Commentary on provisions of Act Monitoring and enforcement Section 33: Extension of powers to charities who have not received public assistance
Section 33 amends the HRA 2008 to repeal provisions which prevent the regulator from exercising various enforcement powers in relation to registered charities who have not received public assistance. These changes will allow the regulator to exercise the following enforcement powers in relation to registered charities who have not received public assistance:
Holding an inquiry (section 209);
Placing a restriction on the charity’s financial dealings during an inquiry or where, as a result of an inquiry or audit, the regulator has identified mismanagement of its affairs (sections 256 and 257);
Suspending an officer, employee or agent of the charity during an inquiry (section 259);
Removing or suspending an officer, employee or agent of the charity where, as result of an inquiry or audit, the regulator has identified mismanagement (section 260);
Removing an officer where they are unfit to fulfil their position (e.g. being made bankrupt, being absent from duties, suffering from mental illness which affects their ability to carry out their role, etc) (section 266);  and
Appointing a new officer to replace an officer who has been removed or suspended (section 269).
	These changes will give the regulator stronger enforcement powers to use in relation to registered charities that have not received public assistance. This will allow the regulator to take action to ensure these charities meet consumer standards in the same way as in relation to other registered providers.