Commissioner of Inland Revenue v Wellington Regional Stadium Trust - [2006] 1 NZLR 617

Revenue — Income tax — Whether Wellington Regional Stadium Trust council-controlled trading organisation — Whether trust liable for income tax — Whether trust had profit-making purpose — Distinction between “purpose” and “intention” — Operating surplus not sufficient to amount to profit-making purpose — Legislation not intended to subject genuine charities to imposition of income tax — Income Tax Act 1994, ss CB3 and CB4.

Trusts and trustees — Charitable trusts — Whether Wellington Regional Stadium Trust council-controlled trading organisation — Effect of changes in law on status of trust — Whether legislation permitting funding of stadium statutory code for the trust — Local Government Act 2002, s 6.