In its decision dated 12 September 2019 Te Rātā Atawhai, the independent Charities Registration Board, (the “Board”) has decided to decline the application of Football Otago Youth Development Academy Trust to be a registered charity because it does not advance exclusively charitable purposes.
The role of the Board is to maintain the integrity of the Charities Register by ensuring that entities on the Charities Register qualify for registration.
The Board makes its decisions by applying the law to the facts before it. The Board must decline to register applications from organisations when they do not advance exclusively charitable purposes for the public benefit.
The Board has declined the Trust’s application to be registered because the primary purpose of the Trust is to promote the development and success of young, high-performance football players selected on the basis of talent or skill, rather than to promote public participation in sport. The promotion of success in sport by players selected on the basis of talent or skill is not a charitable purpose and does not benefit a sufficient section of the public.
Although the Board considers some of the Trust’s activities may advance education and promote public health through participation in sport, these activities are not the primary focus of the Trust, and therefore are insufficient to qualify the Trust for registration.
The Board also notes that the Trust was previously granted charitable status in 2010, before the insertion of section 5(2A) of the Charities Act 2005 in 2012. The Board considers that section 5(2A) makes a clear legislative statement on when sport can be considered to advance charitable purposes.
Roger Holmes Miller
Charities Registration Board