ANGOA Roundtable Newsletter Next Roundtable: Thursday 13 October, 10am to 12.00 Venue: The Tui Room, Platform, Level 3, 147 Tory St, Te Aro, Wellington Kia ora koutou katoa, nga mihi nui kia koe – Greetings - All are Welcome. Feel free to forward this invitation, and the newsletter, to others who may be interested. ANGOA disseminates this information as part of its work to strengthen the Tangata Whenua Community and Voluntary Sector in Aotearoa New Zealand. Any enquiries, to be added to the Roundtable mail list, or to be removed from it, please contact ANGOA Coordinator: dave.henderson@angoa.org.nz . Whakaarohia a Papatūānuku i mua i te tānga mai i tēnei īmera. Please consider the environment before printing this newsletter Contents: In this Newsletter: 1. QUOTE OF THE MONTH 2. Agenda for the Roundtable 13 October 2011 3. ANGOA Membership and Information 4. Crown Entities Reform Bill – proposed absorption of Charities Commission into DIA 5. Proposals for a new Accounting Standards Framework 6. Review of the Incorporated Societies Act 1908 7. Possibilities for the New Zealand Constitution 8. Victory Village Forum 9. High Volunteerism Can Mean Lower Unemployment Rates, Study Says 10. HOW COMMUNITIES HEAL project – Recent Articles 11. Minister welcomes new Human Rights Commissioner 12. The Social Enterprise Journey: balancing social mission with making money 13. Upcoming ANGOA Forums and Meetings 1. Quote of the Month: “I’m a Citizen – I have a right to participate!” CIVICUS Secretary General Ingrid Srinath sums up the mixture of indignation, anger, frustration, strength and vision that is at the heart of the civil society movement, plus of course the ‘Arab Spring’ and calls for greater accountability, transparency and legitimacy on the part of governments everywhere. 1 2. Agenda for the Roundtable 13 October 2011 2.1 Paul James, Deputy CEO responsible for Policy, Regulatory and Ethnic Affairs at the Department of Internal Affairs. Besides Ethnic Affairs, Paul already has the Office for the Community and Voluntary Sector in his Branch of the Department, and if the Crown Entities Reform Bill gets through the next government (after the election) he will also probably end up with the Charities Commission as well. At the Roundtable Paul will talk about how that transition might happen (which has big implications for us) and the wider relationship between the Department and the sector. (See item 4 in this newsletter) Other policy and regulatory areas for Paul’s Branch include Local government and community policy; Gambling, racing and censorship policy; Civil defence emergency management policy; Fire Services policy; Anti-Spam; Censorship; and Money Laundering. 2.2 David Robinson, Social and Civic Policy Institute and ANGOA Coordinating Committee, and Dave Henderson, ANGOA Coordinator. David and Dave will report from the CIVICUS Assembly and Conference in Montreal, which included the annual meeting of AGNA, the Affinity Group of National Associations (i.e. the one-per-country national umbrella groups for the whole sector, like ANGOA) the Asian National Associations meeting, the CIVICUS Members meeting, and very many plenary and streamed sessions. 2.3 Mike Nuth and Jordan Ericsson; New Zealand Red Cross Jordan is the programmes coordinator for the NZRC Wellington service centre, and Mike is Research Advisor at NZRC National Office. They will speak briefly about wanting to form partnerships with other community organisations in the area to establish community projects that will provide volunteer opportunities for young people. 2.4 Other Current Issues: This is an opportunity for ANGOA member organisations, and others present, to make announcements, raise issues of government policy, discuss legislation out for submissions, find collaborators, or just have your say! 3. ANGOA Membership and Information ANGOA Information ANGOA is an independent non-profit incorporated society, supported in part by an anonymous Family Trust. We receive no funding from Government other than for specific projects, and we sincerely thank the Trust for the independence it gives us. Contributions for specific projects have been received from the Ministry of Economic Development and Lottery Grants Board. We are a member of CIVICUS, the world association for citizen participation, and CIVICUS offshoot AGNA, the Affinity Group of National Associations. ANGOA Membership – If you are an NGO you are Welcome to Join! Subscriptions are an important component of support for ANGOA’s work, helping us remain independent of Government. An Application and Renewal form can be requested from the Coordinator, or printed from the website. Membership is open to any NGO supporting the objects of ANGOA and committed to paying the subscription of $100 per year including GST. Additional donations are welcome. Organisations and individuals who do not qualify as members but who support ANGOA’s aims are welcome to make a donation, and may receive many of the materials ANGOA produces. We thank you warmly for your support. The Membership Form can be found at: http://www.angoa.org.nz/angoa_docs/membership_form.pdf 4. Crown Entities Reform Bill – proposed absorption of Charities Commission into DIA State Services Minister Tony Ryall announced his introduction of this Bill into Parliament with a press statement on 29 September - see http://www.scoop.co.nz/stories/PA1109/S00581/crown-entities-reform-bill-introduced.htm 2 This week Parliament is expected to send it to Select committee for consideration. Minister Ryall’s reasons for the changes to several government agencies in the Bill are entirely economic – he wants to reduce the number of public servants and save money, so the plan is to have the changes in place by the start of the next financial year – 1 July 2012. This means the timeline for submissions will be quite tight. Many of the issues that ANGOA will raise in its submission are the same as we raised in the widely-supported Position Paper in July – see http://www.angoa.org.nz/angoa/?&action=show_page&page=news/2011-07-08Position-re-Charities-Act-Review Minister Ryall said in two letters to ANGOA that he was considering these issues, but they are not addressed at all in the Cabinet papers that paved the way for this Bill. He seems to see it as a simple restructuring – not an opportunity to address real issues that ANGOA members have been highlighting for the past 18 months. So what is lost, if anything, in the proposals? ANGOA’s big question is whether bureaucrats in the Department of Internal Affairs, advising a Board of 3 minister-appointed Commissioners, will be any better than what we have at present at understanding the concerns that keep coming up? If these are not addressed, we will have a lost opportunity. Mostly these concerns are around Advocacy, which is a natural part of the existence of so many organisations – we see a situation that can be made better and we organise ourselves to address it. When the situation is being caused or exacerbated by people in power such as government, or they have the means to fix it, we advocate to those people in power. This is our right, in a democracy. The problem arises when the Charities Commission interprets that advocacy as becoming one of our purposes as an organisation. The actual Bill transfers, it appears, that all but two of the existing Commission's functions. The current section 10(1)(a) and (b) of the Charities Act are proposed to be moved to section 3 "Purpose of the Act". The requirement to "consider" applications in current section 10(1)(e) has been removed and the DIA is proposed to have to refer all applications and proposals for deregistration to the board for decision – see proposed clause 10(d). Current section 10(1)(l) and also (n) have not made it into the Bill. This is a reflection of the fact that the DIA is a government department and not an autonomous crown entity. The most serious of these last two is 10(1)(l) which allows the current Commission to “consider, and report and make recommendations on, any matter (for example, a proposed government policy) relating to charities(i) that is referred to it by any Minister of the Crown; or (ii )on its own motion;" If the current Commission were to want to review the definition of "charitable", or aspects of its interpretation, this clause gave it that ability. For this reason the clause was widely supported by the sector when the Charities Act 2005 was being considered. We felt it was a good thing to have this independent, informed body empowered to take a look at such issues. The loss of this function is a real loss of the potential role that the existing Commission has had, as wise guardian and champion of the sector, regardless of whether the Commission had yet taken on that role. The Chief Executive of DIA, who under the new Bill will be responsible for most functions of the existing Commission, will have the power under other existing legislation to raise such matters with their Minister. From a sector perspective, whether there is more chance of that happening through DIA than through the existing Commission is open to conjecture – it will come down to the sector’s relationship with the department. ANGOA thanks Susan Barker of Chen Palmer Law and Iain Hines of JR McKenzie Trust for assistance in developing these points. 5. Proposals for a new Accounting Standards Framework Commerce Minister Hon Simon Power has announced proposals to simplify the financial reporting framework for small and medium-sized businesses and registered charities. 3 “The changes will strengthen the public’s confidence that the money they donate to charities is being used effectively and efficiently. It will also clarify charities’ financial reporting obligations, particularly as many rely on volunteers who are currently unsure about what they need to prepare” said the Minister. Following this announcement, the External Reporting Board (XRB) (formerly the Accounting Standards Review Board; ASRB) has released a Position Paper and two Consultation Papers outlining proposals for a new Accounting Standards Framework for for-profit and public benefit entities. The closing date for submissions on the Consultation Papers is 16 December 2011. Submissions should be emailed to submissions@xrb.govt.nz . Commerce Minister’s press release: Simplified financial reporting proposed for SMEs, charities The related Multi-Standards Position Paper is available here Key Aspects of the XRB Proposals The XRB's accounting standards framework documents take into account the Government's announcement. The XRB's proposals include: A three tier structure for public benefit entities (which includes registered charities) with all entities with expenses less than $2 million being in Tier 3 - this includes many small public sector entities as well as the majority of registered charities; The establishment of a set of NZ PBE* standards based on International Public Sector Accounting Standards modified as appropriate for New Zealand circumstances and also for application by not-forprofit entities; The use of a simple format reporting approach for tier 3 entities. New Zealand Public Benefit Entity The XRB's Consultation Papers propose that the new for-profit framework be in place in time for it to be early adopted from 1 July 2012, the PBE framework so far as it applies to public sector entities be effective for financial years beginning on or after 1 July 2013, and the PBE framework for not-for-profit entities be effective for financial years beginning on or after 1 July 2014 (with early adoption allowed). These dates are dependent on the results of the consultation process, and when the legislative changes needed to give effect to the Government's announcement are enacted and come into force. The detailed proposals for each tier are contained in the relevant Consultation Paper: Accounting Standards Framework for General Purpose Financial Reporting by Public Benefit Entities. The XRB plans to run seminars in Auckland, Hamilton, Wellington and Christchurch in early November 2011 to outline its proposals and discuss them with interested parties from all sectors. Arrangements for these seminars will be posted on the XRB website in due course. ANGOA has made a funded agreement with Ministry of Economic Development to organise consultation sessions on these documents with local organisations in Auckland, Hamilton, Gisborne, Wellington and Christchurch. We will be seeking host organisations to assist with these – if you are interested please contact the ANGOA coordinator – dave.henderson@angoa.org.nz 6. Review of the Incorporated Societies Act 1908 The closing date for Submissions has been extended from end September to end October, so you can still make input to Geoff McLay, Commissioner, at incsocs@lawcom.govt.nz An active discussion has been happening within ANGOA, noting to apparent bifurcation that is happening in the sector internationally. At the recent CIVICUS conference a report was launched that identified a growing "dissociation" between Civil Society Organisations (CSOs, although a term more frequently used in New Zealand is often NGOs) and citizens generally. This was based on a review of the Civil Society Index data from 29 countries, 2008-2011. The CIVICUS report says; Civil society is undergoing its most significant crisis and change for a generation. Many established civil society organisations (CSOs) are struggling under the weight of multiple economic and political 4 challenges, but are also shown to be disconnected from many citizens, and particularly from new and informal forms of participation and activism. http://e2ma.net/go/7194184162/208664148/224582042/1408216/goto:http://civicus.org/news-andresources/602 This is disturbing for an organisation that has tended to regard CSOs as a proxy for citizens, but clearly from the report citizens are not regarding big CSOs as representing their interests. People are finding their own ways to communicate and support each other using less formal organisational means. This is facilitated by social media and the wide availability of cellphones – witness the success of the Christchurch ‘Student Army’. The introduction to the Law Commission’s Incorporated Societies Act review document states that the legislation is deficient in addressing issues of "modern Governance structures" and issues relating to modern dispute resolution". Whilst recognising the diversity of Not for Profit organisations the discussion at times sounds like a concern to develop the structures with more emphasis on corporate governance model. For example the review questions include one that asks whether the Companies Act obligations could be included and then how these need to be altered. This is asked when a more general question would be appropriate about what obligations need to be included for Incorporated Societies that are sensitive to the diversity of the those organisations, and what obligations that reflect the diverse purposes for which not for profit and community organisations are established. The review is useful and has the potential to provide some useful guidelines for Not for Profit organisations, although the overall concern of the review seems to be with Governance; a term that is derived from corporate and management theory. It is also concerned with issues of compliance, conflict resolution, and conflict of interest where there is some emphasis on possible greater emphasis on legal options and processes which if put in place could have negative consequences especially for access to redress. The Law Commission also offer examples from jurisdictions in Canada and Australia which are offered as ways in which the new Act could be developed. These examples are drawn from very large documents that require some close analysis to make sense of and they are often referred to without any contextual considerations. The Australian example is instructive: The Community Council for Australia (CCA) was formed in 2010 by a group of charities to influence government regulation and funding of the Not-for-Profit (NFP) sector. The initiating organisations were Hammond Care, Mission Australia, Philanthropy Australia, Social Ventures Australia, the Benevolent Society, The Smith Family and World Vision Australia. Such groupings obviously have value, no question, but the purposes do not seem to include supporting and encouraging citizen participation, other than as volunteers in well-established structures, as donors, or as the recipients of services funded by Government. In looking at our own incorporated Societies legislation we have to make sure it supports not just large charities with sophisticated governance structures, but also small community and whanau-based groups for whom those structures are irrelevant, where governance is not separated from community, and where imposition of these structures would be a disaster for communities’ strength and resilience. All this is taking place in the context of a range of other reviews including the charities act and the reporting framework. Government’s approach is piecemeal – it is up to us to keep the big picture. Thanks to members of the ANGOA Coordinating Committee for comments included here. Further comments are welcome, to dave.henderson@angoa.org.nz 7. Possibilities for the New Zealand Constitution In a presentation to the AGNA Asian Regional Meeting at CIVICUS Conference Sixdon Macasaet of the Philippines national association CODE-NGO included a summary of major laws on civil society organisations in 5 the Philippines. New laws were put in place as part of a re-writing of the Constitution following the People Power revolution that overthrew the Marcos regime. This is in contrast to the vagueness of the commitments in New Zealand’s Kia Tutahi. Although the structures for government and for delivery of services are very different, the Philippines response has an interesting mix of high-level principles and practical assurances of participation. The laws reflect these two levels; 1) 1987 (People Power) Constitution: the State shall encourage civil society organisations the State shall respect the role of civil society organisations to enable the people to pursue their legitimate and collective interests the right of the people and their organizations to participate in decision making at all levels shall not be abridged 2) Laws that Recognize CSOs and their Participation in Governance/ Decision Making Local Government Code (1991): civil society organisation membership in Local Development Council and Special Bodies (e.g. Local School Boards, Local Health Boards, etc) Social Reform and Poverty Alleviation Act (1997): civil society organisations participate in 14 basic sectoral councils/ National Anti-Poverty Council. 8. Victory Village Forum Download Report ( PDF 3.46 MB) More than 250 delegates attended a Victory Village Forum in Nelson, July 27–29, 2011. The forum aimed to showcase the Victory Community — ‘Kiwibank New Zealand Community of the Year’ in 2010 — and share information about family-centred, community-led development. The three-day forum, organised by Victory Village, Inspiring Communities and the Families Commission, was fully subscribed – underscoring an interest in New Zealand in thinking differently about how we work within and across communities, and promote family-centred, community-led ways of working. This new way of working requires thinking about what is best for families, and allowing communities to lead the changes they want to see. The forum received widespread interest and the more than 250 delegates came from central and local government, iwi, community organisations, social service providers, education and health sectors, business and funding agencies. The diverse mix of people represented the individuals, groups, agencies and organisations working at all levels of family-centred, community-led development. 9. High Volunteerism Can Mean Lower Unemployment Rates, Study Says US States in which a big share of people volunteer, vote, and participate in other civic events tended to suffer the least-drastic increases in joblessness during the downturn, according to a new report. The study, by the National Conference on Citizenship and others, mined federal labour statistics and Census data from about 50,000 American households. It found that states that did well based on five measures—helping neighbours, volunteering, registering to vote, voting, and attending meetings—in 2006 did not face big rises in unemployment from 2006 to 2010. States in which a high proportion of people helped their neighbours did best, followed by those with strong volunteering rates. Alaska, Iowa, Kansas, Minnesota, Nebraska, North Dakota, South Dakota, and Vermont were among states with the highest rates of volunteering and some of the smallest increases in unemployment from 2006 to 2010. On the other end of the spectrum, the states with the lowest rates of volunteering and helping neighbours had the highest rise in unemployment during that time: Alabama, California, Florida, Nevada, and Rhode Island. 6 By Peter Bolton, from the Chronicle of Philanthropy, September 28 2011 http://philanthropy.com/article/High-Volunteerism-Can-Mean/129109/?sid=pt&utm_source=pt&utm_medium=en 10. HOW COMMUNITIES HEAL project – Recent Articles The next article in this series ... Kim Workman – “Rethinking Crime and Punishment” can be read online at http://tinyurl.com/hchworkman or download the PDF file (for printing) at http://tinyurl.com/HCH06PDF Kim Workman is a retired public servant who is an active social entrepreneur on the issues of criminal justice and prison reform. He has had a guiding hand in establishing the first kaupapa Maori-based prison units in the country, and also the first faith-based prison unit in the British Commonwealth. Workman has also created strategies for how communities can better support prisoners and their families, and has introduced many innovations in the field of restorative justice. As a public advocate for reform, he has encouraged many New Zealanders to completely rethink their attitudes towards crime and punishment. The HOW COMMUNITIES HEAL project is being published in fortnightly instalments on the internet at www.nzsef.org.nz/howcommunitiesheal. We encourage anyone to link with, share and further redistribute these profiles and articles. Comments and conversations on this project are encouraged on our Facebook page at www.facebook.com/howcommunitiesheal, and on Twitter at @HowCommHeal The online publication of this project has been made possible by the Bishop’s Action Foundation. 11. CIVICUS: World Alliance for Citizen Participation CIVICUS Mission CIVICUS is an international alliance dedicated to strengthening citizen action and civil society throughout the world. CIVICUS Vision A worldwide community of informed, inspired, committed citizens engaged in confronting the challenges facing humanity. Trying to use a water pistol to stop a charging rhino This week saw some of the world's largest and most powerful institutions host their annual meetings. At the United Nations, the World Bank and the International Monetary Fund global leaders conferred with each other and with experts and representatives from academia, business, media and civil society on the critical economic, social, political and ecological issues that loom ever larger. You would imagine, given the urgency of the crises, that leaders would transcend short-term sectoral, national and ideological boundaries to find solutions bold enough to make some dent in the problems that confront us. What emerged was best described by Paul Krugman's words in a slightly different context: trying to use a water pistol to stop a charging rhino. As those charged with governing our planet continue to prioritise those "too big to fail" over those "too small to count", the words of Laila Iskandar, Managing Director, Community and Institutional Development Group, Egypt, at the IMF-World Bank-civil society town hall meeting offered a refreshing change of tone. I hope you will find them as inspiring as I did. The video version is available here. IMF-World Bank civil society town hall meeting Remarks by Laila Iskandar, Chairperson, CID Consulting (a social enterprise in Cairo, Egypt), Board Chair, Spirit of Youth NGO in Cairo (situated in the garbage collectors' neighbourhood of Manchiyet Nasser), and Member, Global Recyclers without Borders Network “From the global CSO community we bring you news of our work with millions of people on six continents. We have tested innovative approaches such as mobile banking and others. We have documented best practice, 7 shared it and been responsive to changing realities of real people in communities. We have professionalised our practice, modernised our methods and transferred our know-how across boundaries and regions. We have formed global coalitions, adopted a unified vision, agreed on and advocated on global issues”. Read more Civil society involvement in ICANN: Strengthening future civil society influence in ICANN policymaking Source: Association for Progressive Communications The Internet Corporation for Assigned Names and Numbers (ICANN) occupies a unique role in that it manages a global public resource (the Internet's domain name addressing space), but it shares this responsibility between businesses, governments and civil society participants from many nations. It represents a unique blend of "multistakeholderism" governance. This paper investigates ICANN's processes, the role of civil society within decisionmaking and highlights lessons learned from this multi-stakeholderism experiment as well as recommendations for future similar initiatives. Read more 12. Minister welcomes new Human Rights Commissioner On 26 September Minister for Disability Issues Tariana Turia welcomed Paul Gibson as the first Commissioner appointed to the Human Rights Commission with a formal responsibility for disability issues/ disabled people. This role sends a message that this Government is listening to disabled people and we're putting things in place that are important to them and with a man like Paul leading the charge, we're on the right track" Mrs Turia said. “Paul is a blind man who has been a staunch advocate for people living with disabilities. His previous experience includes several senior positions in non-government organisations where he has built up experience in leadership roles in disability policy, management and governance. "Paul's appointment is for 18 months but I'm optimistic that legislation will be passed by the next Parliament to make the position a permanent full-time role. ANGOA also welcomes this step forward and congratulates Paul, a former member of the ANGOA Coordinating Committee. 13. The Social Enterprise Journey: balancing social mission with making money Dates: 15 November (Wellington) and 22 (Auckland) Trainer: Bice Awan (Skylight) Venue: School of Public Health, Newtown (Wellington) and Mercy Spirituality Centre, Epsom (Auckland) Price: $195 for not-for-profit organisations, $395 for public sector. Includes GST, lunch and tea. Bice Awan (Chief Executive, Skylight) is passionate about the concept of social enterprise and is looking forward to sharing ideas, stories and tips with organisations who are curious about the operating model. By operating as a social enterprise, organisations can reduce their dependency on external funding. The workshop will benefit those who are: Wanting to become more self-sufficient and are curious about the concept, but need more information to gauge if the model is compatible with their organisation. Considering ways to broaden funding portfolios. Interested in developing their existing social enterprise initiatives. Eager to hear a discussion on social enterprise that is backed up by real life experience. To find out more, download an information sheet and booking form from the Development Action homepage (www.developmentaction.co.nz). Places are limited for this workshop, so we encourage you to book early. Contact Lee Sentes (lee@developmentaction.co.nz) with any questions. 14. Upcoming ANGOA Forums and Meetings Coordinating Committee 13 October, 8 December; 12.20 pm after the Roundtable Offers, suggestions or recommendations of presentations are welcome for any or all of the following events; please contact the Coordinator dave.henderson@angoa.org.nz 8 Sector Roundtable 13 October, 10am to midday; The Tui Room, Platform, Level 3, 147 Tory St, Te Aro, Wellington Tuesday 8 November, ANGOA AGM beginning at 7.30am with a light breakfast; Quality Hotel, Upper Cuba St, Te Aro, Wellington 8 December, 10am to midday; The Tui Room, Platform, Level 3, 147 Tory St, Te Aro, Wellington Wellington Research Forum: 22 November, 1pm to 3pm Families Commission, 6th Floor, Public Trust Building, 117-125 Lambton Quay Auckland Research Forum: In the week of 14 November, to be confirmed. Christchurch Research Forum: Next date will be in 2012 Note change of time – venue to be confirmed – contact Sharon Torstonson sharon@ccoss.org.nz Dunedin Research Forums: Next date to be confirmed Venue: Alexander McMillan Room, DCOSS Other important dates, events & conferences: View the events calendar on CommunityNet Aotearoa Disclaimer This newsletter is produced by ANGOA, the Association of NGOs of Aotearoa. All the information is intended to assist readers to pursue in a non-partisan way an interest in matters relating to the tangata whenua, community and voluntary sector in Aotearoa New Zealand. An effort is made within available resources to ensure accuracy but no guarantee is given or implied. If you have contributions, comments or suggestions, please forward them to dave.henderson@angoa.org.nz . We thank you warmly for your support, and hope to see you at these forums! 9