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Charitable trusts and advancement of religion: On a whim and a prayer?

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dc.contributor.author Chevalier-Watts, Juliet
dc.date.accessioned 2012-11-15T20:35:32Z
dc.date.available 2012-11-15T20:35:32Z
dc.date.issued 2012
dc.identifier.citation Chevalier-Watts, Juliet. Charitable trusts and advancement of religion: On a whim and a prayer? Victoria University of Wellington Law Review, 43(3), 403-422. en_NZ
dc.identifier.issn 1171-042x
dc.identifier.uri http://hdl.handle.net/10289/6842
dc.description.abstract The advancement of religion is a controversial head of charitable trusts: whilst its foundations are based on tenets of intangible belief systems, New Zealand law, alongside other common law jurisdictions, supports the notion that the public benefit requirement of all charitable trusts be presumed in this particular head. Common law also reflects decades of evolution of the interpretation of the advancement of religion, thus not limiting the advancement of religion to only the traditional methods of yesteryear, such as offering church services. Nevertheless, with the recent contentious judgment in the New Zealand case of Liberty Trust v Charities Commission, this article submits that the established doctrines associated with the advancement of religion have been advanced beyond envisioned boundaries. The article supports a more conservative interpretation based on established case law. This would not only continue to support fully the evolution of the advancement of religion, but would also provide judicial certainty in an area of law that is undergoing continued change. en_NZ
dc.format.mimetype application/pdf
dc.language.iso en
dc.publisher Victoria University of Wellington en_NZ
dc.relation.uri http://www.victoria.ac.nz/law/research/publications/vuwlr en_NZ
dc.rights © 2012, The Author en_NZ
dc.subject charitable uses en_NZ
dc.subject trusts and foundations en_NZ
dc.subject common law en_NZ
dc.title Charitable trusts and advancement of religion: On a whim and a prayer? en_NZ
dc.type Journal Article en_NZ


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