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Greenpeace of New Zealand v Charities Registration Board - judgment

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Greenpeace of New Zealand Incorporated (Greenpeace NZ) is part of the international Greenpeace movement that seeks a greener and more peaceful future. Greenpeace NZ’s focus in New Zealand now is advocacy for the protection of the environment, particularly protecting the environment and its population from climate change and protecting the ocean environment. 

Greenpeace NZ appealed from a decision of the Charities Registration Board |Te Rātā Atawhai (the Board) declining its application for registration as a charitable entity. This decision was made in the background of a legal case between the Charities Commission (now the Board), and Greenpeace NZ resulting in a Supreme Court decision (Re Greenpeace of New Zealand [2014] NZSC 105), where the Supreme Court remitted the decision back to the Board in light of its decision that a political purpose does not necessarily disqualify an organisation from charitable status if the advocacy is of public benefit. The Board declined Greenpeace NZ’s application, including because it advocated its own views on environmental issues and it could not be established that it was of public benefit and charitable ([6]). In addition to the appeal of the Board’s decision, Greenpeace NZ also applied for judicial review on the ground of apparent bias. Ultimately, Mallon J held that Greenpeace NZ was entitled to be registered as a charity and should be registered ([12]). 

The Charities Act 2006 (CA) provides for the registration of entities as charitable entities, with a society qualifying for registration if it “is established and maintained exclusively for charitable purposes” and is “not carried on for the private pecuniary gain of any individual” (s 13(1)(b)). S 5 of the CA defines “charitable purpose”, which includes whether it relates to the relief of poverty, the advancement of education or religion, or any other matter beneficial to the community. Any purpose of the entity, that is not ancillary to its main purpose(s), must fit within one of the four heads of charity (relief of poverty, the advancement of education, the advancement of religion, or any other matter beneficial to the community) and be of public benefit ([15]). 

One of the reasons the Board declined Greenpeace NZ’s application was because Greenpeace’s main activity is advocacy on causes that it considers will protect the environment (of which climate change falls within). In relation to climate change specifically, the Board found that “most of Greenpeace’s activities involve advocating its points of view on climate change and promoting those views to the public. The Board considers it is not possible to say whether the views promoted by Greenpeace on climate change are of a benefit in the way that the law recognises as charitable” ([76]). 

On appeal, the Attorney-General submitted that, in relation to climate change, while it accepted that addressing climate change is a public benefit, and advocacy aimed at that goal may be a public benefit, it depends on what is being advocated. The Attorney-General compared where advocacy was “simply that there is an urgent need to reduce our reliance on fossil fuels” which might be of public benefit, versus if the advocacy was “that we must stop all deep-sea oil drilling now” which the Attorney-General submitted was not a public benefit because there are complex choices to be made ([81]). 

Mallon J, in relation to climate change, found that “avoiding catastrophic climate change is also of benefit to the public. Advocacy to this end is a charitable purpose of public benefit, depending on its nature. Greenpeace NZ’s advocacy promotes reducing global emissions by limiting fossil fuel use and switching to clean energy. It is uncontroversial science that is an available mitigation measure” ([90]). Ultimately, the Court held that the Board erred in finding that campaigning for the protection of the environment (including climate change) was not a charitable purpose of public benefit ([101]). 

Greenpeace of New Zealand v Charities Registration Board

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

People with different national or cultural traditions from the dominant population

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

A tax advantage is an economic benefit applied to certain accounts or investments that are, by law, tax-reduced, tax-deferred, or tax-free. This can apply to investments in areas such as green energy projects or the agricultural sector, where tax advantages can help manage financial risks.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Activities that relate to the production of goods and services from forests.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

People who have left their homes, whether through force, voluntarily, or a mixture of both

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

woman and genders outside of the gender binary

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Greenpeace of New Zealand v Charities Registration Board - judgment

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance