<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:rssdatehelper="urn:rssdatehelper"><channel><title>Hayes Knight Blog Updates</title><link>http://www.hayesknight.co.nz</link><pubDate></pubDate><generator>umbraco</generator><description> </description><language>en</language><item><title>The Aussie 2013 Budget: For the greater good?</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/5/11/the-aussie-2013-budget-for-the-greater-good.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/5/11/the-aussie-2013-budget-for-the-greater-good.aspx</guid><content:encoded><![CDATA[ 
<p>This is where business comes in. For Australian business, the
2013 Federal Budget was an itemisation of what they're not getting;
$4.8bn in company tax savings apparently. But the changes in
company tax rates - due to commence on 1 July for small business,
never saw the light of day.</p>

<p>The upside is not what was announced but what wasn't. Many of
the previously announced small business initiatives and the more
generous of the existing concessions - such as the small business
CGT concessions - have been preserved.&nbsp;</p>

<p>So, the Budget offers nothing that will significantly change the
shape of business in Australia.</p>

<p>What will be felt on the ground however is the drive to collect
every tax dollar owing. In the Budget speech, Treasurer Wayne Swan
pointed out that tax receipts are down $150bn since the GFC. What
this is likely to mean, emphasized by the $378m in direct ATO
compliance activity funding, is a more aggressive compliance
focus.</p>

<h4><br />
Australia's 2013 Budget Hightlights:&nbsp;</h4>

<ul>
<li>Scrapping of planned company tax rate reduction</li>

<li>Introduction of a loss carry-back for companies</li>

<li>Further restrictions on LAFHAs</li>

<li>Tightening of employment termination payment tax offset</li>

<li>Deferral of higher concessional contribution caps for
super</li>

<li>Doubling of tax on super contributions for very high income
earners</li>

<li>Non-residents locked out of CGT discount</li>

<li>Tripling of the tax free threshold</li>

<li>Scrapping of planned 50% discount on interest</li>

<li>First stage of a national disability insurance scheme</li>

<li>Increase to the rate of Family Tax Benefit A (but changes to
age of eligibility)</li>

<li>Scrapping of standard deduction for work related expenses</li>

<li>Tightening of Net Medical Expenses Tax Offset</li>
</ul>

<p><a
href="http://www.hayesknight.com.au/wp-content/uploads/2012/05/Hayes-Knight-2013-Budget-Summary.pdf"
 target="_blank">Read the full Hayes Knight Group update</a>. If
you have business interests in Australia and need assistance with
any of the issues raised or interpretation of the information
contained in this budget summary, please give your Hayes Knight
adviser a call or <a href="/home/contact-us.aspx"
title="Contact Us">contact us</a></p>
]]></content:encoded></item><item><title>Audit and Assurance: Changes are coming</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/5/7/audit-and-assurance-changes-are-coming.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/5/7/audit-and-assurance-changes-are-coming.aspx</guid><content:encoded><![CDATA[ 
<h4>What is happening and why?</h4>

<p>As we have flagged in earlier articles; after a period of many
years of relative stability there are number of changes on the
horizon for NFP entities and their financial reporting in New
Zealand.&nbsp; Many of these changes will be locked into
legislation and will progressively take affect over the next few
years.</p>

<p>As a final piece in this legislative overhaul jigsaw the
Ministry of Economic Development (MED) has now released their
thoughts regarding auditing and assurance.&nbsp; Late April saw the
release of the MED's discussion paper <em>Auditing and Assurance
for Larger Registered Charities.</em>&nbsp; Responses to this will
help inform the MED's suggestions to Cabinet for proposed
legislation.</p>

<p>While this proposed legislation is just directed towards
registered charities its impact is likely to be felt
wider.&nbsp;&nbsp;In our view it is likely to set a "best practice"
precedent within the wider NFP sector regarding the requirements
for assurance over NFP entity annual financial statements.&nbsp;
Therefore we are anticipating that many NFP entities that are not
registered charities will use the registered charity requirements
for things such as audit and assurance as a benchmark for their
organisations.</p>

<h4><strong>Accountability, transparency and
comparability</strong></h4>

<p><a href="/home/services/audit-assurance.aspx" title="Audit &amp; Assurance">Audit
and assurance</a> requirements are being proposed by the MED due to
the perceived need for&nbsp;higher levels of transparency and
accountability from&nbsp;the&nbsp;large charities.&nbsp;This is
sound logic.</p>

<p>Fundamentally, accounting is about
accountability.&nbsp;Charities are accountable to their
stakeholders for the funds they raise and how they use these.&nbsp;
Accordingly if they wish to continue to enjoy the support of their
stakeholders it is in their best interests to account clearly and
well.&nbsp; Linked to accountability are the important concepts of
transparency and comparability.&nbsp; Having standardised
requirements such as common accounting standards that must be
followed and a requirement for an independent audit, or other form
of assurance, help achieve transparency and comparability in
regards to the financial affairs of charities.</p>

<p>There is a lovely quote from a U.S. Supreme Court Justice Louis
Brandeis that "<em>Sunlight is the best disinfectant</em>".&nbsp;
To me this neatly encapsulates the concept of openness and
transparency.&nbsp; People who feel uncomfortable under the bright
light of scrutiny and criticism often (usually?) have something to
hide.&nbsp;&nbsp; This is where the benefits of professional
independent assurance comes in.<strong>&nbsp;</strong></p>

<h4>Audit and Assurance</h4>

<p>Registered charities are currently obligated to include
financial statements in their annual return, which they must then
lodge with the Charities Commission.&nbsp; However, at present
there is no requirement for those financial statements to
be&nbsp;audited or reviewed.&nbsp; The primary reason for this is
that&nbsp;there has been no mandatory requirement in the past to do
so.&nbsp; From a requirement perspective it is only the result of
either provisions in entity constitutions or requirements of
funding bodies that has led to entities in the sector being
audited.</p>

<p>Instead of looking at this from a forced requirement perspective
many enlightened charities, and in fact many in the wider NFP
sector that are not charities but also raise funds from the public,
have voluntarily had their financial statements audited.&nbsp; They
have chosen to do this for two key reasons: best practice
governance and because it demonstrates a high level of credibility
to stakeholders in regards to their financial statements.&nbsp;
Having professional auditors form an independent opinion over an
entity's financial statements helps assure readers that the
financial information presented is fairly stated and therefore more
reliable.&nbsp;</p>

<h4>What has&nbsp;been proposed?</h4>

<ul>
<li>Most charities&nbsp;are small.&nbsp; Hence the costs may
outweigh the benefits for many.&nbsp; However, in the case of the
larger charities an audit requirement is proposed.&nbsp; It is
noted that&nbsp;the largest 4% of&nbsp;charities&nbsp;have annual
operating expenditure of $2m or more.</li>

<li>There should be minimum qualifications of auditors and
assurance providers to ensure robust quality.</li>

<li>To ensure the cost benefit equation is in balance there should
be a lesser level of assurance required for some smaller
entities.&nbsp; A review engagement, which is not as detailed as an
audit and therefore provides a lesser level of assurance at a lower
cost, is proposed.&nbsp; Suggested are: 

<ul>
<li>Charities with annual operating expenditure of $200,000 or more
would be required to have an audit or a review engagement
completed</li>

<li>Carities with annual operating expenditure of $300,000 or more
would be required to have an audit completed</li>

<li>Charities with annual operating expenditure under $200,000
should be able to choose what they wish to do, if anything.</li>
</ul>
</li>
</ul>

<p>Submissions from interested parties are due to the MED by 20
July 2012.&nbsp; <a
href="http://www.med.govt.nz/business/business-law/auditing-and-assurance-for-larger-registered-charities"
 target="_blank">Read&nbsp;the discussion paper</a>.</p>
]]></content:encoded></item><item><title>Increased focus on segregation of duties</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/5/3/increased-focus-on-segregation-of-duties.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/5/3/increased-focus-on-segregation-of-duties.aspx</guid><content:encoded><![CDATA[ 
<p>There has been, and unfortunately will continue to be, frauds in
schools.&nbsp; And whilst we may not be raising any specific
concerns in respect of your own school it is important to make
people aware of potentially weak areas in the school administrative
and accounting functions.</p>

<p>The reason for the point is that in most schools the Executive
Officers or equivalent usually have full access to the accounting
systems, as well as cash receipts and other aspects of the
administration function, including posting of journals.&nbsp;</p>

<p>This is common in small organisations, such as a school, because
of the limited number of staff and resources available.&nbsp; We
also appreciate that your accounting service providers often can
access your information and act as a supervisory control.&nbsp;
However, they do not restrict processing or in many cases serve to
provide a segregation of roles within the accounting
system.&nbsp;</p>

<p>Therefore, we are just making the Board aware that this scenario
heightens the potential risks.&nbsp; Therefore the management team
and Board should continue to be diligent as regards monitoring of
the financial affairs of the school.</p>

<p>Having an alternative person to undertake the Executive Officer
role serves as an opportunity for another pair of eyes to review
and possibly question, where necessary, any unusual items.
&nbsp;&nbsp;It is also a useful form of operational insurance to
have someone else able to perform parts of your Executive Officer's
role should they be unexpectedly absent.&nbsp;</p>

<h3>We reiterate the point made in the audit findings letter that
this is in no way a reflection on your team members and we are not
bringing into question the integrity of individuals.&nbsp; Rather
our aim is to highlight the situation given the constraints, and
encourage the continued diligent approach of all
concerned.&nbsp;&nbsp;</h3>

<p>As Board members can change three yearly by rotation, it is
important that they are aware of the need to monitor closely the
financial operations of the school and the inherent weaknesses that
exist in internal controls. Our management letter is the way in
which we communicate these issues to them.</p>
]]></content:encoded></item><item><title>Tender for state and integrated schools 2012 to 2014</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/4/30/tender-for-state-and-integrated-schools-2012-to-2014.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/4/30/tender-for-state-and-integrated-schools-2012-to-2014.aspx</guid><content:encoded><![CDATA[ 
<p>Subject to agreement between boards and auditors the Auditor
General intends to reappoint the existing auditor of individual
schools to conduct the audits for the next three years. Where the
incumbent auditor is not reappointed the Auditor General will make
alternative audit arrangements in conjunction with the affected
schools.</p>

<h4>What do you need to do?</h4>

<p>Nothing as yet.&nbsp; The Office of the Auditor General will be
communicating with all schools in the near future regarding the
process and what is required.</p>

<p>As your Appointed Auditor we are not allowed to give any
indicative estimates of likely fees for the new tender round.&nbsp;
So please don't ask.&nbsp; That process happens later.</p>
]]></content:encoded></item><item><title>When is the right time to go?</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/4/27/when-is-the-right-time-to-go.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/4/27/when-is-the-right-time-to-go.aspx</guid><content:encoded><![CDATA[ 
<p>Consider the chorus:</p>

<p>"You got to know when to hold 'em, know when to fold 'em.&nbsp;
Know when to walk away, know when to run.&nbsp; You never count
your money when you're sittin' at the table; there'll be time
enough for countin' when the dealin's done."</p>

<p>So what's this got to do with business, or indeed life?&nbsp;
Knowing the right time to exit your business is a more important
decision than deciding to go into business in the first
place.&nbsp; The same holds true for your job, a relationship, your
position on a local board, club or school committee or as a trustee
of a not for profit organisation.</p>

<p>We'll focus on business, but the reality is that these lessons
apply to all of the positions and situations listed above and
more.</p>

<p>Businesses often start with an idea, a limited amount of capital
and loads of enthusiasm.&nbsp;Through careful planning and
investment they grow and develop eventually becoming worth far more
than they originally were. However, a lot of owners make the wrong
exit decision and pay a price for it.</p>

<p>A relatively small number of businesses continue through
multiple generations. The majority (as high as 67%) either fail or
are sold by the original owners.</p>

<p><a href="/home/services/succession-planning.aspx" title="Succession Planning">Timing
your exit</a> is about understanding:</p>

<ul>
<li>The best time to realise that value.</li>

<li>Whether your business has outgrown you.</li>

<li>Whether the business model is changing (for the worse).</li>

<li>Whether you have outgrown the business.</li>
</ul>

<p>Ideally you want to exit your business before its value has
peaked.&nbsp; A strong business with a good number of prospects is
always going to be easier to sell. Buyers are likely to pay a
premium for their expectation of the future value to be
created.&nbsp; Smart owners monitor not only the value of their
business but also the expectations for the future. It's important
to know where you sit on the value curve.</p>

<p>Organisations can also outgrow their owners, directors, trustees
or committee members. Some people are great at getting things up
and running from an idea (the entrepreneurs) whereas others are
great implementers and excellent at growing a sustainable business
or organisation.</p>

<p>Success at one level is not an automatic guarantee of success at
the next. Each level requires distinct and very different skill
sets. The smaller the organisation the more important it normally
is for you to be skilled at what the organisation does.&nbsp; The
larger the organisation the more important it is that you are a
good manager - strong in finance, strategy and business
planning.</p>

<p>This is why you see so many "founders" moving on to let the next
wave of people through so that the organisation can realise its
potential.</p>

<p>Don't believe that your business model will be forever constant.
Business models must change to survive. It seems no matter where we
look we are reminded how challenging the last few years have been,
here in New Zealand and also globally. However, challenges spark
change, which in turn ignites reinvention and new beginnings. It's
a choice that opens new doors, offers the promise of new
opportunities and increases our chances of success.</p>

<p>This change can be driven by the owners or it may be driven by
changes in the industry (technology comes to mind) or emergence of
alternate models to what have evolved, but for most people the
danger is that their business or organisation model is changing and
they do not realise it.</p>

<p>And in the same way that your business can outgrow you, you may
be outgrowing it. This does not apply to everyone, but over time
people can lose their enthusiasm for an organisation. This is when
'fresh blood' needs to introduced to ensure on-going success.&nbsp;
As Kenny Rogers always says, "the secret to survivin' is knowing
what to throw away, and knowing what to keep."</p>
]]></content:encoded></item><item><title>Is the definition of charitable purpose relevant to NZ society in 2012?</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/4/26/is-the-definition-of-charitable-purpose-relevant-to-nz-society-in-2012.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/4/26/is-the-definition-of-charitable-purpose-relevant-to-nz-society-in-2012.aspx</guid><content:encoded><![CDATA[ 
<p>For more information on the current definition of charitable
purpose please refer to the&nbsp;<a
href="http://www.charities.govt.nz/setting-up-a-charity/charitable-purpose/"
 target="_blank">Charities Commission website</a>.</p>

<p>Do we have an appropriate definition of "charitable purpose" in
New Zealand? Does it need updating? &nbsp;Put this question to
those entities that have been refused charitable registration and
they will tell you that our legal definition of "charitable
purpose" is out-dated and not well suited to New Zealand society in
2012. &nbsp;To protect the country's income tax base the IRD is
reluctant to widen the definition (a valid point). &nbsp;However,
as with many difficult situations, progress is often shaped by the
exploration of a good question.</p>

<p>Firstly some context; why was I invited to present at the
forum?&nbsp; I am a Chartered Accountant with an interest in
not-for-profit (NFP) organisations. Hayes Knight's client base
represents a good snap-shot of New Zealand with an ideal mix of
for-profit, NFP and state sector organisations; ranging from small
to large.&nbsp; A significant portion of our team, myself included,
specialise in working with NFP organisations, from tiny
incorporated societies to large service providers and
philanthropists.&nbsp; While I did not attend the forum to
represent any individual clients, this breadth and depth of client
base provides me the luxury of forming and sharing personal
observations.</p>

<p>Secondly; accounting with regards to the NFP sector is all about
accountability.&nbsp; This may sound like common sense but sadly it
is not always common place.&nbsp; Accordingly I have a considerable
interest in ensuring transparency and accountability.</p>

<p>This leads me to three bouquets to be given to the Charities
Commission:</p>

<ol>
<li>For helping to promote increased transparency in the charitable
sector in New Zealand</li>

<li>For holding this forum to explore the important question
whether our current legal definition of charitable purpose is
appropriate for New Zealand society in 2012 and beyond. This
demonstrates bigger picture and longer term thinking.</li>

<li>For being a useful coordinator/educator in the sector, despite
the relatively short time the Commission has been in
existence.</li>
</ol>

<p>The Charities Commission has certainly not pleased everyone. I,
like some others, have provided my share of both brickbats and
bouquets over time.&nbsp; A regulatory body that is able to please
everyone is probably unrealistic, but it has created some useful
debates.&nbsp; On balance I believe it has had a net positive
impact on the New Zealand charitable sector, as well as on the
wider NFP sector, and as a result by extrapolation, a net positive
result on New Zealand society.</p>

<h4><strong>Personal observations</strong></h4>

<ol>
<li><strong>Charities are a subset of the wider NFP
sector.</strong>&nbsp; We roughly have just over 26,000 charities
in New Zealand and best estimates suggest approximately another
75,000 NFP entities in the wider sector. Having charitable status
is different to just being a NFP entity.&nbsp; Many don't seem to
be aware of, or appreciate this distinction.&nbsp; Many incorrectly
use the terms interchangeably.&nbsp; This can lead to fuzzy
thinking and suboptimal outcomes.</li>

<li><strong>So, what are the benefits of charitable
status?</strong> &nbsp;As far as I can see there are 3 main ones,
two in relation to tax favours and one about brand: 

<ul>
<li>An income tax exemption - beneficial if an entity creates a
trading profit. Yet, interestingly, many in the charitable sector
do not create consistent trading profits anyway.</li>

<li>Donation deductibility - beneficial to promote donations to the
entity from the public; both individuals and businesses.</li>

<li>The brand/status/positive image perception of being seen as a
charity.&nbsp; I believe this "badge" of being a registered charity
is increasingly seen as a competitive branding and marketing
benefit for entities within the wider NFP sector.</li>
</ul>
</li>

<li><strong>The sector has traditionally been disjointed with
regards to information sharing.</strong>&nbsp; While there are some
great examples of coordination and information sharing within the
sector this has not traditionally been the case across the sector
as a whole.&nbsp; In my opinion the Charities Commission has helped
dramatically improve this.&nbsp; There is still evidence of this
disjointed nature in the wider NFP sector.&nbsp; This is a tragedy
because it creates inefficiency and costs the sector wasted time
and money, valuable resources that could be directed to providing
more services to end users in need.</li>
</ol>

<h4><strong>An unscientific but&nbsp;interesting poll</strong></h4>

<p>In preparation of attending the forum I polled our client and
contact base for input. One of the questions was; <em>Why are you a
charity?</em>&nbsp; The main answers were:</p>

<ol>
<li><strong>Funding and competitive pressure.</strong>&nbsp; This
is the number one challenge faced by most entities in the NFP
sector in New Zealand.&nbsp; If an entity can establish itself as a
charity then it gains a potential competitive advantage when it
comes to funding applications.&nbsp; Many funding providers use
registered charitable status as means to cull or limit applications
to them.&nbsp; Furthermore it is suspected that some funders use
charitable status as a defacto or lazy quality check because these
entities are required to follow certain procedures to get and
remain registered.&nbsp; This perceived competitive advantage by
being branded a charity is also the reason that some entities that
don't otherwise need charitable status, such as sporting
organisations that already have their own income tax exemption in
the Tax Act, also seek to become registered charities.&nbsp; As one
sporting client said to me; why would we cut off a possible funding
stream if we can avoid it?</li>

<li><strong>Tax favours</strong>.&nbsp; Income tax exemption and
donation deductibility.</li>

<li><strong>"Because we should be".</strong>&nbsp; Entities that
have always considered themselves charitable.</li>
</ol>

<p><strong>What we see in our practice as Auditors and Assurance
providers for charities.</strong></p>

<ul>
<li>As a generalisation, we see relatively few charitable service
organisations that have significant trading profits requiring an
income tax exemption.&nbsp; However, there is an increasing trend
towards charities looking to create sustainable income streams.
Many are considering business activities in order to achieve this
to help fund their charitable works and reduce their reliance on
grants and donors.</li>

<li>Philanthropists do require charitable income tax exemptions
given that their earnings tend to be dividend and interest
income.</li>

<li>On the subject of donation deductibility, donee status is
important. Donation deductibility is a key tool for encouraging
donations, even if the rebates are not always actually claimed. The
recent study by BERL; <em>Giving New Zealand Philanthropic Funding
2011</em> is a fascinating report and shows how generous New
Zealand individuals are.&nbsp;&nbsp; This essential reading report
commissioned by Philanthropy New Zealand is available from their
website:&nbsp; <a
href="http://www.philanthropy.org.nz/">www.philanthropy.org.nz</a>.
&nbsp;&nbsp;The report shows amongst other things how New
Zealanders have doubled their donations in the last 6 years to
charitable causes.&nbsp; Another point worth noting: giving by
individuals is by far the greatest source at 58% and equating to
$1.54 billion in 2011.&nbsp; Interestingly, only 40% of those who
donate claim their rebates.&nbsp; This supports what we see
anecdotally i.e. relatively low levels of awareness of the rebates
and people not bothering to keep the paperwork or complete the
necessary administration to claim a rebate.</li>

<li>We are glad to report that we see relatively limited abuse of
charitable status.&nbsp; Unfortunately we do see a frustratingly
high level of ignorance across the whole NFP sector, including
charities, regarding many of their legal and accountability
responsibilities.&nbsp; Greater education around responsibilities,
accounting and accountability is needed.</li>
</ul>

<h4><strong>The elephant in the room</strong></h4>

<p>The elephant in the room regarding the charitable purpose
definition is taxation.</p>

<p>Taxation at its boiled down essence is simply the Government
collection of money from the public for distribution to public
causes that the Government makes on the public's behalf.&nbsp;
Hence if the Government is allowed to decide tax favours via
something like the charitable purpose definition in legislation
then it is making charitable choices on the public's behalf.</p>

<p>Broadening the definition of charitable purpose comes with the
risk of widening the loss to the New Zealand tax base. However, is
the Government best placed to decide (on behalf of the public) what
is charitable in New Zealand society in 2012?&nbsp; Reflecting on
the BERL study; as individuals we in New Zealand society want to
support charitable causes and individual philanthropy allows
individual choice.</p>

<p>Does the Government lose that much from widening the charitable
purpose definition in taxation?&nbsp; I suspect not greatly via the
income tax definition.&nbsp; Possibly via the donation
deductibility - but offsetting this is the fact that a successful
and well funded charitable sector to a certain extent removes the
need for direct Government funding of various issues that are
addressed by various charities in New Zealand society.&nbsp; In
addition, a successful and vibrant charitable sector is also still
generating a substantial GST flow for the Government coffers.</p>

<h4><strong>The definition of Charitable Purpose</strong></h4>

<p>It currently is over 400 years old and consists of the four
heads of charity being the advancement of religion, advancement of
education, the relief of poverty, and the tricky one which has
largely been determined by case law over the years; "and any other
purposes beneficial to the community."</p>

<p>It is still relevant today?&nbsp; The paternalistic concept of
charity in Elizabethan society in the 1600's when the definition
was created, is very different to today when we have a much more
sophisticated society with a variety of Government and other
support systems in place.&nbsp; As well as pure charities in the
traditional sense, many would argue that there are also many other
things in our society today that deserve supporting.&nbsp;
Therefore, does the definition need widening to encompass more of
the NFP sector which currently provides community good but is not
considered charitable under the statutory definition?</p>

<p>An individual's definition of charity will be influenced by many
things and be highly variable.&nbsp; That's OK and is surely just a
reflection of the diversity within our society.&nbsp; There will be
as many definitions as there are individuals.&nbsp; This makes it
difficult to exact a definition that we can all agree on.&nbsp;</p>

<p>Taking a very broad view of charitable purpose one could equate
this with: Things good for New Zealand Society as a whole.&nbsp; Or
"NZ Inc" as it is sometimes referred to.</p>

<p>Perhaps the answer is to consider other support mechanisms for
current non-charitable entities in the wider NFP sector that
provide community good.&nbsp; This probably means tax favours for
them, although I suspect donation deductibility is far more
important than income tax exemption for many in the sector. Perhaps
it is also the branding credibility that comes with being part of a
regulated NFP population, just as charities have benefited from
being regulated by the Charities Commission.</p>

<h4><strong>Can business aims be charitable?</strong></h4>

<p>This point relates directly to a number of our current and past
clients, including Business Mentors in the Community and the New
Zealand Institute of Management.&nbsp; These two NFP organisations
essentially exist to improve the general level of business skill
and acumen in New Zealand.&nbsp; By providing these services their
aim is to improve the overall business community resulting in more
jobs, more income and a better society.</p>

<p>However they fail the current charities definition as they
provide services to business individuals which can lead to
individual gain.&nbsp;</p>

<p>My view is that these NFP organisations are doing public good
and deserve supporting.&nbsp; The question is: should this be done
via charitable status or via another channel of support?</p>

<p>Interestingly tax favours affect them differently.&nbsp; One is
largely membership based, receives little in the way of grants or
donations and lives very much within its annual membership funding
means i.e. it has limited trading surpluses.&nbsp; For them the
charitable tax favours have limited significant impact.&nbsp; The
other receives a considerable amount of funding support from
organisations providing donations.&nbsp; Therefore donation
deductibility makes a potentially significant impact to their level
of available funding and hence the level of services they can
provide.</p>

<p>Looking at these examples I am attracted to the concept of
defining charitable purpose by looking at altruism and volunteerism
for the public benefit i.e. looking at the spirit in which the
funds are given and for what intent.&nbsp; This would mean
considering the good that is achieved and the purpose for which
support is provided, with no expectation of personal gain as the
appropriate "lens" with which to determine if charitable status and
tax favours should be granted.</p>

<p>Maybe we don't need to throw the baby out with the bathwater.
&nbsp;What if we kept the long standing definition of charitable
purpose, but progressively extended it to remain relevant to our
society via a body like the Charities Commission which could in its
decisions consider other important factors such as altruism and
volunteerism for the public benefit.&nbsp;&nbsp;&nbsp;</p>

<p>Such a change would require a balanced and flexible
consideration of direct and indirect community benefits.&nbsp; To
do this we need an independent, innovative and inclusive body such
as the Charities Commission.&nbsp; I'm not sure whether all these
factors could be consistently applied if it was under the direct
control of the Government of the day.</p>

<h4><strong>The issue of advocacy</strong></h4>

<p>This has been the source of much contentious, and sometimes what
appears to be sensational and erroneous, media regarding decisions
of the Charities Commission arising from the legal cases
taken.&nbsp;</p>

<p>Political advocacy as a primary purpose is not currently
considered charitable.&nbsp; This is especially the case when it
comes to political parties which are not and should not be
considered charitable.&nbsp; This is sound logic.</p>

<p>However like the business related examples already mentioned,
many forms of advocacy can be for the public good.&nbsp; I act for
a number of similar organisations which involve advocacy some of
which are considered charitable and some not, so I don't believe
that the Charities Commission have necessarily made all correct
decisions so far. That said, I suspect this will change as the
Charities Commission evolves and becomes more sophisticated.</p>

<p>Among our client base is Greenpeace and I have often asked
people if they think of Greenpeace as charitable?&nbsp;&nbsp; The
majority say something along the lines of: <em>while we may not
always support their methods they do seem to be trying to save the
planet, so yes</em>.&nbsp; In fact the ratio used to be about 9/10
would consider them to be charitable.&nbsp; Interestingly that
number has dropped back a bit in recent times as Greenpeace has
stepped up their activity levels within New Zealand, particularly
in areas that perhaps butt up more directly against New Zealand
business vs. more remote issues such as saving the whales.&nbsp;
Yet the majority still see them as being charitable.&nbsp; So have
we got it wrong regarding advocacy?</p>

<p>In summary, advocacy, and the freedom of speech, is an essential
ingredient in a democratic society.&nbsp;&nbsp; Advocacy is how
positive change occurs in a democratic society.&nbsp; It is based
on value judgments, but these change over time.&nbsp; Advocacy
helps promote good public debate.&nbsp; Hence I believe it is
important that we somehow work out how to accommodate and support
an environment that allows advocacy and healthy debate to thrive in
New Zealand even if it is not considered a charitable purpose.</p>

<p><strong>About the Author</strong></p>

<p><a href="/home/about-us/our-directors/craig-fisher.aspx" title="Craig Fisher">Craig Fisher
FCA</a> is Chairman and Audit Director at Hayes Knight Chartered
Accountants, and a specialist regarding NFP and charitable entity
issues.<br />
Craig can be contacted on:<br />
<strong>T</strong> (09) 367 1654<br />
<strong>E</strong> <a
href="mailto:craig.fisher@hayesknight.co.nz">craig.fisher@hayesknight.co.nz</a>&nbsp;&nbsp;</p>
]]></content:encoded></item><item><title>FBT exemption for charities under threat</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/4/26/fbt-exemption-for-charities-under-threat.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/4/26/fbt-exemption-for-charities-under-threat.aspx</guid><content:encoded><![CDATA[ 
<p><span>A tax policy issues paper has been released outlining a
number of suggestions for broadening the tax rules around salary
and wage packages that include both cash and non-cash
benefits.&nbsp; The paper,</span> <a
href="http://taxpolicy.ird.govt.nz/publications/2012-ip-salary-tradeoffs-income/overview">
Recognising salary trade-offs as income</a><span>, focuses on
salary or wages traded off for a <em>non-cash benefit</em>. These
<em>non-cash benefits</em> are not taxable under the current
rules.</span></p>

<p><span>If adopted, this proposal could see charities effectively
losing their current tax advantage of not having to pay
FBT.</span></p>

<p><span>This IRD proposal appears to have eventuated, in part, as
consequence of the recent salary packaging tax schemes that have
been aggressively marketed in New Zealand (interestingly by an
Australian company).&nbsp; The scheme widely promoted to large
charities involves providing staff with vouchers for food and fuel
and other living expenses.&nbsp; The problem however is that the
scheme considerably extends the scope of the FBT exemption.&nbsp;
This has obviously, and not too surprisingly, caused the IRD to
review this area of tax exemptions.</span></p>

<p><span>In our humble opinion, Blind Freddy (or at least Blind
Freddy the accountant, lawyer, or senior management person) could
see this proposed scheme was too good be true - and we all know
what grandma used to say about something that looks too good to be
true!</span></p>

<p><span>Sadly if the paper's proposals are accepted the removal of
FBT exemption, a tax favour that has been granted to charities,
could have far reaching implications!&nbsp;Charities in New Zealand
have enjoyed this tax favour from the Government for a while now
and some would argue that this tax favour gives them a competitive
edge when attracting and remunerating people they would otherwise
be unable to recruit from the corporate sector.</span></p>

<p><span>Looking at the situation objectively, other than being a
direct tax favour granted to charities, there is not a great deal
of logic to the current exemption.&nbsp;FBT is designed to stop
payroll tax abuse.&nbsp; Charities are subject to payroll tax and
hence being subject to FBT also seems logical.&nbsp;</span></p>

<p><span>If you are a charity that may be impacted by this proposed
change we strongly urge you to read and submit on the
paper.</span></p>

<p><span>The issues paper can be found at</span> <a
href="http://www.taxpolicy.ird.govt.nz/"><span>www.taxpolicy.ird.govt.nz</span></a><span>
.&nbsp;Submissions close on 31 May 2012.</span></p>
]]></content:encoded></item><item><title>Even when it comes to service were All Black</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/4/16/even-when-it-comes-to-service-were-all-black.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/4/16/even-when-it-comes-to-service-were-all-black.aspx</guid><content:encoded><![CDATA[ 
<p><a
href="http://www.idealog.co.nz/blog/2012/04/even-when-it-comes-service-were-all-black"
 target="_blank">As featured in Idealog&nbsp;</a> &nbsp;and <a
href="http://www.stoppress.co.nz/opinion/2012/04/retention-tension-how-to-keep-your-finger-on-the-customers-pulse/"
 target="_blank">NZ Marketing magazine</a></p>

<p>Overseas, particularly in the UK, Joe Public won't settle for
substandard service and is typically very vocal when it comes to
dishing out feedback. Whilst being on the receiving end of this is
never a pleasant experience it comes with two extra life lines.
Firstly a second chance to do right by that one customer, and
secondly the opportunity spare future customers from a similar
experience.</p>

<p>In New Zealand we behave differently. Rather than voicing issues
with our suppliers when they arise we choose to operate a secret
system of <em>black marks</em> - and once their numbers up we're
out of there. Suppliers are left dumb-founded and a customer down.
Realistically you've taken two steps back as you try and bring a
new supplier up to speed. So surely then it's in everyone's best
interest to change this behaviour and offer a chance for
redemption?</p>

<h3>On the flip-side as a supplier we do little to circumvent this
behaviour. Very few businesses in New Zealand actively ask their
customers for feedback. They assume (incorrectly) that their
customers would speak up if there was a problem; the reality is
only 8%* ever will.&nbsp;</h3>

<p>Feedback mechanisms serve to release any mounting pressure as
those <em>black marks</em> build up. Don't release the pressure and
you'll have a very upset customer on your hands who will take their
opinion to the market. With only 2 degrees of separation in New
Zealand this can spell bad news for your business and disaster if
the opinion is amplified via social media.</p>

<p>That said, taking action should come with a big warning label:
If you ask your customers for their feedback you must act on it.
The damage to your brand by failing to act will be huge, leaving
you worse off than if you'd kept with the status quo of maintaining
radio silence. My advice for any organisation thinking about
introducing a customer feedback channel - lobby and secure internal
support - without this you don't stand a chance.</p>

<p>Going with a single annual client survey is so 2005. The biggest
gripe I have with them is that they don't allow you to keep your
finger on the pulse of what is really going on. There is also a
tendency for businesses to compensate on the low frequency by
asking more questions - the process therefore becomes intrusive and
laborious, which penalizes engagement rates. I'm an advocate of
short, sharp, regular polling (less chance of that pressure
building up!).&nbsp;</p>

<p>If you are like me you'll want to be able to measure the
success. Make sure you include a measure that allows you to track
and compare performance, so you can see the impact of your changes
but also set future performance targets.</p>

<h3>The Net Promoter® Score gets my vote. Some would argue this,
but I believe as long as it used in conjunction with a qualifying
open-ended question then it does the job well.</h3>

<p>There is no shortage of software companies pushing customer
feedback tools. The problem is that many of them are using market
research tools incorrectly. I came across one that had incorporated
the Net Promoter® Score (a good thing) but had the scale
incorrectly going from 1-10 (the scale should start from 0). They
also tend to rely on a series of algorithms to calculate the
results, but don't allow for the human science necessary to factor
in qualitative data. So how do you decide?</p>

<p>In my opinion your best bet is a software company partnered with
a market research company - or alternatively a market research
company that has invested in developing their own proprietary
software. Having the backing of a reputable market research company
provides assurance that that the right information is captured and
then accurately interpreted. There's also the security that comes
with knowing that they are governed by a <a
href="http://www.mrsnz.org.nz" target="_blank">professional code of
ethics</a>. As far as I'm aware there is only one company in New
Zealand that ticks all the boxes.</p>

<p>Competition is increasing and your customers are somebody else's
prospects. Retention has never been more important. Fact.</p>

<p><em>* Perceptive Insight Ltd</em>.</p>

<p>Damian Bennett is marketing manager at Hayes Knight and has held
key customer-centric roles at Barclays Bank, WHK, and Fisher &amp;
Paykel Finance.&nbsp;</p>
]]></content:encoded></item><item><title>The vanguard of NZs agricultural sector</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/4/16/the-vanguard-of-nzs-agricultural-sector.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/4/16/the-vanguard-of-nzs-agricultural-sector.aspx</guid><content:encoded><![CDATA[ 
<p><span>As featured in Idealog Magazine May/June&nbsp;2012.
<span><a
href="/media/60729/ethical agents and hayes knight idealog may june 2012.pdf">
Download this case study</a></span></span><span>.</span></p>

<p><span><span><img src="/media/60723/ethical-agents.jpg" width="300" height="347" alt="Ethical-Agents" style="display: block; margin-left: auto; margin-right: auto;"/></span></span></p>

<p><span><span>W</span></span><span><span>hen news of the kiwifruit
vine disease broke in New Zealand, Greg Roberts and his team at <a
href="http://www.ethicalagents.co.nz/" target="_blank">Ethical
Agents</a> immediately knew of a product that would
help.</span></span></p>

<p>The company now holds the sole agency in New Zealand for
Trigene, a disinfectant that kills all viruses, protozoa and
bacteria, but is safe for humans and 100 percent biodegradable.</p>

<p>Ethical Agents had its name long before sustainable,
eco-friendly and green were buzzwords. For Roberts' parents, who
started the business 44 years ago, being ethical meant caring for
Kiwi farmers, vets and their animals.</p>

<p>Today many orchards in New Zealand use Trigene to sterilise
their plant loppers and farm bikes to prevent spreading the
disease, while almost every vet clinic relies on the product for
sterilisation. Ethical Agents has sourced a superhero of sorts, a
disinfectant used nationwide to protect our beloved fruit.</p>

<h3>Helping Kiwis care for their flocks and crops is what it's all
about for Roberts. Our farmers were suffering, and he knew how to
source what would solve the problem.</h3>

<p>To New Zealand veterinarians, Ethical Agents is the source of
specialist veterinary pharmaceuticals and other vet products,
holding 35 sole agencies from leading manufacturers around the
world.</p>

<p>Ethical Agents began sourcing new R&amp;D from overseas in 1968,
operating from under the family home in Auckland's Pakuranga. It
was while Roberts' parents still ran the business that accountancy
firm Hayes Knight first became involved. Roberts bought the
business from his parents in 2002. Surprisingly the success rate of
generational succession is not high, with only a third of family
businesses successfully transferred to the next generation.</p>

<p>"<a href="/home/tools/tools-for-businesses/readying-your-business-for-tomorrow.aspx"
title="Readying your business for tomorrow">Succession is about the
journey</a> and our role was to help guide the Roberts through the
process to achieve the best outcome for all parties," says Hayes
Knight associate&nbsp;<a href="/home/about-us/our-directors/yuline-little.aspx"
title="Yuline Little">Yuline Little</a>. "From implementing crucial
shareholder agreements to ensuring all funding issues and sources
were covered - we were with them every step of the way. The result
was a strong foundation for future growth."</p>

<h3>Today Ethical Agents supplies unique products like Trigene,
Calol and Propalin to the veterinary market. If you're a vet,
you've probably heard of these, but if you're not then it's worth
noting that Ethical Agents were one of the first companies to
introduce insect growth regulator for flea control to New Zealand,
and several of their products are the only ones of their kind
available here.</h3>

<p>"We stock the only antihistamine left on the market," says
Roberts. "If a dog has a reaction and goes into anaphylactic shock,
Antimine is vital."</p>

<p>Roberts says the company may only order small quantities of
these drugs each year, but without them the vets - and the animals
- would be in real difficulty.</p>

<p>"We're not a wholesaler and we're not a multinational." The
company doesn't just bring R&amp;D from overseas - Roberts and his
team have worked on a few of their own products, tackling New
Zealand-specific issues like facial eczema. "We're the source,
that's what we do."</p>

<p>When it comes to number crunching, being an importer first and
foremost means depending on what's happening overseas.</p>

<h3>But working with Hayes Knight has made this all quite
manageable, in a relationship that's lasted 25 years.</h3>

<p>Little says what makes her client particularly interesting is
its unique seasonal cash flow, and this can leave the company
vulnerable.</p>

<p>"Yes, seasonal cash flow can make things a little tricky," says
Roberts. But having the support to recognise patterns in the market
has enabled them to keep things running smoothly. Every year
Ethical Agents has a higher turnover in the first three days of
July than in the whole month of June. Only a seasoned professional
would attribute this to farmers beginning their preparation for
calving season.</p>

<p>The company's point of difference, says Little, is that it
remains a family business focused on innovation, while
similar-sized competitors have been bought by multinationals.</p>

<p>Roberts says relationships have remained a focus of the business
since the beginning. "Over the years we've formed quite special
relationships with all our suppliers," he says. "We've tended to
focus on developing strong partnerships with family businesses. We
like to support those."</p>

<p>Little shares the Roberts' passion. Monitoring foreign exchange
variations, planning for the future, forecasting, attending the
monthly management meetings and giving advice "daily, or weekly, or
just whenever they need it" makes for a comfortable, dependable
relationship. "Greg is open to <a href="/home/services/business-improvement.aspx"
title="Business Improvement">advice</a>, driven and a real pleasure
to work with. By innovating, pushing development and capitalising
on R&amp;D the business has grown to become a vanguard of New
Zealand's agricultural sector."</p>

<p>For more information on how Hayes Knight can assist your
business, contact:&nbsp;<br />
<br />
<span>Yuline Little<br />
Associate<br />
</span>E <a
href="mailto:yuline.little@hayesknight.co.nz">yuline.little@hayesknight.co.nz</a><br />
T +64 9 379 1585</p>
]]></content:encoded></item><item><title>Hot, rich and strong - Hayes Knight coffee fix</title><link>http://www.hayesknight.co.nz/home/news/news-items/2012/4/13/hot,-rich-and-strong-hayes-knight-coffee-fix.aspx</link><pubDate></pubDate><guid>http://www.hayesknight.co.nz/home/news/news-items/2012/4/13/hot,-rich-and-strong-hayes-knight-coffee-fix.aspx</guid><content:encoded><![CDATA[ 
<p>The case study features our client Kokako, a fair
trade&nbsp;organic coffee company that not only beat the recession
but grew with the <a href="/home/services/business-improvement.aspx"
title="Business Improvement">help and advice</a> of Hayes Knight
during this difficult time.&nbsp;&nbsp;Enjoy!</p>

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</object> &nbsp;</p>

<p>Look out for the campaign on&nbsp; <a
href="http://nzica.informz.net/z/cjUucD9taT01MTg3NzgmcD0xJnU9NTAwMDU2NDExJmxpPTI2NzgwMTI/index.html">
NBR Online</a>, <a
href="http://nzica.informz.net/z/cjUucD9taT01MTg3NzgmcD0xJnU9NTAwMDU2NDExJmxpPTI2NzgwMTM/index.html">
Stuff.co.nz</a>, <a
href="http://nzica.informz.net/z/cjUucD9taT01MTg3NzgmcD0xJnU9NTAwMDU2NDExJmxpPTI2NzgwMTQ/index.html">
Seek.co.nz</a>, <a
href="http://nzica.informz.net/z/cjUucD9taT01MTg3NzgmcD0xJnU9NTAwMDU2NDExJmxpPTI2NzgwMTU/index.html">
Trade Me</a> and <a
href="http://nzica.informz.net/z/cjUucD9taT01MTg3NzgmcD0xJnU9NTAwMDU2NDExJmxpPTI2NzgwMTY/index.html">
NZ Herald Online</a> in the coming weeks.</p>
]]></content:encoded></item></channel></rss>

