NZ Charities Commission to investigate cofs. Info needed

Once bitten

Patron Meritorious
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
[email protected]

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),
    • 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
www.charity-commission.gov.uk/library/registration/pdfs/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]
 

Div6

Crusader
Scientology does believe in a supreme being but fails in the second requirement.

It DOES? Where? When?

http://www.gerryarmstrong.org/50grand/cult/hcob-1963-05-11-routine-3-heaven-ex.html

"For a long while, some people have been cross with me for my lack of co-operation in believing in a Christian Heaven, God and Christ. I have never said I didn't disbelieve in a Big Thetan but there was certainly something very corny about Heaven et al. Now I have to apologize. There was a Heaven. Not too unlike, in cruel betrayal, the heaven of the Assassins in the 12th Century who, like everyone else, dramatized the whole track implants - if a bit more so.
......
What does this do to any religious nature of Scientology? It strengthens it.
New religions always overthrow the false gods of the old, they do something to better man. We can improve man. We can show the old gods false. And we can open up the universe as a happier place in which a spirit may dwell. What more can you expect? This actually places us far beyond any other beings that are about. It puts us, through increased beingness and a restoration of life, in control of much destiny."
 

ScudMuffin

Silver Meritorious Patron
You want to send them a copy of the 1999 UK Charities Commison report on the Church of Scientology.

infosect.freeshell.org/infocult/Charitycommissionscientology.pdf
 

Once bitten

Patron Meritorious
It DOES? Where? When?

http://www.gerryarmstrong.org/50grand/cult/hcob-1963-05-11-routine-3-heaven-ex.html

"For a long while, some people have been cross with me for my lack of co-operation in believing in a Christian Heaven, God and Christ. I have never said I didn't disbelieve in a Big Thetan but there was certainly something very corny about Heaven et al. Now I have to apologize. There was a Heaven. Not too unlike, in cruel betrayal, the heaven of the Assassins in the 12th Century who, like everyone else, dramatized the whole track implants - if a bit more so.
......
What does this do to any religious nature of Scientology? It strengthens it.
New religions always overthrow the false gods of the old, they do something to better man. We can improve man. We can show the old gods false. And we can open up the universe as a happier place in which a spirit may dwell. What more can you expect? This actually places us far beyond any other beings that are about. It puts us, through increased beingness and a restoration of life, in control of much destiny."

Hi Div6

In our letter we were quoting what the scns were saying to try to convince the UK charities commission that they should be tax-free, and we are using the UK's refusal as a basis for it being refused in NZ.

Thanks for this doc. This is what we need lots moar of to be sent to us, as it's what the commission need to read. (Even though it is utter garbage).


:thumbsup:

Keep 'em coming
 

Once bitten

Patron Meritorious
You want to send them a copy of the 1999 UK Charities Commison report on the Church of Scientology.

infosect.freeshell.org/infocult/Charitycommissionscientology.pdf

Thanks. We have sent them the link and it's what we are using as a basis for our complaint. It's really very well explained why they were refused in the UK, and we will be using it.
 

Div6

Crusader
Hi Div6

In our letter we were quoting what the scns were saying to try to convince the UK charities commission that they should be tax-free, and we are using the UK's refusal as a basis for it being refused in NZ.

Thanks for this doc. This is what we need lots moar of to be sent to us, as it's what the commission need to read. (Even though it is utter garbage).


:thumbsup:

Keep 'em coming

OIC. Well, if you can find a pre-basics version of History of Man, in the chapter on theta clearing you will find this quote about theta clearing:

L. Ron Hubbard, 1952, History of Man, Chapter 8

"Theta clearing is about as practical and simple as repairing a shoe
lace. It is nothing to do with hypnotism, voodooism, charalatanism,
monkeyism or theosophy. Done, the thetan can do anything a stage
magician can do in the way of moving objects around. But this isn't
attained by holding one's breath or thinking right thoughts or voting
Republican or any other superstitous or mystic practice. So for the
reason I brought up, rule out, auditor, any mumbo jumbo or mysticism,
spiritualism, or religion."





DM had the word "religion" removed from that paragraph.
 

greebly

Patron with Honors
Well done once bitten!!!
This is more ammunition and it's happening in force with everything else.
:coolwink::omg::coolwink:
 

AnonyMary

Formerly Fooled - Finally Free
I wish I could be of help. Thanks to all who are :)

ps: Div6, that is a very good documenting quote!


Mary McConnell
 

Kutta

Silver Meritorious Patron
I am in awe of you Once Bitten. This is fantastic.

Even when I was a fully fledged scino and SO member, i never thought of scientology as a religion. I couldn't see anything that would qualify it as one, and actually it wasn't promoted as a religion. Although there was the ministers course, I don't recall any staff member or public acting as though they were partaking in a religion. I would never even then have insulted practicing christians I knew by claiming I was studying or practicing a religion. We were thetans, yes, but who did we worship? Who did we pray to? Confess our sins to? Praise and veneration of Ron, Yes. OMG, what a joke, how obscene, how utterly disgusting. As far as I can tell, the emphasis on the CHURCH of scientology emerged only when tax exempt status was being sought.
 
At the Oscars they getup on the stage and say:
Firstly, I wanna thank God.........."

Ask a practising christian who they respect above all others
or who they always express their gratitude to, or even who created the universe and it will be God.

When OTs get up for their "Oscar", their latest cert. and who do they thank? Correct! DM, and sometimes that other guy.

Ask them who they express gratitude to. Same Same. First DM, then that other guy.

Who created the universe?
They'll say: "Well, I mocked up my own universe, is that the universe you mean?"
If you persisted, some would definitely say: "Well actually, I think ron mocked up the universe so we could have a game." This is not far fetched.
 

byte301

Crusader
I am in awe of you Once Bitten. This is fantastic.

Even when I was a fully fledged scino and SO member, i never thought of scientology as a religion. I couldn't see anything that would qualify it as one, and actually it wasn't promoted as a religion. Although there was the ministers course, I don't recall any staff member or public acting as though they were partaking in a religion. I would never even then have insulted practicing christians I knew by claiming I was studying or practicing a religion. We were thetans, yes, but who did we worship? Who did we pray to? Confess our sins to? Praise and veneration of Ron, Yes. OMG, what a joke, how obscene, how utterly disgusting. As far as I can tell, the emphasis on the CHURCH of scientology emerged only when tax exempt status was being sought.

Same here Kutta. Besides, I always wondered how they could claim to be a religion yet tell everyone that they could still participate in their own religion and still be a scilon.

How many people do you know who belong to two religions? I don't know a one. It's ridiculous. I never knew a scilon who went to a REAL church on Sunday either. And if you DID go to a real religion how long would it take before they told you it was out ethics?

Lie after lle after lie.
 

Once bitten

Patron Meritorious
Same here Kutta. Besides, I always wondered how they could claim to be a religion yet tell everyone that they could still participate in their own religion and still be a scilon.

How many people do you know who belong to two religions? I don't know a one. It's ridiculous. I never knew a scilon who went to a REAL church on Sunday either. And if you DID go to a real religion how long would it take before they told you it was out ethics?

Lie after lle after lie.

EIther out ethics or mixing practices. Where does that come into the picture? I remember this auditor who was also an osteopath. She got into serious trouble for being an osteopath instead of doing assists and crap. Can anyone shed light on the mixing practices thing?
 

Sassy

Patron Meritorious
Same here Kutta. Besides, I always wondered how they could claim to be a religion yet tell everyone that they could still participate in their own religion and still be a scilon.

How many people do you know who belong to two religions? I don't know a one. It's ridiculous. I never knew a scilon who went to a REAL church on Sunday either. And if you DID go to a real religion how long would it take before they told you it was out ethics?

Lie after lle after lie.
You both really hit this one on the head! Even Tom Cruise spoke about how you can still be a Christian, a Jew etc. and practice scientology. WTF?? I cannot believe the IRS gave exemption to this whole scam. :duh:
 
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Cherished

Silver Meritorious Patron
This is important. bump.

Send whatever info you have. Your statement of evidence you can give about the CoS is relevant.
 
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