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Charitable Trusts Act 1957

Miscellaneous provisions

58: Inquiries into condition and management of charities

You could also call this:

“The government can check how charities work and use their money”

The Attorney-General can look into any charities in New Zealand whenever they want. They can check how the charities work, what they do, how they’re run, and what they’ve achieved. They can also look at the money and property the charities have, and how they use it.

If the Attorney-General doesn’t want to do this themselves, they can ask someone else to do it. This could be someone who works for the government or any other person. The person they choose can look into the same things about the charities.

When someone is looking into a charity, the people who run the charity must help. They need to show all the papers and books about the charity when asked. They also need to answer questions about the charity. If they don’t help or answer questions, they might have to pay a fine of up to 20 pounds.

When someone is looking into a charity, they can use the same rules that are used for official inquiries. These rules are written in a law called the Commissions of Inquiry Act 1908.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309991.

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Part 5 Miscellaneous provisions

58Inquiries into condition and management of charities

  1. It shall be lawful for the Attorney-General from time to time, as he in his discretion may think fit, to examine and inquire into all or any charities in New Zealand, including trusts for charitable purposes within the meaning of Part 4, and to examine and inquire into the nature and objects, administration, management, and results thereof, and the value, condition, management, and application of the property and income belonging thereto.

  2. The Attorney-General may, instead of himself making any such inquiry or examination, from time to time appoint an officer of the Government service or any person to make the inquiry or examination in any specified case or cases; and it shall be lawful for the officer or person so appointed to examine and inquire into the charity or charities in New Zealand to which his appointment relates, including trusts for charitable purposes within the meaning of Part 4, and the nature and objects, administration, management, and results thereof, and to examine and inquire into the value, condition, management, and application of the property and income belonging thereto.

  3. It shall be the duty of all trustees and persons acting or having any concern in the management or administration of any such charity into which any such examination or inquiry is being made, or of the property or income thereof, on request, to produce to the Attorney-General or to the officer or person making the examination or inquiry all books, papers, writings, and documents in relation to the charity or the property and income thereof, or to the administration, management, value, condition, and application of that property and income, and to answer all questions and give all assistance in connection with the examination or inquiry which they are reasonably able to answer or give. Every person who acts in contravention of or fails to comply in any respect with any provision of this subsection commits an offence and shall be liable on conviction to a fine not exceeding 20 pounds.

  4. Without restricting the generality of the foregoing provisions of this section, it is hereby declared that for the purposes of any such inquiry or examination the provisions of the Commissions of Inquiry Act 1908 shall, so far as they are applicable and with the necessary modifications, apply as if the Attorney-General or the officer or person were a commission of inquiry appointed under that Act.

Notes
  • Section 58(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).