Article: Charities and Freedom of Expression

This article considers how freedom of expression jurisprudence might apply in the context of charities in New Zealand. It first considers whether charities have the right to freedom of expression and the scope of that right. It then examines whether denying or removing charitable status is a limitation on a charity’s freedom of expression. Here it argues, contrary to the finding in Canada Without Poverty, that in most circumstances it will not be a limitation because an organisation is not entitled to subsidised expression. If, however, denying or removing charitable status is found to be a limitation on freedom of expression, this article examines the relevance of NZBORA to decision-making by a charities regulator.