New Zealand Acts

CHARITIES ACT 2005 - SECT 54

54 Chief executive may give warning notices

1 This section applies if the chief executive considers that—

a) a charitable entity, or a person in connection with a charitable entity, has engaged in, or is engaging in, conduct that constitutes, or may constitute, a breach of this Act or serious wrongdoing; or

b) a charitable entity is, or may be, no longer qualified to be registered as a charitable entity; or

c) a person has engaged in, or is engaging in, conduct that constitutes, or may constitute, a breach of section 37 .

2 The chief executive may give a warning notice to—

a) the charitable entity concerned in the case of subsection (1)(a) or (b); or

b) the person concerned in the case of subsection (1)(c).

3 The warning notice must contain information or statements to the following effect:

a) the name of the charitable entity or person:

b) a statement of the matters that caused the chief executive to give the notice:

c) a statement of the action that the chief executive has taken, or is considering taking, in relation to the matters that caused the chief executive to give the notice:

d) a statement of the action that the chief executive considers should be taken to remedy the matters that caused the chief executive to give the notice and the date by which this action must be taken:

e) a summary of the grounds for the chief executive's opinion:

f) a statement of what might happen if the charitable entity or person does not comply with the warning notice.

History: Section 54 heading: amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).   Section 54(1): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).     Section 54(2): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).     Section 54(3)(b): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).     Section 54(3)(c): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).     Section 54(3)(d): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).     Section 54(3)(e): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).