In two lengthy posts on the health charity’s Facebook page last Saturday and last night, Te Kāika chief executive Matt Matahaere said: "Te Kāika is not under investigation for wrongdoing."
He claimed in Saturday’s post that the Otago Daily Times had asked many questions "framed around the suggestion that Te Kāika is under investigation or failing to meet its obligations as a charitable health provider".
"These claims are incorrect," he said.
The charity was only subject to "regular reporting, monitoring and review processes", he said.
Since last year, and on several occasions, the Department of Internal Affairs (DIA) has told the ODT that Te Kāika — the trading name of the charity Otākou Health Ltd (OHL) — is under investigation.
Yesterday, DIA’s charities services director Charlotte Stanley confirmed once again that there was an "open investigation into this entity [OHL]" and laid out the circumstances in which investigations take place.
"Formal investigations are opened when there are concerns of serious wrongdoing or deliberate/persistent non-compliance," Ms Stanley said.
The definition of serious wrongdoing is explained in the Charities Act and could, among other things, mean unlawful or corrupt use of funds, or doing something that poses serious risk or that is oppressive, improperly discriminatory, grossly negligent or that constitutes gross mismanagement.
Ms Stanley said OHL had been made aware of the investigation.
DIA had "informed Te Kāika/Otākou Health Ltd that we are investigating matters relating to the charity, and we have been in communication with the organisation throughout this process".
Public relations agency Cherry Red, which OHL uses to field media queries, was asked whether Mr Matahaere intended to retract his social media post.
Cherry Red managing partner Jackie Curtis replied that "we are not responding to your unsubstantiated line of questioning" and asked the ODT to provide statements from DIA.
On receipt of Ms Stanley’s statements, Ms Curtis said: "Te Kāika will not be providing a response to you. These emails do not support the incorrect assertion by you that Te Kāika is being investigated by DIA or that DIA have concerns other than late filing of accounts."
Mr Matahaere then put up another Facebook post yesterday, saying: "Te Kāika is not under investigation for wrongdoing by DIA. We are, however, late in filing our annual return."
The charity was "in regular communication with the DIA" and "committed to meeting all reporting and compliance requirements".
Ms Stanley said she was "aware of the public statements made by the organisation [OHL]".
However, she could not comment on behaviour of charities as that was "outside the scope of our formal inquiries".
"Our focus is on completing a fair and thorough investigation and ensuring the charity meets its obligations under the Charities Act."
In a previous response to the ODT, the DIA has said that "a number of more substantive concerns regarding Otākou Health Ltd" were being investigated.
The DIA has also said its investigation included looking at loans made to leaders at the charity.
Yesterday, Ms Stanley confirmed that no further leeway would be given for the late filing of OHL’s 2024-25 annual report, which is still outstanding despite an extended, and missed, deadline of February 28.
"We have also made clear that the charity’s annual returns remain outstanding and that no further extension is available under the Charities Act.
"We have reiterated the importance of submitting the required information as soon as possible so that our regulatory work can continue."
In 10 years, the charity has never met the requirement to submit its reports within six months of the end of the financial year and sometimes missed extension deadlines, too.
Ms Stanley said that repeated or prolonged failure to meet reporting requirements was a compliance issue that could, if necessary, lead to further regulatory action in line with the Charities Act.
In his Saturday social media post, Mr Matahaere said the accountancy firm BDO was OHL’s auditor and the audited accounts — which must be included in the charity’s annual report — had been completed.
"Our financial reporting and compliance processes are managed in accordance with the professional standards expected of any organisation operating in the charitable and publicly funded sectors," he said.
Under the Charities Act, possible outcomes of an investigation that found serious wrongdoing could include a charity being removed from the charity register or a warning notice issued.
