18 Mar 2010
CANTERBURY DEVELOPMENT CORPORATION V CHARITIES COMMISSION HC WN CIV 2009-485-2133
- Citation
- openlaw-6235ada2_166b_4a83_861b_0ccc85b8c1f9.pdf
- Court
- High Court
The Court held that CDC and CEDF primarily provide assistance to individual businesses and that any community benefit is too remote to satisfy the public benefit requirement for charitable status; CDCT's deed contains significant non‑charitable operative provisions; s61B is capable of applying across entity types but could not be used to sever the extensive non‑charitable provisions here without destroying coherent function; accordingly the Commission was correct to decline registration and all three appeals were dismissed.