New Zealand

This chapter begins with a brief overview of the country, its primary socioeconomic indicators, a history of the charitable sector and a depiction of its current characteristics. It then considers the background to the present relationship between charity and social policy, identifying the more salient issues that have emerged. This is followed by an outline of the history of the relationship between charity and the law in New Zealand as developed through its case law and legislative milestones. The common law foundations of the charity law framework are examined.

The template of legal functions (see, further, Chap. 3) is then applied to identify and assess the distinctive features of charity law as it has evolved and currently operates in New Zealand. This is matched with the primary social policy issues and the deficit, in terms of those areas of social policy that are not addressed or are inappropriately/insufficiently addressed by contemporary charity law, are identified and the implications considered. The chapter examines the outcomes of the protracted charity law review process, considers the actual and potential role for the Charities Commission and analyses the significance of the Charities Act 2005 for social policy issues. It concludes by reflecting on the distinctive characteristics of the relationship between charity law and social policy in New Zealand.