Destiny Church charities back under the microscope of Government watchdog

Friday, 17 December 2021

Destiny Church leader Brian Tamaki addressed thousands of anti-lockdown protesters at a protest at the Auckland Domain on October 2. He attended a second event on October 16, but maintains he did not organise either (first published October 30).

Destiny Church charities are back under the Government's microscope, Stuff can reveal.

The Department of Internal Affairs’ watchdog has opened an inquiry into four charities connected to the church run by Brian and Hannah Tamaki.

Internal Affairs describes the probe as an “initial inquiry” after its regulator, Charities Services, received 28 complaints since September 22, according to a document released under the Official Information Act.

“Charities Services has recently decided to open an initial inquiry into four Destiny Church charities to request information from those charities and seek clarification about the matters that have been raised by the complainants,” Stephen Reilly of Internal Affairs said.

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Destiny Church has a range of charities associated to it. In response to questions from Stuff, Charities Services general manager Mike Stone confirmed those involved are Destiny Church Auckland Trust, Destiny International Trust, Te Hahi o Nga Matamua Holdings Limited and Destiny New Zealand Trust.

According to the most recent annual returns, the combined total assets of the charities are over $5.7 million.

“In response to the issues raised by the complainants, we have recently sought information to determine whether the charities are meeting their obligations under the Charities Act 2005 and are expecting the charities’ responses in the New Year,” Stone said.

Brian Tamaki outside the Auckland Central Police Station after he was summoned to appear. (Photo first published November 2021)

“As this matter is now subject to our regulatory processes, it is not appropriate to make any further comment.”

Brian Tamaki is facing multiple charges of breaching the Covid-19 Public Health Order and breaching bail conditions after attending three separate demonstrations in the Auckland Domain.

He has pleaded not guilty.

His wife, Hannah, has also been charged with two counts of failing to comply with a Covid-19 order.

It’s not the first time Destiny Church charities have been scrutinised by the Government’s watchdog.

In 2016, Charities Services investigated after Tamaki made controversial comments about homosexuality, but found “insufficient evidence” to go further.

And in late 2017, Internal Affairs stripped two Destiny Church charities – Destiny International Trust and Te Hahi o Nga Matamua Holdings Limited – of their tax-exempt status after they failed to submit annual returns on time.

Both of those charities are also among those in the latest inquiry.

Brian Tamaki has led several protests at the Auckland Domain, campaigning against Covid-19 health measures (photo first published October 2021).

However, the church appealed the decision to the High Court, and in 2019 both charities, plus a third, Destiny Internal Group, had their tax-exempt status reinstated and backdated.

Chris Toal, natural health practitioner and author, complained about Destiny Church to the Charities Services.

Toal told Stuff he believes Destiny Church’s campaign against the Government’s Covid-19 health measures are inappropriate for a New Zealand charity.

Nearly 69,000 people have signed a petition calling on the Charities Services to revoke the church's charitable status, specifically that of its Auckland and Christchurch operations.

Destiny Church has been approached for comment.

University of Waikato senior law lecturer Dr Juliet Chevalier-Watts says whether Destiny Church’s recent protests and campaigns are serious, co-ordinated and repeated may determine if it loses its charitable status.

She said the Supreme Court’s 2014 decision on Greenpeace New Zealand’s charitable status after its breaches of the peace and trespass may help Internal Affairs decide the matter.

That case included discussion on whether the illegal activities were deliberate, co-ordinated, or required by Greenpeace.

The Supreme Court decided that generally, committing illegal activities won’t necessarily mean losing charitable status, unless the illegal activity is severe enough.

Chevalier-Watts said from what she has seen, she is unconvinced Destiny Church’s activities will be deemed serious enough, but Covid-19 and the public health risks involved means this is all new territory for Internal Affairs.

Chevalier-Watts said she “would not be surprised” if Internal Affairs looked into whether sanctions against Destiny were necessary, based on the Greenpeace case.