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Charity Law

Charity Law

By Jennifer Batrouney Q.C.

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In recent times, there has been mounting pressure in common law jurisdictions to codify the definition of a charitable purpose. This necessarily involves distilling years of judge-made law and restating it (with various degrees of specificity) in a statute, which is, in turn, interpreted by judges (and other end users such as regulators). Both New Zealand and Australia have undertaken this process in very different ways. Australia has produced a detailed statutory definition, whereas New Zealand has only lightly touched the common law. In this paper, I will consider how these different statutory approaches have played out in the hands of the judiciary.

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