annual returns under the Act.'

Williamson said a Destiny staff member had received notice of the charities' de-registration at 4.59pm on Wednesday, but they had received no other correspondence from the board since the objections were lodged.

They had also not been given reasonable notice of the hearing to consider the objections, any advice, or an opportunity to make submissions, she said.

'The principles of natural justice, and the relevant Act itself, provides this must take place. The public and Destiny deserve better.'

If a recall of the decision and an apology were not received, the charities would lodge an appeal and pursue court costs from the board, Williamson said.

Destiny was working with an auditor to complete the 2017 return by December 1, she said.