Family First New Zealand v Attorney-General

Family First New Zealand challenged the decision of the Charities Registration Board to remove it from the Charities Register. The Board's decision was based on the view that Family First's advocacy on specific issues such as abortion, euthanasia, and prostitution reform, did not constitute charitable activities. The case involved complex issues of charitable status and public benefit, particularly in the context of advocacy and political activities. The Court of Appeal was required to determine whether Family First's activities qualified for charitable status under the Charities Act 2008.

The Court of Appeal held that Family First's primary purpose was the advancement of education and the promotion of public goods, specifically the institutions of family and marriage. The majority of the Court found that Family First's advocacy on specific issues, while not self-evidently beneficial, was ancillary to its charitable purposes and did not disqualify it from registration. The Court emphasized that the promotion of specific viewpoints, even if controversial, could be considered charitable if it was part of a broader educational or advocacy purpose. The majority also noted that the "ancillary" exception could apply to activities that were not more than ancillary to the charitable purposes.

In dissent, one judge argued that Family First's advocacy on specific issues did not qualify under the fourth head of charity and was not merely ancillary to its charitable purposes. The dissenting judge maintained that Family First's core activities were primarily advocacy-driven and not aligned with the advancement of education or public benefit as required by charity law.

The appeal was allowed, and the decision of the Charities Registration Board to remove Family First from the Charities Register was set aside. The Court declared that Family First qualified for registration under the Act.

Solicitors: Brace Legal, Porirua for Appellant; Crown Law Office, Wellington for Respondent; Sue Barker Charities Law, Wellington for Charity Law Association of Australia and New Zealand as Intervenor.