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NZ Charities Commission to investigate cofs. Info needed

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rockyslammer

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Nov 27, 2009, 9:33:42 PM11/27/09
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D DAY .Plus three.

NZ Charities Commission to investigate cofs. Info
needed


The Charities Commission has notified us that they are going to
investigate the cofs in NZ. The Commission requests that anyone who
has relevant information that would help their investigation (see
below for examples of what would help) should send it directly into
the Commission. Here is the address:

The Manager
Monitoring and Investigations
Charities Commission
PO Box 8072
Wellington
sarah....@charities.govt.nz

Please send it to us as well so that we know what the Commission is
receiving. Email it to me please, rather than PM.

This relates to New Zealand, but source is source is source, so if you
have source for the finance directives and PLs it would be totally
relevant.

* People who have worked in finance to send specific details (ie
scanned pages with the ref) of PLs, directives relating to the sending
of a percentage of the earnings of the smaller orgs to the CLOs.
* First hand accounts of the disconnection policy being applied in
NZ, (we sent have some, but moar would be good),
o Copies of SP declares,
* If there is someone with an inside knowledge of the finances of
the cofs in Auckland - first hand experience in this field, please
could they send a letter about what they saw and experienced while
working for the cofs.
* We need info re under-age children working for the cofs, (we
have some of these, but again, moar would be good)
* We need examples of the crooked YFHR Helen Smith doing her thing
under the guise of scn,
* Examples of infiltration of schools, .
* Copies of the Cease & Desist letters from cofs Auckland.

I'll post this up on Asyd as well as I know a number of SydAnons have
been threatened & fairgamed by Mike Ferriss, and of course we have our
lovely letter from him as well.

Please make sure you label your correspondence appropriately, and the
reference would be Re: The Church of Scientology of New Zealand
Incorporated

Here is the letter we sent:


Dear Sir,

We wish to request that the Commission review its decision to grant
registered charity status to THE CHURCH OF SCIENTOLOGY OF NZ
INCORPORATED (the Church) CC27252.

We request this review on the following grounds:

a) That the church does not meet the requirements for registration as
a charity, and
b) That the Church is acting in a way that constitutes serious
wrongdoing, in that Church policies encourage unlawful, ant-social
activity and the deliberate break-up of families, and
c) That the Church has significantly and persistently failed to comply
with the Charities Act by falsifying its financial statements to
disguise the movement of income from the New Zealand Church’s
operations to its parent organization in the United States of America.


A: NOT MEETING REQUIREMENTS FOR REGISTRATION AS A CHARITY

The Church of Scientology is not a charity and does not merit
registration and the benefits of a registered charity.

The Church of Scientology is an international organisation which
promotes a belief system, doctrines and practices known as
Scientology. The international headquarters of the Church are in the
United States, but assets which are owned by the Church in this
country are currently held and administered by the branch of the
Church incorporated in New Zealand.

The Church is not charitable as an organisation established for the
charitable purpose of the advancement of religion because Scientology
is not a religion for the purposes of New Zealand charity law. The
definition of religion is characterised by a belief in a Supreme Being
and an expression of belief in that Supreme Being through worship. Re
South Place Ethical Society [1980] 1 WLR1565, Dillon J at p. 1572 D-E.
Scientology does believe in a supreme being but fails in the second
requirement.

The criterion of worship would be met where the belief in a supreme
being find its expression in conduct indicative of reverence or
veneration for the Supreme Being. R v Registrar General ex parte
Segerdal [1970] 2QB, 697 Winn LJ at p. 709A. It is not possible to
worship an ethical or philosophical ideal with reverence. Re South
Place Ethical Society, Dillon J at p.1573A. Worship may manifest
itself in particular activities which might include acts of
submission, veneration, praise, thanksgiving, prayer or intercession.
R v Registrar General ex parte Segerdal, Buckley LJ at p. 709 F-G.

The activities of auditing and training are what Scientology regards
as its worship. However, auditing is more akin to therapy or
counselling and training more akin to study. Both auditing and
training are not in their essence exhibitions of reverence paid to a
supreme being and such Scientology practices are not worship for the
purposes of charity law.

As auditing and training do not constitute worship as defined and
interpreted from the legal authorities, the Church fails to qualify as
a religion and thus fails the test for charitable status for the
advancement of religion.

The Church of Scientology was not established for the charitable
purpose of promoting the moral or spiritual welfare and improvement of
the community.

The key aspects of the charitable purpose of promoting the moral and
spiritual welfare or improvement of the community would be that the
doctrines, beliefs and practices of the Church were generally
accessible to the public and capable of being applied or adopted by
them according to individual judgment or choice from time to time in
such a way that the moral and spiritual welfare or improvement of the
community might result. Re Price, Cohen J at p. 432

The nature and organised practice of the beliefs of Scientology are so
inaccessible to the public and the application of them is so personal
that the moral and spiritual welfare or improvement of the community
that might result does not meet the test.

The Church of Scientology was not established for the public benefit.

Public benefit is a requirement of a charity and needs to be
established in every case, and proved in cases where there may be
doubt.

In the case of all organisations established for charitable purposes,
public benefit has to be present in fact for an organisation
established for the advancement of religion to be charitable. Coats v
Gilmour CA [1948] Ch 340, Lord Greene MR at p. 344.

In the case of Church of Scientology, the relative newness of
Scientology and the judicial and public concerns which had been
expressed about its beliefs and practices, indicate that it should not
be entitled to the presumption of public benefit. Accordingly, it is
for Church of Scientology to demonstrate that it is established for
the public benefit.

Where the practice of religion is essentially private, or is limited
to a private class of individuals not extending to the public
generally, the element of public benefit will not be established. In
re Hetherington, decd., Sir Nicholas Browne-Wilkinson V.C. at p. 12 D-
G, Coats v Gilmour CA, Lord Evershed at p. 357. This test must be
applied to the core practices of such an organisation and not to
incidental activities or other activities which may already be
regarded as charitable.

Were you to review the practices of auditing and training, considered
by Church of Scientology to be the central features of the practice of
Scientology, you would find that these are in fact conducted in
private and not in public and that in their very nature are private
rather than public activities such that no legally recognised benefit
could be said to be conferred on the public. It can not be concluded
that the benefits of the practice of Scientology extended beyond the
participants. Accordingly public benefit is not established.

B. ACTING IN A WAY THAT CONSTITUTES SERIOUS WRONGDOING

a) The Rules of the Church, as filed with the Commision, require
members to, “abide by the creed and doctrines of the Church” (Rule 4).
b) The doctrines of the Church include policies which direct its
members to:
a. Disconnect from members of their families and to not contact them
in any way. (HCO POLICY LETTER OF 23 December 1965RB Revised 8 January
1991) This is social abuse that is totally contrary to the public good
requirement of a registered charity.
b. Deprive persons of their property, injure persons by any means
without consequence, lie to people or destroy them. (HCO POLICY LETTER
of 18 October 1967, "PENALTIES FOR LOWER CONDITIONS") This is criminal
activity that is totally contrary to the public good requirement of a
registered charity.
c. Defame persons. HCO POLICY LETTER OF 25 FEBRUARY 1966, “ATTACKS ON
SCIENTOLOGY”) This is social abuse that is totally contrary to the
public good requirement of a registered charity.
d. Fraudlently masquerade as a “religion” while actually maintaining a
money-making enterprise capitalising on the tax-free status of the
‘church’.

C. FALSIFYING ITS FINANCIAL STATEMENTS
The financial statements of the Church have been falsified to hide the
fact that the Church of Scientology in New Zealand is required by its
parent organization in the United States to send it at least 10% of
the funds that are raised here. This is contrary to the requirement of
the Inland Revenue Department.


In support of this request, we note that the UK Charities Commision,
after an exhaustive legal process, found that the Church of
Scientology did not meet the requirements for a charity under the same
law as applicable in New Zealand. It seems to us that this decision in
1999 by the UK Charities Commision is, in itself, a sufficient reason
for the New Zealand Charities Commision to review its recent decision.
The UK Charities Commision finding can be located at
http://www.charity-commission.gov.uk.../cosdecsum.pdf

Should the Commision require assistance in obtaining objective
commentary and documents relating to the internal workings of the
Church of scientology, we would be only provide both documents and ex-
members of the Church who would be willing to testify under oath.

Yours sincerely,

Genny and Malcolm Long

[/I]
__________________
Genny (formally Gray) - Snr Cl IV C/S
Sydney Day 78 - 83
Declared SP
My Crime? Having a baby while on staff without CSW

http://www.forum.exscn.net/showthread.php?t=14987

Maureen

unread,
Nov 27, 2009, 9:47:38 PM11/27/09
to
On Nov 27, 8:33 pm, rockyslammer <rockyslam...@postmaster.co.uk>
wrote:

>     D DAY .Plus three.
>
>                  NZ Charities Commission to investigate cofs. Info
> needed
>
> The Charities Commission has notified us that they are going to
> investigate the cofs in NZ. The Commission requests that anyone who
> has relevant information that would help their investigation (see
> below for examples of what would help) should send it directly into
> the Commission. Here is the address:
>
> The Manager
> Monitoring and Investigations
> Charities Commission
> PO Box 8072
> Wellington
> sarah.conn...@charities.govt.nz
> The UK Charities Commision finding can be located athttp://www.charity-commission.gov.uk.../cosdecsum.pdf

>
> Should the Commision require assistance in obtaining objective
> commentary and documents relating to the internal workings of the
> Church of scientology, we would be only provide both documents and ex-
> members of the Church who would be willing to testify under oath.
>
> Yours sincerely,
>
> Genny and Malcolm Long
>
> [/I]
> __________________
> Genny (formally Gray) - Snr Cl IV C/S
> Sydney Day 78 - 83
> Declared SP
> My Crime? Having a baby while on staff without CSW
>
> http://www.forum.exscn.net/showthread.php?t=14987


What a great response to a letter.... Man the harpoons!


Maureen

LaserClam

unread,
Nov 27, 2009, 10:39:35 PM11/27/09
to
On Nov 27, 9:33 pm, rockyslammer <rockyslam...@postmaster.co.uk>
wrote:

> The Church is not charitable as an organisation established for the
> charitable purpose of the advancement of religion because Scientology
> is not a religion for the purposes of New Zealand charity law. The
> definition of religion is characterised by a belief in a Supreme Being
> and an expression of belief in that Supreme Being through worship. Re
> South Place Ethical Society [1980] 1 WLR1565, Dillon J at p. 1572 D-E.
> Scientology does believe in a supreme being but fails in the second
> requirement.
> The criterion of worship would be met where the belief in a supreme
> being find its expression in conduct indicative of reverence or
> veneration for the Supreme Being. R v Registrar General ex parte
> Segerdal [1970] 2QB, 697 Winn LJ at p. 709A.

Who convinced you that there was a god?

Hartley Patterson

unread,
Nov 28, 2009, 6:42:03 AM11/28/09
to
rockys...@postmaster.co.uk wrote:

> NZ Charities Commission to investigate cofs.

Oo.

> The UK Charities Commision finding can be located at
> http://www.charity-commission.gov.uk.../cosdecsum.pdf

I assume you intended to reference the summary, not the full 49 page
judgment?

http://www.charity-
commission.gov.uk/Library/registration/pdfs/cosfulldoc.pdf

http://tinyurl.com/rd4qc

I have the quote from the 'religious expert' they dictated the 'auditing
and training are worship' line to somewhere.

--
Sigs on holiday

xenufrance

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Nov 28, 2009, 10:03:05 AM11/28/09
to

"LaserClam" <Lase...@aol.com> a �crit dans le message de news:
f3f3bfcc-5ff8-487c...@o9g2000vbj.googlegroups.com...

who ever thought that you could be anything but a clam zombie idiot?

r

hoser1605

unread,
Nov 28, 2009, 10:25:51 AM11/28/09
to

Asshole

DamOTclese

unread,
Nov 29, 2009, 12:43:04 AM11/29/09
to
rockyslammer <rockys...@postmaster.co.uk> wrote:

>sarah....@charities.govt.nz

This is good to know, thank you for passing this along.

---
10-year-old boy rejects Republicanism: http://www.youtube.com/watch?v=Rbfs0EVsHbs
Does belief in astrology cause insanity? http://www.skeptictank.org/edm.htm
"They love them some god-fearin' dipshits, don't they?" -- SittingDuck

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